Pentagon may take legal action against SEAL author
WASHINGTON (AP) — The Pentagon's top lawyer on Thursday informed the former Navy SEAL who wrote a forthcoming book describing details of the raid that killed Osama bin Laden that he violated agreements to not divulge military secrets and that as a result the Pentagon is considering taking legal action against him.
The general counsel of the Defense Department, Jeh Johnson, wrote in a letter transmitted to the author that he had signed two nondisclosure agreements with the Navy in 2007 that obliged him to "never divulge" classified information.
"This commitment remains in force even after you left the active duty Navy," Johnson wrote. He said the author, Matt Bissonnette, left active duty "on or about April 20, 2012," which was nearly one year after the May 2011 raid.
By signing the agreements, Bissonnette acknowledged his awareness, Johnson wrote, that "disclosure of classified information constitutes a violation of federal criminal law." He said it also obliged the author to submit his manuscript for a security review by the government before it was published. The Pentagon has said the manuscript was not submitted for review, although it obtained a copy last week.
Johnson said that after reviewing a copy of the book, "No Easy Day," the Pentagon concluded that the author is in "material breach and violation" of the agreements.
The book is to be published next week by Penguin Group (USA)'s Dutton imprint. The Associated Press purchased a copy Tuesday.
Johnson addressed his letter to Mr. "Mark Owen," using quotation marks to signify that that this is the author's pseudonym. His real name is Matt Bissonnette.
Bissonnette referred requests for comment about the letter to his publisher, which was not immediately available.
"I write to formally advise you of your material breach and violation of your agreements, and to inform you that 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," Johnson wrote.
The Pentagon has not revealed how it got a copy of the book.
Johnson noted that "copies of the book have apparently already been released." He added, "further public dissemination of your book will aggravate your breach and violation of your agreements."
The Pentagon did not release copies of the nondisclosure agreements that it said Bissonnette had signed in 2007. A spokesman, Army Col. Steve Warren, said they were being withheld because they include the author's real name and his signature.
In his book, Bissonnette wrote that the SEALs spotted bin Laden at the top of a darkened hallway and shot him in the head even though they could not tell whether he was armed. Administration officials have described the SEALs shooting bin Laden only after he ducked back into a bedroom because they assumed he might be reaching for a weapon.
Military experts said Wednesday that if Bissonnette's recollection is accurate, the SEALS made the right call to open fire on the terrorist mastermind, who had plenty of time to reach for a weapon or explosives as they made their way up to the third level of the house where he hid.
The general counsel of the Defense Department, Jeh Johnson, wrote in a letter transmitted to the author that he had signed two nondisclosure agreements with the Navy in 2007 that obliged him to "never divulge" classified information.
"This commitment remains in force even after you left the active duty Navy," Johnson wrote. He said the author, Matt Bissonnette, left active duty "on or about April 20, 2012," which was nearly one year after the May 2011 raid.
By signing the agreements, Bissonnette acknowledged his awareness, Johnson wrote, that "disclosure of classified information constitutes a violation of federal criminal law." He said it also obliged the author to submit his manuscript for a security review by the government before it was published. The Pentagon has said the manuscript was not submitted for review, although it obtained a copy last week.
Johnson said that after reviewing a copy of the book, "No Easy Day," the Pentagon concluded that the author is in "material breach and violation" of the agreements.
The book is to be published next week by Penguin Group (USA)'s Dutton imprint. The Associated Press purchased a copy Tuesday.
Johnson addressed his letter to Mr. "Mark Owen," using quotation marks to signify that that this is the author's pseudonym. His real name is Matt Bissonnette.
Bissonnette referred requests for comment about the letter to his publisher, which was not immediately available.
"I write to formally advise you of your material breach and violation of your agreements, and to inform you that 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," Johnson wrote.
The Pentagon has not revealed how it got a copy of the book.
Johnson noted that "copies of the book have apparently already been released." He added, "further public dissemination of your book will aggravate your breach and violation of your agreements."
The Pentagon did not release copies of the nondisclosure agreements that it said Bissonnette had signed in 2007. A spokesman, Army Col. Steve Warren, said they were being withheld because they include the author's real name and his signature.
In his book, Bissonnette wrote that the SEALs spotted bin Laden at the top of a darkened hallway and shot him in the head even though they could not tell whether he was armed. Administration officials have described the SEALs shooting bin Laden only after he ducked back into a bedroom because they assumed he might be reaching for a weapon.
