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Pentagon Threatens Legal Action Over Ex-Navy SEAL’s Bin Laden Raid Book

Aug. 30, 2012 8:57pm Jason Howerton

WASHINGTON (TheBlaze/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, who goes by the pseudonym “Mark Owen,” left active duty “on or about April 20, 2012,” which was nearly one year after the May 2011 raid.

By signing the agreements, Owen 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.

Owen 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 Owen 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, Oweb 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 Owen’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.

Fox News was the first news outlet to reveal Owen’s real identity and several others have done so as well. TheBlaze is not publishing his real name.

Front page image via AP.

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Comments (94)

riseandshine
Posted on August 30, 2012 at 11:34pm
It’s hard to know the truth about anything associated with the alleged Bin Laden kill.

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- Dr Vel
  Posted on August 31, 2012 at 1:30am
  riseandshine “It’s hard to know the truth about anything associated with the alleged Bin Laden kill.”
  
  Sometimes only by judging the messenger can you determine the truth. The author is risking much with the legal implications in writing the book. Only a strong belief in what you know is true combined with willingness to take risks for His cause, His country, would He be risking publishing the book. To me this puts much weight behind His words. How much faith can you put in someone, say a politician not willing to risk anything for their country? None.
  
  Report this comment
- KURT1010
  Posted on August 31, 2012 at 6:04am
  I always wondered why they dumped him at sea ? Also , Holder will be next to jump on the bandwagon but will not go after the NEW black panthers or force immagration laws !
- bpodlesnik
  Posted on August 31, 2012 at 7:14am
  I don’t need to know. I needed to know that he was killed and that is it. The guys who were on that mission, and raided the house are the only people that should know what happened that night, in my opinion.
  
  Report this comment
- SocialistSlayer
  Posted on August 31, 2012 at 9:22am
  I wonder why they didn’t threaten obama when he was running his Commie mouth??
  
  Report this comment
- johnjamison
  Posted on August 31, 2012 at 10:01am
  Looks liek Obama little buttbuddy Panetta is trying to use the pentagon the same way Holder is using the DOJ as his person vendetta machine to attack those who dare shine the truth of about the lies protrayed by Obama.
  
  Report this comment
- JRook
  Posted on August 31, 2012 at 10:21am
  @bpodlesnik Well said the seal’s actions are consistent with gross dishonorable conduct and it is sad to see him take the Sarah Palin route. That is using the situation for personal monetary gain, rather than actually do something positive for his country. It is of concern that individuals with this twisted sense of patriotism are allowed to serve in the special forces.
  
  Report this comment
- JRook
  Posted on August 31, 2012 at 10:24am
  There is a chain of command and this seal like any other member of the military should be expected and required to follow it. Publishing of a book like this before the election is intended to do exactly what the blaze is trying to do with it. And it should be regarded as nothing more than an extreme act of disloyalty to his country.
  
  Report this comment
- JQuentinEvermann
  Posted on August 31, 2012 at 10:28am
  Honestly, the truth is coming from the bottom, through the cracks and fractures. This government has become so corrupt and full of people trying to control, rather than serve, the American people, that the real heroes through history’s lens will be those who help destroy it.
  
  This SEALs needs to be held up as an example of honor and honesty among those who have betrayed our trust and are waging a war against our individual freedoms. They have obviously forgotten that they are OUR employees.
  
  Report this comment
Stephen Markovich
Posted on August 30, 2012 at 11:31pm
Hey Pentagon: kiss our asses

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- v15
  Posted on August 31, 2012 at 12:12am
  Read on Drudge that “Pentagon expected to force SEAL to forgo all Book royalties…”
  
  He or someone should set up a site where people can just donate money to this guy and his family – but still not use his real name (even though it’s been exposed). If some old lady can make half a million off of donations because she was bullied on the school bus, then surely Americans can get behind this SEAL cuz the government is taking a **** on him!
  
  Report this comment
- slugo
  Posted on August 31, 2012 at 12:37am
  I AGREE and if they do go after this SEAL we should stand up for HIM like they did for the lady on the bus with all those little brats…the American PEOPLE SHOULD SCREAM AND HOLLER AND FIGHT OFF THIS ATTACK FOR THIS SEAL……………….what are they so afraid of??? we know the dang truth…………..because they are all liars and jerks I StAND with the SEAL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
  
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- Jenny Lind
  Posted on August 31, 2012 at 7:16am
  I’m in.
  
  Report this comment
bauffhammer
Posted on August 30, 2012 at 11:26pm
as the words of sarah palin, november cant come soon enough

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- pdw
  Posted on August 31, 2012 at 1:00am
  If they go against the Navy Seal then they should have also go after Obama as he is responsible for allowing Classified information to be leaked to the public in the first place. That should nullify any agreement as they have already broken their agreement and they are suppose to be the highest order in the land?????
  
