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Pentagon Threatens Legal Action Against SEAL Author Pentagon Threatens Legal Action Against SEAL Author
(35 minutes later)
WASHINGTON — The Pentagon on Friday threatened legal action against the former member of the Navy SEALs who has written a first-person account of the raid that killed Osama bin Laden, but stopped short of calling on his publisher, Penguin, to stop or delay the release of the book next week. WASHINGTON — The Pentagon on Friday threatened legal action against the former member of the Navy SEALs who has written a first-person account of the raid that killed Osama bin Laden, but the author’s lawyer and the book’s publisher, Penguin, said they were proceeding with publication on Sept. 4.
The Pentagon press secretary, George Little, told reporters in a briefing on Friday that the book’s author, Matt Bissonnette, was “in material breach of nondisclosure agreements he signed with the U.S. government” to not disclose classified information and to submit his book to the Pentagon for review. The Pentagon press secretary, George Little, told reporters in a briefing on Friday that the book’s author, Matt Bissonnette, was “in material breach of nondisclosure agreements he signed with the U.S. government” to not reveal classified information and to submit his book to the Pentagon for review.
Mr. Little said the Pentagon was “reviewing all options” against Mr. Bissonnette, but he would not specify what those options might be and repeatedly declined to say whether the Pentagon had determined if there was classified information in the book. Mr. Bissonnette did not submit his book to the Pentagon for review.Mr. Little said the Pentagon was “reviewing all options” against Mr. Bissonnette, but he would not specify what those options might be and repeatedly declined to say whether the Pentagon had determined if there was classified information in the book. Mr. Bissonnette did not submit his book to the Pentagon for review.
Neither Mr. Bissonnette nor Penguin commented Friday morning on the Pentagon’s threats. Mr. Bissonnette’s lawyer, Robert D. Luskin, responded in a letter to the Pentagon that the author, who wrote under the pseudonym Mark Owen, had “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.”
Mr. Bissonnette, 36, using the pseudonym Mark Owen, wrote the book, “No Easy Day,” with a co-author, Kevin Maurer. Fox News identified Mr. Bissonnette as the author last week, and the Defense Department and military officials later confirmed his identity. His service record shows that he has been awarded five Bronze Stars and a Purple Heart. “He remains confident that he has faithfully fulfilled his duty,” Mr. Luskin wrote in the letter, a copy of which was obtained by The New York Times.
Mr. Little’s comments followed a letter sent to Mr. Bissonnette through Penguin late on Thursday in which Jeh C. Johnson, the Pentagon’s general counsel, told Mr. Bissonnette that he was in “material breach” of two nondisclosure agreements he signed in 2007. The letter also said that the book was not subject to the nondisclosure agreement that the Defense Department said was violated.
That agreement applied only to “specially identified Special Access Programs” that did not include the subject matter of the book, Mr. Luskin wrote.
“Mr. Owen is proud of his service and respectful of his obligations,” the letter said. “But he has earned the right to tell his story.”
Mr. Luskin represented Karl Rove when Mr. Rove, then a top adviser to President George W. Bush, was under investigation for his role in the leak of the name of Valerie Plame Wilson, a former undercover operative for the Central Intelligence Agency. After months of maneuvering between Mr. Luskin and the prosecutor in the case, Patrick Fitzgerald, Mr. Luskin announced in June 2006 that no charges against Mr. Rove would be filed.
Mr. Bissonnette, 36, wrote the book, “No Easy Day,” with a co-author, Kevin Maurer. Fox News identified Mr. Bissonnette as the author last week, which the Defense Department and military officials later confirmed. His service record shows that he has been awarded five Bronze Stars and a Purple Heart.
Mr. Little’s comments at the Pentagon on Friday followed a letter sent to Mr. Bissonnette through Penguin late on Thursday in which Jeh C. Johnson, the Pentagon’s general counsel, told Mr. Bissonnette that he was in “material breach” of two nondisclosure agreements he signed in 2007.
Mr. Johnson wrote to Mr. Bissonnette that the Pentagon “is considering pursuing against you, and all those acting in concert with you, all remedies legally available to us.”Mr. Johnson wrote to Mr. Bissonnette that the Pentagon “is considering pursuing against you, and all those acting in concert with you, all remedies legally available to us.”
It is unclear whether Pentagon officials will pursue legal action against a decorated veteran who participated in what is considered one of the most successful military and intelligence operations in recent history, or whether they are simply hoping the threats will persuade him and Penguin to delay release of the book and allow them to vet it first. It is unclear whether Pentagon officials will avidly pursue legal action against a decorated veteran who participated in what is considered one of the most successful military and intelligence operations in recent history, or whether they were simply hoping the threats will persuade him and Penguin to delay release of the book and allow them to vet it first. At the least, the threats might dissuade other veterans from being tempted to write similar books.
Penguin has an extensive publicity campaign planned for the book, whose advance sales have already pushed it to the top of best-seller lists. Penguin is printing 575,000 hardcover copies, placing “No Easy Day” among the biggest publications of the year. Many bookstores have already received their shipments, and for the last several days, news organizations have purchased copies that have appeared on shelves early.
“At this time, we see no reason to change our plans,” Christine Ball, a spokeswoman for Penguin, said on Friday in an e-mail.
Dutton, the imprint of Penguin that acquired the book, moved up publication to Sept. 4 from Sept. 11, saying that it was “important to put ‘No Easy Day’ on sale and let the book speak for itself.”
The author has said that he will donate most of the proceeds to charities benefiting Navy SEALs.

Elisabeth Bumiller reported from Washington, and Julie Bosman from New York.