Military experts said Wednesday that if Bissonnette's recollection is accurate, the SEALS made the right call to open fire on the terrorist mastermind, who had plenty of time to reach for a weapon or explosives as they made their way up to the third level of the house where he hid.
For those that don't know, these non-disclosure agreements that they sign are really just BS lawyer crap because what he violated was actually his own Oath of Secrecy that he took going in.
The Pentagon says they MAY take legal action against the former Seal who wrote that book. If they do, then they should take legal action against Obama. Why? Because Obama released too much information on the killing of Osama. Obama released the group's name (Seal Team 6) and other information. No doubt the identification led to the downing of the helicopter resulting in the deaths of many of the same Seal members. It was shocking to hear Obama bragging with the "I" used alot. If one recalls, no other President (regardless of political party) has ever done this - they knew the importance of holding this information "close to the vest". No doubt the deaths of these Seal members are a direct result of Obama's inability to keep his mouth shut and his desire to draw attention to himself. Our country does not need another four years of someone who is so careless and self-centered.
 @raven 'No other President has done this'? ?? I guess you don't remember Valerie Plame. Maybe you are not aware of this, but Democrat Presidents don't have a lot of hands-on positive control when we are discussing day-to-day actions of the military establishment. They are typically at odds over budgets and spending-which is their survival. Making a guess, I'd say that the NSA caught it, referred it to the Dept. of the Navy, and never said word one about this fairly small issue to Obama. The public demand for info on the raid and the military wanting to enhance their fragile standing after so many years of war was likely the reasoning to release info in the first place. Am I saying that Obama wasn't just itching to take some credit for the work he hasn't had ANYTHING to do with? Not at all. But I believe that Bush, Bush, Reagan, or even Carter would have released the same kind of info on the action. As to naming Seal Team 6, take a look at how many times info on THAT team has been released in the last twelve years. Get Real.
Don't say anything you don't suppose to-per military !
Anyone who served our military know better.
Obama hates our Military.Vote for Romney to restore the respect our Military really deserves.
Only in the land of tyranny is truth illegal.
Nothing wrong with what this SEAL did. He just told his story, divulged no secrets.
Barry Manning is in the same situation. Nothing he released was anything that should have been classified top secret. But again, in the land of tyranny the truth becomes illegal.
 @Blindman This book rips apart the one accomplishment Obama could run his reelection campaign on, so of course they have to launch a character assassination on the author.
 @Saving Grace It doesn't matter if the book revealed Obama was the devil, he still broke his word and his duty to have someone else review the book for classified material. He screwed up and will have to face the consequences.
@LockesChild @Saving Grace HELLOOOO - Obama violated security also by telling the world which seal team killed Osama and releasing way too much info. No doubt Obama's big mouth led to the downing of the helicopter that held many of these same seal members.
Honestly, you don't think Owens knew this? He already stated that he did not reveal classified info...UNLIKE the Obama White House did per DiFi. this is an election year and Obama is already in the hot seat . This book makes him look as lame as Slick Willy and Sandy Burgler when they called off the OBL kill shot.
I think we need the truth told. Â I am a hard core conservative but I also don't like lies.
The Pentagon is only helping the sales of this book!
Free advertising at its finest. I think a legal battle is what is really wanted to drag Mr. Obama through the mud. the seals way of thinking is "hey he (the Pres.) used this for a  gain I will to." In case you have not noticed the Military community does respect the office but  do not care for the man. If you lived through some of his designs on ROE (rules of engagement) you might feel the same. I encourage you to talk to some real vets. You might see this in a different light. He is exposing more than the mission its self and it is not really classified just not reported or recognized by G.P
I guess this will all boil down to what I have heard called "questions of fact". The Pentagon may in fact be able to prove that classified information was revealed, if so this guy went too far.
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It also sounds like a non-disclosure agreement remained in force and should have been honored by the author. All of this might be a shame because if the Pentagon can stop the release of the book, and it sounds like they are gearing up for that, I won't be able to read a book I had planned on getting. I think the author should have worked with the Pentagon as he was obligated to do. Â
 @kennewickman Don't think they can prevent the release of the book.  That would be prior restraint in violation of the First Amendment.  What they can do, and have done in the past, is seize the proceeds of the book, preventing the author from profiting from his violation of the non-disclosure agreement.  The proceeds will probably then go to a charity, possibly the same charity the author intends to support.