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needmoinfo
Posted on August 30, 2012 at 11:10pm
You have government leaders in Washington using top secret information that could bring down our country and cause the deaths of military and civilians beyond our wildest imaginations. For ad campaigns. Self aggrandizement. For bragging rights.
When the press ran down G W Bush saying there were no weapons of mass destruction in Iraq he just took it. Iraq had all the time in the world to move those weapons and did. A huge amount of yellow cake was found and kept secret until it could be moved out of the country. Because it was paramount that it not be recovered by the enemy. And to this day, G W B still keeping the secrets of just how bad it was. Compare that to the present administration.

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- Stephen Markovich
  Posted on August 30, 2012 at 11:32pm
  Thank you!
  
  Report this comment
- pamela kay
  Posted on August 31, 2012 at 4:22am
  NEEDMOINFO, You rock, great post!
  
  Report this comment
- yoshiusa
  Posted on August 31, 2012 at 11:22pm
  Amen…you are so right!
  
  Report this comment
bikerdogred1
Posted on August 30, 2012 at 10:30pm
When Romney wins he should go after all the back stabbing kiss ass generals in the pentagon.I believe the seal,who do you believe.

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- hagar
  Posted on August 30, 2012 at 11:31pm
  I second the motion they need to clean house especially the ones that pushed all the PC crap and write the ROE
  
  Report this comment
- slugo
  Posted on August 31, 2012 at 12:39am
  I believe the seal and will defend him from the idiots in barry obama’s white house
  
  Report this comment
nathanoc
Posted on August 30, 2012 at 10:06pm
So the Obama administration can give filmmakers secret access to bin Laden raid information, including the identity of a SEAL Team 6 leader to make a movie for a key part of his re-election strategy. Then a seal writes a book to set the record straight about the raid, and he’s the one to get in trouble.

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- pamela kay
  Posted on August 30, 2012 at 10:27pm
  Yup, that about sums it up. NATHANOC, you put in plain and simple terms, why even the sheeple might understand it. Now whether they would believe it or not is another story.
  
  Report this comment
- Walkabout
  Posted on August 30, 2012 at 10:40pm
  Exactly
  
  Report this comment
- midwesthippie
  Posted on August 31, 2012 at 9:32am
  …government military complex…no matter who is in the whitehouse…as much as we would like to be pro military (for the sake of those who have served) the pentagon and the DOD are corrupt and collusive with the FEDGOV…audit the fed and the pentagon…
  
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v15
Posted on August 30, 2012 at 9:59pm
“SEAL Team 6″ was supposed to be a secret but Obama announced it to the world. His administration and the pentagon then briefed the elites in Hollywood. Fox news gave out the actual SEAL’s name. The government and the media gave them up and they lied about how the raid went down. “SEAL Team 6″ is probably a household name throughout the world thanks the Obama Administration. God forbid an ex-member of the group set the record straight.

I can’t imagine the frustration of the military having to stay silent while their leaders lie about them.

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- needmoinfo
  Posted on August 30, 2012 at 10:49pm
  The cat was out of the bag before the book. Demand an accounting from Obama and see to it that our military is not stabbed in the back again. Temper justice with mercy for the book writer. I know some example must be made for the sake of the future. But arrogant politicians who don’t have a clue or don’t have a scruple to endanger our military and country to total destruction must be punished. They are the loose cannons. How are you going to fix that? What example can you make to enlighten these dangerous idiots?
  
  Report this comment
- Stephen Markovich
  Posted on August 30, 2012 at 11:37pm
  “to remain silent when we should protest makes cowards of us all…”
  
  Report this comment
jamestoms
Posted on August 30, 2012 at 9:44pm
Always said the Top Brass had no balls, Obama got to them cowards, mere butt sniffers, show your true colors, what an obvious back stabing bunch of namby pambies, Sarge said it best!

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Amazingoly
Posted on August 30, 2012 at 9:43pm
No surprise, now lets charge the White House for leaking classified information to the media and motion picture industry.

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- pamela kay
  Posted on August 30, 2012 at 10:28pm
  Amen to that!
  
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wianno94
Posted on August 30, 2012 at 9:36pm
Publish the book and make them hang it all out in court.

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banjarmon
Posted on August 30, 2012 at 9:31pm
Who do I TRUST….BHO or the SEAL???? Answer…..THE SEAL….FINAL ANSWER!!!

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momrules
Posted on August 30, 2012 at 9:27pm
Typical. The leaky White House must have placed another order. Never, never let someone tell the truth when a Hollywood movie is due out soon telling the public the *truth* ( gag me) that Obama wants us to hear.
The dialogue for the movie must have been a cinch to write……I,I,I,I, me,me,,me

I can’t wait to read this book and God bless all of our brave combat soldiers. Serving under this Commander in Chief must be hell.

