Post date: Sep 01, 2012 12:2:55 AM
INTERNET (AUGUST 31, 2012) (REUTERS) - The Pentagon warned on Thursday (August 30) that it was considering legal action against a former U.S. Navy SEAL for material breach of non-disclosure agreements with his first-hand account of the raid that killed Osama bin Laden.
The Pentagon tells retired Navy SEAL, and author of the upcoming book "No Easy Day", he violated the non-disclosure agreements he signed.
In a letter obtained by Reuters, and subsequently released by the Pentagon, the Pentagon's top attorney also warned that it was also considering legal options against anyone "acting in concert" with the author.The letter, addressed to "Mark Owen," the pseudonym under which the book was written, identified two separate non-disclosure agreements he signed with the Navy that legally committed him to never divulge classified information.
Mark Zaid, a lawyer who has represented a variety of former military and intelligence officials in disclosure and leak cases, said the letter was pro forma but could illustrate the Department of Defense's legal strategy.
"To me, that is telegraphing the possibility that the Justice Department is considering going after the publisher, perhaps with criminal penalties for facilitating if not soliciting or encouraging the disclosure of national defense or classified information," Zaid said.
U.S. officials said last week they were surprised by the book, which was not vetted by government agencies to ensure that no secrets were revealed.
The book has received widespread media coverage and the Pentagon letter noted that some copies have already been released, even ahead of the book's formal release next week.
Zaid said the rights of the SEAL are based on what the exact language of the confidentiality agreements the author signed were.
"If this Navy SEAL has within his secrecy agreements, and this may be subject to dispute, a requirement for pre-publication review the mere fact that he did not subject the book would be a persay breach of contract violation and in that sense it would be a slam dunk. If there is a factual discrepancy to whether the agreement applies or not that may change the equation. But if there is an explicit requirement and he failed to submit that's the end of the story," Zaid said.
Earlier this week, the author said in a statement from his publisher that the book was written "with respect for my fellow service members while adhering to my strict desire not to disclose confidential or sensitive information that would compromise national security in any way."
"The fact is that someone who vets the book maybe a 100% right in determining that there is no classified information but it's not their judgment call to make. It has to be someone authorized in the U.S. government," Zaid said.
Many in the special operations community have privately expressed disappointment in recent days over the book and the publicity it has received.
The author now faces threats against his life. An official al Qaeda website last week posted a photograph and the real name of the former Navy commando, calling him "the dog who murdered the martyr Sheikh Osama bin Laden."