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Subscribe to RSSA retired Navy SEAL could face legal action for his upcoming book about the raid that killed Osama bin Laden. The Pentagon is threatening to file criminal charges against the man who wrote the book, "No Easy Day," under a pseudonym. NBC's Jim Miklaszewski reports.
Updated at 2 p.m. ET -- The lawyer for "Mark Owen" -- the pen name of the former Navy SEAL who wrote "No Easy Day," a book describing the Osama bin Laden raid -- on Friday said that Owen did, indeed, seek legal advice before publishing the book and he disputed other claims made by Pentagon.
"Mr. Owen sought legal advice about his responsibilities before agreeing to publish his book and scrupulously reviewed the work to ensure that it did not disclose any material that would breach his agreements or put his former comrades at risk," Robert Luskin wrote in a letter addressed to Pentagon General Counsel Jeh Johnson. "He remains confident that he has faithfully fulfilled his duty."
Furthermore, Luskin said a non-disclosure agreement Owen signed -- which the Pentagon claimed he was "in material breach" of -- doesn't require Owen to submit his book for review. "As you are well aware, the Classified Information Non-Disclosure Agreement, which you attached in your letter, invites, but by no means requires Mr. Owen to submit materials for pre-publication review," the letter said.
A Pentagon spokesperson on Friday said it is unclear if the book actually contains damaging classified information. "I'm not going to say whether the book has classified information in it," spokesperson George Little told reporters.
On Thursday, Johnson said in a letter that Owen is in violation of the non-disclosure agreement.
Related: Ex-Navy SEAL: Book about 9/11, not politics
The letter, sent via the attorney at Penguin Putnam publishing, explained that Owen signed two separate non-disclosure agreements on Jan. 24, 2007, and that he has an obligation to "never divulge" classified information.
"This commitment remains in force even after you left the active duty Navy," Johnson wrote.
Pentagon's top lawyers reminded the ex-Navy SEAL who authored the tell-all on the bin Laden raid that they are considering legal action against him for publishing "classified" information. NBC's Jim Miklaszewski reports.
He also signed a "Sensitive Compartmented Information Debriefing Memorandum" when he left the Navy around April 20, 2012, according to the letter.
"The Department of Defense has obtained and reviewed an advanced copy of the book ... In the judgment of the Department of Defense, you are in material breach and violation of the non-disclosure agreements you signed," the letter said. "Further public dissemination of your book will aggravate your breach and violation of your agreements.
"The Department is considering pursuing against you, and all those acting in concert with you, all remedies legally available to us in light of this situation."
A senior Defense official on Thursday said, "There has to be consequences" for someone who violates the non-disclosure agreements prohibiting the release of classified information.
The official also suggested that by revealing "tactics, techniques and procedures" employed by the Navy SEALs during the raid, "it could put other operators at risk and future operations in jeopardy."
"No Easy Day," written by a former Navy SEAL who helped take down Osama bin Laden, claims the al-Qaida leader did not defend himself during the raid. The book will become available on Sept. 4, earlier than the anticipated Sept. 11 release date. NBC's Jim Miklaszewski reports.
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The man was a Navy Seal. He has an obligation to his country to keep his mouth shut. His dishonor is not about a constitutional amendment. Its about selling out his team for his 30 pieces of silver. He should have disclosed before he became a seal that he doesn't have the honor or the integrity to uphold his part for the team. I won't be reading his book.
If he has signed agreements on non disclosure as part of his oath, and what he put in the book is deemed classified, the publication of the book should be stopped and the guy charged. The obviously know who he is as from excerpts he as much as says his name by listing his actions.
This was just a move to make a quick buck, I thought seals had more integrity than this.
So, is this the start of that Transparency Mr. O talked about when he was trying to get elected in '08?? Sure it is!! I trust our government about as much as a mouse trusts a hawk hovering in the sky!!! "don't worry little buddy, I only have your best interest in mind" Oh, well, then it must be true....
Wait. What? With all the hype leading up to this book, you're telling me the Department is just NOW getting around to saying it shouldn't be published? You can sit on the railroad tracks, watching the train coming, for only so long. The train is here. The fact is, they could have and should have done something much earlier.