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75cents
Posted on August 30, 2012 at 9:23pm
Things that go Bump in the night!
EWhile others run ,hide , posture they are Summer Soldiers & Sunshine Patriots They talk bravely!!!
Thank God there are men & women who handle these threats
Then there is you eh ! Who question brave warriors who allow you to be an Idiot!

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nobull14
Posted on August 30, 2012 at 9:22pm
Because He told the truth ?. something the white house never heard of. Oturd does not know how to tell the truth. !!!!

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Snowleopard {gallery of cat folks}
Posted on August 30, 2012 at 9:17pm
So for now we have the Pentagon threatening the author with legal action?

If he has clearly and emphatically violated the law of the nation, then let the courts settle the matter in regards to the book. Somehow I still say there is more going on with the book and with other matters tied into it and the author than meets the eye.

Its just a feeling, but its one of those gut checks that tells you “listen well to what I am telling you.”

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Chromo200
Posted on August 30, 2012 at 9:16pm
He should take refuge in the equadorian embassy. I though there was a rule and protection for whistle blowers

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bree001
Posted on August 30, 2012 at 9:14pm
So it’s okay for Obama to breach security and give away top secret info, but no one else.

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Chinishque
Posted on August 30, 2012 at 9:13pm
If he is in material breach…wouldn’t the Whitehouse be as well?

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- yougottabekidding
  Posted on August 30, 2012 at 9:24pm
  If he is in “material breech” that must mean it’s true
  Now I know I’m getting it!
  
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- Chinishque
  Posted on August 30, 2012 at 9:56pm
  So what does that say about Obama’s version of the nights events?
  
  Report this comment
cassandra
Posted on August 30, 2012 at 9:12pm
but it’s OK fdor obama to bring the muslim brotherhood into the WH ????????????????????????/ I think HE is ignoring his oath of office

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Polarized America
Posted on August 30, 2012 at 9:09pm
The guy lives in Alaska and knows a thing or two about survival, catch me if you can suckers

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kickagrandma
Posted on August 30, 2012 at 9:04pm
I bet “they” do. The ones threatening the censure are the very ones who should lose their jobs!

GOD BLESS AMERICA.
GOD BLESS HIS KIDS wherever we are.
GOD, THANK YOU FOR UNCOVERING all the lies and the liars.

In JESUS’ MIGHTY AND HOLY NAME!

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- Sharon Rose
  Posted on August 30, 2012 at 9:13pm
  Amen~~
  
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face.chewer
Posted on August 30, 2012 at 9:03pm
Isn’t it time we give the top special op missions to a different branch of the military? The Navy Seals seem to really have low morale, not only the guy who wrote the book but the guys who made the video. Time to put the seals behind a desk shuffling paperwork and let a different branch of the military handle the top secret missions.

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- DesertPaine
  Posted on August 30, 2012 at 9:10pm
  Sorry, Face.Chewer. That is about the dumbest comment I’ve seen here in a long time.
  
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- kickagrandma
  Posted on August 30, 2012 at 9:13pm
  Time to turn the NAVY SEALS loose, my friend.
  
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- RJJinGadsden
  Posted on August 30, 2012 at 9:18pm
  Time for somebody in a high position to stop telling the world just what the SEALs keep doing, that is supposed to be Top Secret.
  
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- Darmok and Jalad at Tanagra
  Posted on August 30, 2012 at 9:23pm
  Let’s give the mission to ACORN, they seem to destroy everything they touch.
  
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- obamapoop
  Posted on August 30, 2012 at 9:51pm
  Actually thats dumb for many reasons not least of which is that many different branches special operators work and train together. Army and Marine snipers often work with seal teams and Delta force. BTW, the president and his joint chiefs called for the mission so don’t kill the messenger for doing his task.
  
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TelepromoterNChief
Posted on August 30, 2012 at 9:03pm
Pentagon, consider your OWN integrity first.

Someone is lying.

Either the SEAL or YOU.

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RJJinGadsden
Posted on August 30, 2012 at 9:02pm
So, just who did not foresee this coming?

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Darmok and Jalad at Tanagra
Posted on August 30, 2012 at 9:01pm
That’s smart, let’s threaten the guy who took out Bin Laden with a piece of paper. I would hate to be the guy trying to serve him.

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- Snowleopard {gallery of cat folks}
  Posted on August 30, 2012 at 9:19pm
  @Darmok:
  
  As the man is a former SEAL, I doubt he would be the kind to kill the messanger. Now, stuff the guy in the trunk of his car and drive it back to the Pentagon; possibly.
  
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- Darmok and Jalad at Tanagra
  Posted on August 30, 2012 at 9:38pm
  I suppose he wouldn’t hit too many speed bumps hard on his way to deliver the messanger, back to the Pentagon. I bet he would even cut an Air Hole for him.
  
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