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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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Military secrets. I'm trying to think of a sillier oxymoron, but it eludes me. For the last, oh, how ever many years it's been since the human race started recording history, there's only been one military secret: the exact formula for Greek Fire. However, any moderately competent chemist can duplicate the effect.
Our scientists, officers, & non-coms are no more intelligent, & possess no more knowledge than theirs. Whatever we can think of, they can too. We could have published the blueprints of the B-2, & the Soviet Union couldn't have built a workable model. They simply didn't then, & no other country on Earth has now, the money, industrial base, & skilled work force to make them.
Oh, but what about troop deployments? In fact, since the first military installation was set up, every bartender & hooker within 30 kilometers (18.75 miles) knows more about what's going on than the base commander. The Pharoes knew that.
Please be concerned about real problems.
Musician666 Intelligence. There's a much sillier oxymoron for you.
Exactly this. Anyone who thinks there are actual military secrets valuable to their security just likes the warm blanket feeling of the government protecting them by magical means. The government is just PO'ed that they are caught lying and they can't even get their elite soldiers to play along.
Student, Do You have a DD214?
roc1960 - He's googling DD214 to see what it is...
Good one, Roc! LOL!
Regardless of how it is sometimes (often?) abused for political reasons, there ARE indeed actual real secrets that can do damage to national security and place lives at risk.
If that wasn't true, Russians, Chinese and even our allies wouldn't be spending some much time pursuing those secrets.
If one has a security clearance, one should have enough integrity not to violate the trust that has been placed.
Find it yet Student?
Must not have.
This man signed a non-disclousure then turns around and blabs everything to make a buck ???? Why isn't he running for public office with all the other traitors ? Sounds like he'd fit right in.
The good news is that Obama is subject to the same attack as the Seal. The White House is already under investigation for leaks. Obama just can't keep his mouth shut.
You conservatives keep saying that. Where is the evidence that Obama leaked anything?
Of course Obama didn't leak anything. That's what they have aides for...
He should be tried and sent to prison. The book should not be released. It has always been this way with the military no matter who is President. He should, and does, know better.
He should know better like a good little solider should, huh tao ?
rkb5555 - There's this trait called personal responsibility. They it works is like this. When you sign an agreement not to do something, you don't do it.
rkb- show me where I am wrong. Again, it has always been this way with the military. Just like the guy publicly sponsoring an Obama hate group on Facebook. You sign agreements
when you go in and leave the military. If you don’t like it, don’t serve.
Skup, sounds like some pretty sound logic there in your post!
So the DOD does not like a first hand view of the killing....They are in the pocket of the President...one Who knows nothing about the truth so....now that the Obama team is trying to have a movie about the assualt ...due out in December... now wants it out in October.... He likes the film better than a first hand witnesss...can You guess why??? As far as "leaks" from the Seal.. DOD should look at leaks from the White House.
Well said Larry
Everything always starts at the top and works down. Obama and his idiots yap away and now we have highly trained heroes doing what they know is wrong by talking about missions. If my dad were a wife beater it is likely I would be one as well. His president is a liar and smack talker and now this SEAL is a liar. He should get a job in the White House.
This whole "secret" thing is out of control. Goverment "secrets" are the reason we have such a screwed up country and the whole world laughs at us. During the Viet Nam war, I was in Thailand, and we carried out operations in Laos. We weren't allowed to tell anyone and it was a deep dark secret. To Americans. The rest of the world knew we were there, the Pathet Lao and N. Vietnamese knew what was going on and could tell you the tail numbers of the aircraft involved. The only people in the dark were the American people. The military and our government has long abused using secrecy. It's time to end it. The only time there is a legitimate need for secrecy is when an operation is being planned and carried out. After that it's just lying and coverups. The military and polical hacks that try to make everything secret should be punished severly. Most of these people that want to have all this secrecy are a bunch of walter mitty remfs. If you don't know what remf is then ask a combat veteran.
Vietnam was SNAFU period. But I still believe that tactics and training our military uses doesn't need to be public knowledge. That is how we maintain our edge over advisaries. Our we could have reporters drawing out the next days battle plans in the sand again.
I do believe it is kinda late to try and halt the release and sale of this great piece of work since many have began receiving advance copies in the mail before the release date on Tuesday Sept 4th. The Pentagon can threaten whomever they want. but the contents of the book No Easy Day is already reaching the masses and the rest of the world. (The Pentagon is in violation of restricting the right to Freedom of speech and the Freedom of press if they are going to stop the release of Mark Owens book.
Freedom of speech does not mean freedom from consequences. When you sign a non-disclosure agreement you are legally obligated to provisions of that agreement.