And do you honestly believe that a Navy Seal would write a tell-all revealing our secrets?!? You are already judging him as being dishonerable without even knowing why!
Surely, someone (or more than one someone) has already read the manuscript and found nothing wrong with it. At this point, they're just playing a game of CYA.
Ah yes, the free speech argument. Simple, if he signed non-disclosure agreements then he cannot or should not disclose any sensitive material. I had to sign a mountain of paperwork to get my security clearance when I was in the Marines, some of which was paperwork telling me to keep my trap shut. So I have, but the Pentagon could just release the documents proving he signed such and such agreements. It's not like trying to get Romney's tax records or Obama's papers. However, some things are better left alone and there may be things that should not be mentioned and I'd feel better about him writing a book if the whole Seal team backed this, but from what I gather that is not the case. Hopefully this gets resolved without the usual huge fuss people make out of things. Semper Fi
Just out of curiosity...
What was your MOS?
It is all about the look at me world. Lots of people figure they are just starring in their own movie and this ex Seal is just another one of those types of people. He broke the code as well as the law, needs to be held accountable.
So Dave what is it. Are you just another jackass hiding behind you bible or what.
First of you start out judging and swearing. Then you pray to god for help.
As the bible says Judge Not lest ye be judged. Oh and what about the part about forgiveness.
Just another Repub bible banger that has no idea of the bibles meaning. You either live by it or leave it out.
Whats it gonna be.
If you are going to quote the Bible, please do it accurately. The passage that you refer to says that we are not to judge in a manner that hopes for the worst of a person who is acting inappropiately. As to the issue of making judgements, the Bible gives us the eternal standard for determining (making judgement) of what is right or wrong. If we were to not make decisions based on this direction, this or an book, would have little value. It is the same with love. God says we are to love, but defines this as "If you love me you will keep my commandments". Another reference to making decisions of right and wrong.
Would love to read the book but having had to sign all those documents myself I agree with the Pentagon.
Honorable people act honorably. It is a shame that a few in politics and the armed forces would sell their honor and integrity for 30 pieces of silver. Treason is treason and those who commit it should be prosecuted to the fullest extent of the law. This includes capital punishment - it is that serious a matter.
Treason ??? better take a look at your president, to order a man killed when he could have be captured ? the united states goverment is just as bad as ben ladon and then hide what they are doing behind paper work, if any and because the goverment tells you what happened and you believe this crap???
Bin Laden had already been dead for years. this whole story is a charade meant to mislead and misguide. no body, no pictures, all a scam the day after the bogus birth cert was released. wake up America! Bhutto was shot right after this interview, just like Kennedy after he went after the cabal that is the Fed.
This Navy Seal should be put in prison for not complying with the aggrement he signed.
Somehow it seems the discussion has missed an important issue. If an item is classified are there no circumstances when it should be disclosed? What if it is illegal and or immoral. The members of the SS and German Army swore an oath, and followed orders but the Allies held them to a higher standard. I am certainly not comparing Seal Team Six to them in any way, just showing there are exceptions to Military Oathes and orders. In a Democracy the citizens have a right to know when they are being lied to. Who determines what is classified and withheld from the citizens? When do they have a right to know the facts? Who excercises the "classifed" stamp and insures the motives are "pure".
if you lock him up then lock up every politician for the same reasons... they all take a oath and they all go back on their word over and over again
This has nothing to do about what is right or wrong. Its all about Obama. No one gets excited about the leaks that the President releases. Lets start at the top before we go after the Navy Seal. This guy should be impeached for the crimes he commits.
99 percent of you people would have done the same thing he did... you have to walk in his shoe to know what his mind set is and why he did it... im sure your all standing in glass houses and throwing stones
I agree with you 100%! I in a way think that it was his release. Maybe he didnt agree with lying when he got back home, when i dont know...his family was possibly asking him what actually happened. They stood behind him while he was away hoping and praying that he would return in one piece. I would find it hard myself not to let my loved ones know the truth.
