Ex-Navy SEAL sought advice before publishing book about bin Laden raid, lawyer says

A 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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Some of you folks are reminding me of that infamous Pelosi flap, "First we have to vote for it, so then we will be able to read it". So far, it just seems to me that there is more speculation going on than any form of facts.

I would respect the man enough to read what he has written, before I would judge anything. It is obvious that there are some that really don't want this book to be read, and are doing everything in their power to discredit these writings "before" it is on the shelves. It should also make the reading public wonder "WHY".

On a personal note, I am a little tired of reading some of the drivel that this article has drawn from a few contributors here, referring to animosity for our President because he is black. There is animosity, but race is certainly NOT the problem! He has proven himself to be ineffective and relatively useless. How about "let's have the wounded Veterans of Iraq and Afghanistan pay for their own injuries, either themselves or through their personal health insurance". "After all, they knew what they were getting into.". Add all of this to the lowest form of campaigning for re-election that I can remember, and you might get animosity. After all, wasn't this the man that was voted in on a promise to end Partisan politics? "The Republicans are the enemy."? He sure as heck hasn't been able to run by citing his accomplishments.

I have already heard rumblings that the Bin Laden take-down was mis-handled by the White house. Some have said that information, such as Bin Laden's computer hard drives had been obtained in the raid, and the Seals and their assistants had begged for a short time to review the information for Al Qaeda plans and positional data, before announcing that the raid had been successfully carried out. We very well could have benefited from some of this information, possibly saving a few lives along the way. Just scant minutes after the raid, the TV screens were popping with our President announcing his major success.....oh yeah , and those SEALS guys too. I would really like to know if this was true. There is a good chance that something of this nature just may be in this book.

    Reply#603 - Sat Sep 1, 2012 12:40 PM EDT

    Lies

      #603.1 - Sat Sep 1, 2012 1:45 PM EDT

      Let us not forget that Obama was holding a TV Press conference about Bin Laden's death at the same time the Seals were in the air trying to leave Pakistan. He couldn't even wait until they were safely aboard the Aircraft Carrier before bragging about 'His' accomplishment.

      • 1 vote
      #603.2 - Sat Sep 1, 2012 2:26 PM EDT
      Reply
      Comment author avatarCroncho Balfourvia Facebook

      SO MUCH for HONOR and integrity. ON the other hand, this traitor is a perfect example of the complete lack of ethics, morals and integrity of today's generations. He was NOT the one to determine whether classified information was leaked. Any idiot would have known that

      NEW SEALS MOTTO?

      GREED OVER HONOR

      • 2 votes
      Reply#604 - Sat Sep 1, 2012 1:19 PM EDT

      If you have followed this at all you would know that all of the profits for the book are going to charities who help wounded soldiers. The Author will not receive a dime of the money. Some people actually do things for others without an expectation of monetary gain.

      Perhaps that is a foreign concept to you.

      No profit for the author but a big Stupid on your forehead.

      • 1 vote
      #604.1 - Sat Sep 1, 2012 2:30 PM EDT

      The author says he "hopes" to donate "some" of the proceeds. Read more than just what MSN feeds you.

        #604.2 - Sat Sep 1, 2012 2:59 PM EDT

        croncho: I would rather get the details of the raid from someone that was actually there and involved than someone sitting behind a closed circuit tv watching these men risk their lives!!!! It has nothing to do with greed, he's donating the money to Wounded Warriors! You have no idea if he released classified secrets, how secret can they be when they were leaked and we all know about it!

          #604.3 - Sat Sep 1, 2012 3:31 PM EDT
          Reply

          I'm still just cracking up over the whole concept of Barack Hussein THREATENING a recent DEVGRU team member.

          I mean, is that like supposed to have some actual effect or something?

          Barack Hussein is about to learn that these guys have more integrity in their little finger than Barack Hussein has in his entire Kenyan family tree.

          • 5 votes
          Reply#605 - Sat Sep 1, 2012 1:25 PM EDT

          Not just a birther - a birther that fails to adddresss the PResident by his real name or title. THe only thing missssing is some juvenile name like O- Bow-Ma.

            #605.1 - Sun Sep 2, 2012 10:38 AM EDT
            Reply

            Does that mean that the Seal and the Lawyer are both hanging on the same hook?

