Navy SEAL Author Rejects the Pentagon's Legal Threat

[candlegal]

Former Navy SEAL Matt Bissonnette is going to tell his version of events surrounding the death of Osama bin Laden, even if the Pentagon sues him for every last penny. 

Last night, the Defense Department's top attorney wrote a letter to Bissonnette threatening to use "all remedies legally available" against him for the publication of No Easy Day, his firsthand account of the mission to kill bin Laden in Pakistan. "You are in material breach and violation of the nondisclosure agreements you signed," wrote Pentagon general counsel Jeh Charles Johnson. The letter hinted at a criminal prosecution of Bissonnete for disclosing classified information and threatened to seize the royalties from his book and go after his publisher Dutton, an imprint of Penguin Group. In a written response, a lawyer representing Bissonnette denied his client breached his nondisclosure agreement in a letter to the Pentagon. (The letter, obtained by The Atlantic Wire, refers to Bissonnette under his pen name Mark Owen.)

"Mr. Owen 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," wrote Robert D. Luskin, an attorney at D.C. lobbying behemoth Patton Boggs. "Mr. Owen is proud of his service and respectful of his obligations. But he has earned the right to tell his story."

According to the letter, the nondisclosure agreement signed by Bissonnette when he was a SEAL only applied to "specially identified Special Access Programs" and not missions such as the May 1, 2011 raid. 

That's an argument that may come as a surprise to some legal experts, who considered the Pentagon's case against Bissonnette a "slam dunk" given his failure to submit his book for pre-publication review. Attorney Scott Hodes, an expert in government secrecy issues, tells The Atlantic Wire that Bissonnette's lawyer appears to be looking out for the interests of Bissonnette's publisher. "I think this is the position of someone defending a publisher who is publishing a book that may have classified information in it," said Hodes. Bradley Moss, a Washington-based national security attorney, also expressed concern that Bissonnette is in over his head:

Bradley P. Moss, Esq @BradMossEsq

Mr. Owens, respectfully, your lawyer is failing you and doesn't know how this works. #NDA's are written broadly. tinyurl.com/9pktkms

31 Aug 12

For a fuller look at the serious legal ramifications facing Bissonnette see our earlier report here. I've posted the entire letter from Bissonnette's attorney below:

click here to see letter

[TheStepMonster]

No he did not earn the right to tell his story. As the member of the armed forces, and as a member of the most covert special force in the country, dare I say world he lost that right.

[LauraKW]

I was wondering about the possible military / criminal repercussions. Forget the money, didn't he release classified information? Dude is in trouble...

[tooptimistic]

I don't think he should have written the book. I wonder if the outrage is because it makes Obama look pretty bad. It was a kill on site mission. I am pretty sure the Obama administration said something very different.

[mikiemom]

As he will soon be sitting in a Jail cell being charged with treason - good luck with that rejection.

[mikiemom]

I guess I'm not too shocked that so called patriots are ok with a dude releasing classified information if they think it will get a black man out of the office of President.

[LauraKW]

Way.

Quoting mikiemom:

As he will soon be sitting in a Jail cell being charged with treason - good luck with that rejection.

[EireLass]

Although I don't defend what he's done, as it puts too many others in jeopardy, as well as his wife and 2 little kids....I understand his reason why. He left (retired) the SEALS right after the mission when he was Top Dog. There wasn't a 'coming down' period really. How do you then adjust to normal civilian life? Such an immediate stop? You don't. This was his way of remaining in the limelight.

Everyone talks about the Vets recieving council after they're out. If they don't seek it, dont' think they need it, obviously they don't recieve it.

[Euphoric]

 It was a very stupid thing to do.

[LoriKeet]

As we all know, freedom of speech, does not exclude one from the repercussions of said speech.  I am certain he has weighed all of the pros and cons of his tell all book, and has decided that the pros outweigh the cons.  He is willing to sacrifice what he believes in for the bettermeant of this country that he has fought to serve and protect.

It is NOT to "get a black man out of office!"  UGH!!

It's because of THIS:

But I wouldn't expect the Obama Momma crowd to understand!

[pvtjokerus]

I need to follow up on this and do my research.  However, I believe it is going to get interesting.....