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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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Sooo, the White House can leak classified information, but a "boot on the grounder" can't/shouldn't ?
What I've heard from the SpecWar community is that there is nothing there that isn't already known by our enemies that are on the recieving end !
GOOD. I hope they stop this guy from releasing this book. Some people might not think its a big deal but it IS.. If the pentagon read the book and they feel he is releasing information that is classified or can hurt future missions for the seals then this book should NOT be released.. This guy doesnt care about the oath he took or peoples lives he cares about making a buck and its a shame
The morbid part is tossing him in the ocean to cover up the murder . This is scary to have a president like this. GW is bad but Obama is a step above in the wrong lieing direction. Women , blacks and Gays support him. Protected from the GOP great whitey of the nighty.. FEAR,, hello Ob juan.. ! Once WW3 starts up because of Obama and his followers we know who will go first. Shria mama mia..They want to skin American liberals . Vote GOP and stay free.
Maybe I'm just not smart enough to understand your logic.....But it seems to me, you sir, are F'ing crazy.
I heard that the name of a CIA agent is released in the book......you know how serious we take those kinds of things.....eh Cheney?
The leakers getting tough on leaks?
It's really too late to cover up all the lies about how the Op went down and the subsequent WH leaks. Everyone knows we were lied to (again) but half the people don't care and will try to rationalize it all away.
Sure let's make an example of the Seal and pretend the WH is looking out for our best interests.
Get his a$$, this punk could care less about code of honor or anything, it's amazing what people will do for money. How dare you put other peoples lives in danger just so you can make some money. I hope he's arrested and thrown in jail forever. And for those of you shouting about the first amenment, you have never been in the military so shut your dumba$$ mouths. That's the problem with this country now, people only care about themselves, the hell with how this might affect others.
Easy now. I know your angry. I feel the same way. But, calling folks a dumb A$$ for their opinions is not the right step. No they do not understand the military. And never will. But we fight for their right to have that opinion even if it varies from ours. You just have to remember that most folks do not take the time to educate themselves about an issue and just speak. Remember, better to the thought an idiot and not speak.......Then speak and remove all doubt.
pink - not about money at all,, but all about POLITICS! It was meant to show his disrespect for President Obama. They hate him with a passion unrestrained. As he was the Commander & Chief at the time of Bin Laden's demise & thus could get/take credit (in their weak a** minds anyway is the death of another (terrorist or no) celebratory) for the KILL.
Thinking about prosecuting him says the DOD either he violated the laws, rules & spirit of the honor code or he didn't, which is a job for our Gov. - WAIT I'm confused again about the role of Gov. & who does what & why like I have been for the past 3 or more years as the Congress sat on it's GLUTS * gave this man the idea to disrespect the sitting President - DOES THAT MEAN THEY WILL GET PROSECUTED TOO - OH HAPPY DAY!!!! Now Pink Lady, I think that would go miles to fixing your latter statement ;-)
JCE33 snidely referring to some one as "stupid" while in the same vein proving my hypocrisy point & pink ladies "first amendment" point is not ONLY PRICELESS, but I think puts the "removal of doubt" ball squarely back in your STOOPID BALL PARK (where it right-fully belongs) SHAME ON YOU your hypocritical patriotic nonsense is showing;-)
Who did I call stupid? All I said was folks do not take the time to educate themselves. Any military person knows not to talk about things like this. Non-military complain about 1st amendment. If you take the time to talk to some military folk you would see why we are so upset about this. I could never put the folks I fought with in danger by something I said.
I mean for a President to have tossed a body into the ocean takes some strange thinking if you know what I mean..If it was you as president would you have him tossed into the ocean and for what reason ? Is this strange or are all of you like this ? They hired rebels to murder this heads of states in the Middle East. Obama has started the catalyst for WW3 . It is up to us to stop it !
ajgorm
Simple, there is no place to worship his memory nor a place for his comrades to gather about and talk about the "good old days" and plan the next 911.
He is just food for the fishes and now more fittinglly just fish poop! Just like that old saying . . . lower than wale poop in the ocean . . . A lot like people searching for Hitler's body.
A fitting end for someone who was responsible for taking so many innocent civilian lives in many countries.
Dafuq did I just read? Who cares what they did with him. Burn him, freeze him, whatever.
ajgom "You live by the sword, you die by the sword" as Bin Laden was educated (finely so) in the US I'm sure he was aware of that and prepared - if not then he learned it on his way out.
I'm sorry Wylie Coyote brought a bad batch of ACME products & wound up in the Ocean - WTHeck! Like the former SEAL he made his choice when he chose to use his power for EVIL intent. There were many other ways a person could honor (their) God, fight for the rights (civil or otherwise) of their people then plot & kill the way Bin & terrorist do or for a FEVER laden right wing hateful idiot to boot that DIDN'T involve leaking classified secrets! CHOICES & CONSEQUENCES.
As for your question about the disposal of the dead - the President was not there & was most likely advised by the military personnel present or in the room with him ultimately I guess you will have to get a copy of SECRETS OF A DEAD TERRORIST SPUN FOR THE RIGHT to find out!
Oh! one more thing NEVER LUMP ME IN WITH THE PLANTATION MENTALITY it gives me hives.
If handing out classified secrets & breaking your oaths & violating military law is no Big then what the Wiki is that young man doing in prison or any of the others who have committed treasonous acts (with the exception of course of G.W. & Dickey of course - that's simply unpatriotic; as some of us have not gone long-term memory deficient!) of the same origin?
Politician's slay me with their pick & choose BS. While the Re pub's are always saying we do not need the Gov. in our Business or controlling our Business (more like it), yet Gun's gone Wild in Mexico and we need to charge the Atty. Gen. Yadda, Yadda! Hypocrisy (religion & politics full of um!)