              Reply#606 - Sat Sep 1, 2012 1:38 PM EDT

              This guy is a jackass and a disgrace to all Seal teams especially team 6. Seals dont discuss missions with outsiders ever. They dont publish detail pictures of their equipment, like their night vision equipment. Four pictures of their NOGS, you got to be joking. Why didnt he just send his equipment to the Chinese.

                Reply#607 - Sat Sep 1, 2012 1:41 PM EDT

                You need to read the Book 'Seal Team Six' then. Ignorance is no excuse.

                  #607.1 - Sat Sep 1, 2012 2:32 PM EDT
                  Reply

                  My feeling is that he sold out.

                    Reply#608 - Sat Sep 1, 2012 1:53 PM EDT

                    The true story, without the MSNBC spin:

                    The Obama administration and Pentagon officials have said they were surprised by the announcement of “No Easy Day,” and had no prior knowledge of it. Early reviews suggest Bissonnette’s account in the book contradicts previous accounts by White House officials, particularly as to whether Osama bin Laden presented a threat when SEALs first fired at him. The differing accounts could potentially raise a public relations nightmare for administration officials.

                    According to the terms of Bissonnette’s non-disclosure agreements, he would have to submit any manuscript for pre-publication review and obtain permission before publishing it, according to the letter obtained by Reuters. The book was not vetted by government agencies prior to publication. Disclosure of classified information is a crime and the US government may be entitled to all “royalties, remunerations, and emoluments” from Bissonnette’s disclosures, the letter warned.

                    “The letter did not say what classified information the book revealed but the book says an unarmed bin Laden was looking out from his bedroom door when he was shot in the head during the May 2011 raid on his hide-out in Pakistan,” Reuters reported.

                    • 2 votes
                    Reply#609 - Sat Sep 1, 2012 3:01 PM EDT

                    WHo is our "so-callled muslam president?" We only have Barack Obama who seeems to be fairly independent of any religious organization and is doing a good job keeeping a lid on the MIddle East . THese ARE perilous times in case nobody's noticed.

                      Reply#610 - Sun Sep 2, 2012 10:37 AM EDT

                      This guy had lawyers look at the contracts and the info and they gave him and the publisher the go ahead. The Pentagon, at the behest of the Obama White House, is just trying to scare this guy. They don't have a solid case or he would already be in custody. It is embarrassing to Obama because it contradicts, as we all knew it would, the White House account of how things went down and what was actually done with Osama after the kill. Obama hates be caught in yet another of many lies and deceitful activities he has invoolved himself in. This guy is trying to set Obama in his place. So far it looks like he did.

                      • 3 votes
                      Reply#611 - Sun Sep 2, 2012 4:11 PM EDT

                      I bet there isn't anything in this book that can harm our people. This guy isn't stuiped. Anyway have you seen or read the book. Maybe some of the truth is in that book and this Obama Aminstration don't want us to no how dam dirty they are.

                      • 1 vote
                      Reply#612 - Mon Sep 3, 2012 12:00 PM EDT

                      If the book gave President Obama more credit than he's due, and made him look good. This would not be happening!

                      • 1 vote
                      Reply#613 - Tue Sep 4, 2012 10:10 AM EDT

                      I wonder if they'll be so adherent to the letter of the law when they find out the gross violations by our own President.

                      • 2 votes
                      Reply#614 - Tue Sep 4, 2012 5:34 PM EDT

                      This guy should be charged as a traitor

                        Reply#615 - Wed Sep 5, 2012 1:16 AM EDT

                        The question is who did Owen seek legal advice from? Not the Pentagon for sure.

                          Reply#616 - Thu Sep 6, 2012 5:34 PM EDT
                          Comment author avatarMu LLadyvia Facebook

                          No One Gets Left Behind created by Grammy Nominated songwriter plus stars from NBC The Voice and The Biggest Loser inspired by Navy SEALs and Army Nightstalkers that died 28 Jun 2005 during Operation Redwing honors ALL Allied Forces Globally.

                          To hear new song:

                          about-us/ what-makes-us-tick/ fundraising-for-vets

                          Best wishes,

                          MuLLady

                            Reply#617 - Fri Oct 5, 2012 10:33 AM EDT
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