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Abstract

This is the third and final part of the three-part Courting Oblivion series on the legal concept of oblivion, meaning legal forgetfulness, letting go of the past, or forgiveness, usually to predicate a second chance, a restart, or even an era of reconstruction. This Article begins with an exposition of former President Donald J. Trump’s several indictments, including his indictment under the Espionage Act of 1917. It explains how, even while being charged for espionage, Trump and other nonwhistleblower suspects appear to unfairly benefit from a double standard.

The Article gives an exposition of the origins of whistleblower protections in the United States tracing back to a 1778 statute that was enacted after Benjamin Franklin’s revolutionary act of whistleblowing. It also explores the “right to know” vindicated by John Adams during the revolution, before he betrayed his own views by signing the Alien & Sedition Acts into law. It discusses the enactment of the Espionage Act of 1917, certain whistleblower protection statutes, and relevant jurisprudence.

Then, this Article puts the case against Chelsea Manning in legal-historical context. It explains Manning’s position as the first internet whistleblower, and how her case became the crowning achievement of Obama’s experimental “war against whistleblowers” that President Trump attempted to standardize in Reality Winner’s case as though these criminal cases legitimately arose from nonexistent strains of feudal scandalum magnatum precedent in the United States. Finally, it demonstrates why Manning’s trial was unjustly prosecuted, why Manning deserves oblivion and amnesty, and how Congress can extend oblivion and amnesty to her.

This Article sets forth the terms and provisions that Congress should consider enacting in the Chelsea Manning Act of Oblivion and Amnesty. It especially explains how this act should either repeal or amend the Espionage Act in its entirety, by meaningfully distinguishing whistleblowers, irresponsible parties, and actual spies. Furthermore, it demonstrates how Congress can proactively initiate a third period of reconstruction in America through oblivion and amnesty.

This Article concludes the Courting Oblivion series by honoring the contributions of queer, transgender, and intersex people, to the law framed by the writings of Flannery O’Connor. It honors especially those like Marsha P. Johnson, Pauli Murray, and Chelsea Manning, who reached across color lines to create opportunities for justice. It ultimately calls upon Congress to exemplify Joan Didion’s “singular power of self-respect” according to the superior grace of Eve Babitz’s works by finally doing right by whistleblowers, who deserve our forgiveness and our penance.

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