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Pentagon Threatens Legal Action Against SEAL Author Pentagon Threatens Legal Action Against SEAL Author
(about 2 hours 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 the author’s lawyer and the book’s publisher, Penguin, said they were proceeding with publication on Sept. 4.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 reveal 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.
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’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.”
“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.“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.
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.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. 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 C.I.A. 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. 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 C.I.A. 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. 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. 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.”
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 past 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 Friday in an e-mail.

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

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