If He must go to jail....put Him in the same cell with Obama and Holder
The White House leaks sensitive info, nothing happens. The SEAL writes a book and gets threatened. He brings light to fact that the the OBUMA administration spun the raid to make OBUMA look good. Can't wait until the American people vote this amateur and his pet monkey Joe out of office. FORWARD with incompetence!!!!!
It should be obvious that we will not get the truth from the obama administration.
The Obama administration granted full access to classified documents for the movie about the raid. Turns out, those leaks are probably inaccurate. Embarrassed, the administration now goes after the truth-teller.
In the meantime, the administration's leaker, probably Plouffe of Panetta, go untouched.
Effing pathetic.
The Pentagon is right and everyone knows it. There is a reason they sign these agreements. He should be sitting in a cell right next to Manning.
Did they really say their serious about leaks of classified information? Maybe they should look at the White House...
Traitor ,try him for Treason
Just idiotic; the news and Obama had already released details of the mission and nobody seemed to care then. Just shows how the government wants to control anything they can. How are you going to make a point against a soilder for saying the exact same details you released about the mission. I love our country and think we're all blessed to live here, but things like this show how our country is on the wrong track.
So his signature means nothing then? Whats next a press release before a mission so the public can come watch?
In many countries, this ex SEAL would have disappeared into thin air when he thought of writing such a book. He is dangerous because he put all the SEALS in harm ways!
The pentagon did not have to give us any operation details. We just needed to know that Bin Ladin was dead, that is all!!!!
A point that seems to be forgotton.
boy,
Are you arguing that we should try to lower ourselves to the standard of some very screwed up countries?
It doesn't seem you've thought that out very well...
What could put others into harms' way? "Secrets".......that aren't already known by half the world? Yeah, ok.
Think he was just trying to make a point of how lax our Government is. I didn't read anything about him advocating a disappearance.
Talk about a screwed up country. We threaten to go after the SEAL and don't do anything with obama...
We're on the wrong track...
How about all the stuff Obama leaks for political gain? Should we go after him?
Ya Think?
Can you believe these turd bags are threatening this hero for telling the truth about this operation?
To quote these bags of puke, '"We've got to get serious about leaks of classified information,"
They have the gaull to say this after the Odumbo white house has repeatedly leaked several times this year and last year what our plans were and are for afghanistan, after the turd bag congress and senate creeps leak this kind of info out and not a GD Friggin thing has been done to these traitors in the congress, senate and white house.
But they have their friggin panties in a bunch over a hero telling the real truth about what happened to Osama.
What a bunch of phucks, lying, traitor ones at that.
Man, something is seriously wrong with corrupt washington.
Is it any wonder the american public has no trust, no respect for all of the tud bags in washington?
What a bunch of lying, stealing, corrupt gaggle of pond scum these people are.
Sounds like some good sound reasons NOT to reelect Obama?
Here is my only problem with DOD and the government trying to inforce this agreement. Once the government gives all the classfied information out regarding the raid, which they did, it cancels its right to enforce confidentiallity on the subject. When the President and DOD gave out all the specifics of the raid he set a precedent that allows others to speak on it as well. They just don't want to look like idiots for lying about how it truly went down. I would fight it in court and I will bet money that the seal wins. I'm a former Marine, and I support our government, our seals, our Marines our Troops etc. If the government wants to put the information out they cannot stop someone else from correcting their misinformation. You cant have your cake and icing too on this. Obama wants everything put out to make it look like he was the sole responsible person for Bin Laden's death. It's time he eats a little humble pie.
See, your last statements are what gall me. The President has consistently thanked the military and his advisors for their role in killing Osama. He has also thanked the work done by the military under the previous administration.
So why are they not investigating the White House leaks?
Ask Obama.
Folks...
I think the Pentagon should worry about a Julian Assange type leak at Fox News to reveal the ID of this Navy Seal to the public than to prosecute the man if he did not reveal any top secrets in his book !! He served with honor, did his job, and didn't hurt anyone in his attempts to tell a very important story on how America will track down terrorist targets that kill many innocent americans and other people around the world. It also sends a message to these guys that the days of getting away with murder is all but over. That to me is the most important part of this story, and a great one at that..!!!!!!!
This SEAL should NEVER tell classified secrets to the enemy. Might as well join the enemy. I hope they stop the release of the book to keep our side safe.
I am amazed at the talk of honor or dishonor. If I recall the American Indians may be able to attest to the fact of broken contracts, Treaties. I do believe that some tactics should not be divulged. That would be to protect our Armed forces. Nothing New about the Government Lying,always has always will. The media should be bared from the battle fields period. They give us up more then one man ever could. Politics and War and rumors of War,Dangerous Combination. Pace