He knew what he was doing, yet he didn't care as the FEVER got him! The FEVER you ask - the fever of hatred & disrespect (that the So called intelligent/conservatives have promoted & carried out for over 3 years or more!!!) for the Commander & Chief President Obama (oh! that's right he's not your President, which proves my point about intelligence & patriotism, & let's not forget HYPOCRISY).
So he should suffer the consequences of his actions, but then again that's not what GOP & it's supporters do (well or otherwise), CHARGES!!!! As a person who once took an oath & served under a President which I did not agree with or vote for, I knew better (& I wasn't Special Forces with more of an obligation) & so did he. Grow Up! You do not have to agree with the President or Like the President (you see where I'm going with this) - It's the difference between Grown Up, Patriotic, Intelligent (you see where I'm going with this!) HUMAN!!
Everyone wants to write book these days....all about me and what I can get out of it. Done reading books about self absorbed people, that includes politicans, angry moms, fathers, sisters, doctors, murders, etc....blah, blah, blah
He signed non-disclosure agreements by which he is bound legally, morally, and ethically! There is no defense!
Plain and simple . . . he wrote the book for the money he would put into his own pocket. He knew what he was doing was illegal, unmoral, and unethical. He thought he could get away with it and he shouldn't.
Now for the fix . . .
We do not need any more rouge immoral and unethical bas**rds running in or around in this country. We have plenty of politicians for that!
just facts plork . Challenge the facts not the person that wrote it..
A criminal mind tosses bodies not a sane one.
I love how the "Haters" all like to say President Obama had nothing to do with the Bin Laden raid. Like the seals just thought it up on their own? Maybe he wasn't there in person but neither your precious GB or mittens would either. At least he wasn't sitting around reading a book about sheep to kids while it was going on!
I hope they put this ungrateful POS in jail. First they complain about the President using the Bin Laden raid as a political campaign tool and then they want to go out and profit by releasing sensetive information. Amazing!
Rick .... No he wasn't reading a book... He was F%$$%$ing Golfing until 30 minutes before the attack and everyone in the room had to wait on him.
The raid planning started under Bush, the dates for all this date back sometime into Bush's era. The planning started way before Obama took office...Obama is the hang man..Pre meditated ..The party of one says noting about it, they know the plan. The silent plan shhh it is a secret. after WW3 this kind of thinking will end ..
Yeah,
ok! I’m pretty sure Obama was with our fellow soldiers over there with a gun in
his hands as well...NOT! Do you understand what time of military team we have?
A damn good one, and its a disgrace that you state OBAMA had anything to do
with it. Yeah, sure he gave the go ahead...awesome! Must be soooooo tiring to
be a president who hasn’t changed a damn thing! Seriously? Are you off your
rocker?
There
are highly intelligent individuals in our military. All the information was
gathered by them, and then taken to OBAMA! From there, he gave a go-ahead. Stop
calling people out for being "such an idiot" when you can’t even
state an uneducated comment. Yours is out of hate, not fact. Move on!
Stop calling people out when you cant even state an EDUCATED COMMENT!
I'm not smart enough. Ha! Sure, good one! I bet I am more educated than you are.
Ignorance--doesn't get more friends...just saying!
I'm wondering just how many of you who think this guy, the writer, is being wrongly persecuted by the DoD have ever served in the US military. Because if you did, you know that you follow orders of your commanding officer. He signed away his 1st amendment rights when he signed "two separate non-disclosure agreements on Jan. 24, 2007, and that he has an obligation to "never divulge" classified information." By having the book published he disobeyed orders. Case closed.
well like it or not you wont beat city-hall on this.having family mbrs going bck to wwii and up to present first amend dont mean squat about it until your already out a long time,already so pissed you about lost what few marbles you still had and get your hand shook b people who wouldnt evercared before till they figured it might get them somewhere.seal is a good man,but think he may get cooked.thnks shipmate,and im sorry too.
The WH released the info on the Pakistani Doctor who verified it was Bin Laden in the house. He's now toast!
He done screwed his life up big time and why? Because of greed he.ll be working fast foods
sounds like treason to me...
My question is," How do you all know that this isn't a phony, contrived account (book) of the raid in Pakistan, with the Pentagon masquerading a tough response to finalize persuasion of the account of the raid?"
Show us the recorded videos of the raid and the dead bin Laden, then we will have final closure; otherwise no one can be trusted.
Stop drinking kool-aid people.
I think you've had too much already. If he was alive, don't you think he would have came out and shown he was still here and kicking. Or is he using this moment to let everyone think he is dead as he plans to spring out of the darkness with another attack? Why does my Kool-Aid taste funny? Must have gotten it mixed up with yours.
Funny it's ok to risk your life and kill for this country but not ok to profit like the politicians and owners of the war machine. Let him tell his view because we already know the govt. version will be sanitized
My only problem with this is:
1. a grunt; a nobody really, does something and instant response but let a general do crap and the punishment a joke and it takes forever.
2. if you are going to have punishment it needs to be fair and even a cross the board; not 3 days unpaid vacation for a general and a dishonorable discharge for everyone else. the military is lookin more like congress every day.
The author made no attempts to get his book reviewed and authorized by DOD. He as well as the publishers knows this is required by law. If this guy is honorable why did he knowingly violate the law and break his oath. If this book is not political why didn't the publishers (who published the swiftboat on John Kerry) get this printing reviewed ? Ummm.
Break the law - go to jail. Ah hope and change
If I am crazy what does it make YOU , supporting a president that tosses bodies into the ocean ehh Dexter lol..