Lets see now, Iran warns the U.S. against bringing a Super Carrier into the Gulf, and low and behold the Media blasts it all over TV as it approaches, when it arrives, etc......the media tells all about our moved F-22's for deep strikes into Iran if needed, where they are based...point is our media will disclose information asap with no regard to anyone or who's lives it may cost....and our White House 'Leaks' are no better.
So a ex-Seal puts out a book after the fact on a raid and he is in trouble? Or is someone mad because they did not have the chance to make a $$$ off the History Channel first???
Criminal charges should be filed by the Pentagon against this Navy Seal. He signed two separate non-disclosure agreements!! Then takes a shot at his commander in chief.
Some form of punishment is due. Up to the Pentagon leadership and maybe the courrts to determine. Could this a form of petit treason? THAT could be a very serious charge.
I doubt the Pentagon will give his a pass on this one.
I agree that what's a secret should remain a secret. That's why they are called silent warriors. The only time I think they should be able to break that deal is in the event of something clearly illegal or treasonous to the country. For example, if the President is telling a bold-faced lie, that should not be allowed to stand. He needs to work WITH the DoD, not against it. Spoken as a retired Officer.
But the political hack 'leaks' that put those same warriors and those that help us in danger should be prosecuted even more fully - and I don't see that happening either...
The SEAL agreed to the rules "without mental reservation or purpose of evasion" didn't he?
But when this all went down...did you ever think... "I don't think it happened like that"? Point period Bin Laden is dead, thanks to our government, and I am happy about that!!! But doesnt it ever facinate you just to know some truth at one point in time??
The SEAL in question should live up to his signed agreement, certainly, but at the same time I'm wondering how a pack of "Pentagon lawyers" could credibly threaten a SEAL who was on active duty until just four months ago. I really don't think his skills would have eroded enough in that short period of time. He can live as a millionaire expatriate in any of dozens of countries, and these lawyers can go without sleep for an indefinite period of time. This horse is out of the barn, and there's an end to it.
The disclosure of military procedures can have far reaching and devastating consequences. During WWII a group of congressmen were briefed on the actions of submarines. Following that briefing one of those congressmen held a news conference and explained that our submarines routinely survived the depth charge attacks of the Japanese because the Japanese foolishly thought our subs could only submerge to one hundred feet. The congressman went on to explain that our submarines were in fact hiding safely at three hundred feet. Well guess what, the Japanese listened to our news reports and read our papers, the safe haven of going deep was lost...along with many lives.The admonition "Loose lips sink ships" is very true and has been paid for with the lives of many brave sailors. Don't let those lessons be forgotten lest we pay the price again!
I honestly find all of this ridiculous! If he wants to write a book, telling America the truth, what is the problem? He stated that there is no confidential information included in the book. Im not saying that all of us are to agree with what he did...but Im also sick of America stating that the goverment doesnt tell us the truth, they keep things from us blah blah blah...and here we are, what everyone was wondering about the death of Bin Laden.....what really happened, there had to be more, etc. WELL HERE'S A DAMN BOOK! In your face pretty much. I believe this might have been a way for this guy to let things off of his chest. Maybe he didnt agree with lying to everyone aroudn him of the events that actually ocurred..you know, the family that stayed behind..hoping and praying he would come back in one piece? hmm...yea, i have no problem with this book. I just know, that America, will still....complain that the government lies to us, and yet defend when this kind of stuff happens. WAKE UP!!! its about time we knew some truth!
The Pentagon read it and said it contains confidential information.
Oh! and I believe the government...because they tell the truth!?? hahahahahahahahaha my point exactly! WAKE UP!
He should go to jail if he broke the agreement. He knew that he signed the document but greed got in his way. Send him to jail and keep all profits from the book.
This would not be an issue if the actual account matched the account given by the DOD and the Obama administration. Smelled of politics from the very outset! Once again media backs the administration and not the truth. If this contradiction had taken place during the Bush administration, the media outcry would have been deafening!
As unpalatable as prosecuting him may seem, if he revealed classified information (especially SEAL tactics), then he is doing something far more unpalatable.