Analysis: How do Maciel and the Legionary charism relate?

Canon Lawyer Edward Peters (my father) asks the question that, if Maciel was in fact a criminal, then how is one to understand his charism?

I think it's the most important question of practical theology one can ask in this situation. The claim is being made by Legionary leaders that Maciel's charism, because it has the approval of a Vatican dicastery, no longer relies on Maciel's own person:

"... setting aside questions about what exactly the Legion's "charism" is, Legion spokesmen are invoking the ecclesiastical approval of their charism in the same terms that one sees used to defend the celebration of sacraments by grave sinners, that is, as if dicastery approval of a charism worked ex opere operato to guarantee the authenticity and spiritual fecundity of a given charism. I ask, says who?

For those not familiar with the term ex opere operato, in this case, Peters is claiming that Legionary leaders are saying their charism was transmitted intact regardless of the personal virtue of Maciel (just like the Church teaches sacraments convey grace to the recipient regardless of the minister's personal virtue). However, a charism is not a sacrament, so the question remains open to debate, a debate which Peters takes up next:

"Notwithstanding some authors who think that Roman approval of a religious institute enjoys the certitude of (one level or another) of infallibility, the better opinion is, I think, that ecclesiastical approval of a religious institute's charism is not protected by any level of infallibility. See Avery Dulles, Magisterium (2007) at 78."

That's Cardinal Avery Dulles, the renown theologian, so his opinion holds some serious weight.

Why is this question of Maciel and the Legionary charism important for moving forward? Peters:

"[if Church approval of a charism is not infallible, this] would let us explore the question of the Legion's future with a frankness that would be harder to muster if one feared impugning a determination made by the Church's magisterium."

Here again, the Vatican could provide us clarity. In the meantime, serious debate is welcome.

update: Peter Vere, another canon lawyer, has published his thoughts on these (and related) topics in an interview over at the Life After RC blog. I found several of his points to be helpful.