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They can also prosecute the author criminally. Â I've heard the maximum penalty for this is 20 years.
 @Cetus  @kennewickman The profits from the book sales is already going to charities. That was the authors intention from the getgo, the govt wont give the profits to charity, it will go to another wasteful spending spree.
 @mmstrouble  @kennewickman Doesn't matter what the author's intent was.  If the government finds that the non-disclosure statement was violated, they will seize the proceeds.  Historically, as I said in my original post, when they do that the money goes to charity.  It's not like this is the first time this has come up.
 @kennewickman I pre-ordered it for my Kindle. We shall see.
You screwed up, Bissonnette. I don't care if your book castigates Obama or not, your duty is to follow DoD guidelines for releasing information like this.
agreed!!!
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Don't have to submit anything to the Pentagon. Are we living under tyranny? Well yes obviously we are but the sheeple are just to dumb to realize it. There is nothing our government does that we do not have the right to know, NOTHING. Until we have transperancy the country is just going to continue to slide further into tyranny.
 @Blindman I was an avionics tech in the Navy for 24 years at NAS Whidbey Island for the EA-6B
program.The equipment is CLASSIFIED,the operational employment,theory of operation of the systems and the missions are CLASSFIED.Some things in the military are classfied for a reason to protect lives and ensure mission success.YOU and anyone else does not have the right to such info.It is called NEED TO KNOW.Therefore your argument does not hold water.Peace.
 @Blindman Classified information is classified information under any circumstances tyranny or no tyranny
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 @Blindman No, by your logic the guy at the command center could release the daily codes for our nukes. Our rights to free speech do not include dissemination of classified information that could undermine national security.
 @kennewickman  @Blindman oh, you mean like those leaks that came from the White House? Or what about the leaks reported in the NYT? Your duplicity is disturbing.
 @Saving Grace  @kennewickman  @Blindman Contrary to your assertions, this White House has a very strong record of prosecuting leakers.
@kennewickman Hey, that was my job when I was in the Air Force! I was an Emergency Actions Controller in the Command Post and I decoded the Top Secret messages for the ICBMs.
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As for the author of this book, if he did indeed violate his nondisclosure agreement, then he should be prosecuted. He's trying to financially profit from material that should have been classified.
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However, in saying that, the Pentagon is handling this all wrong. Instead of blasting the fact that he has possibly violated his nondisclosure agreement, they should have handled this quietly. All their succeeding in doing is making the anticipation for this book greater and now the release date has been moved up from September 11th. They claim the release date was moved up due to the "overwhelming excitement" the public has for the book but how much you wanna bet the release date was moved up to try to get the book out before the Pentagon shuts it down?
 @Tattooed_Angel  @kennewickman all the DOD is doing is running interference for Obama's reelection campaign. Valerie Jarrett made threats and they jump.
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 @Tattooed_Angel We don't know if the Pentagon tried to quietly negotiate a way out. And I didn't know the Pentagon has any recourse against the publisher, just the author. It might be that Bissonnette no longer has any choice about the book's release--he will just have to face the consequences.
 @kennewickman  @BlindmanÂ
You are wasting your time explaining vision to a bland man...
If the pentagon goes after the author then they also need to go after Obama.
 @ByeByeBarry And why?
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Sooooo... obama can release classified documents to Hollywood so they can make a pro-obama film, but a person can't write about his experiences.Â
 @GeorgeG. One wrong does not justify another. And Bissonnette's duty is to follow DoD guidelines regardless of his personal opinion. He knows that already. Obama's administration and it's crimes are irrelevant to this situation.
His duty? Please! How  about the commander and chief lead by example? Whatâs good for the goose you know.
In theory I do agree with you. But Iâm sure he feels used by the oath as pawn and no longer feels bound by it. Legal or not I guess we shall see. Â Cheers. I am gone for the weekend Â
 @BocaBob Bissonnette swore his oath to the country and the Constitution, not Obama. As much as I hate to defend Obama, every administration has bad actors. They do not excuse anyone else who swore that oath from shirking their duty any more than seeing a senior officer break the UCMJ allows someone serving under him to break the UCMJ.
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 @GeorgeG. I'm quite certain the book would have been approved if he had simply followed the right regulations. He should have submitted it first to the Pentagon for review. I can think of a couple other books that were published the "right" way (Lone Survivor & Matterhorn).