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But not classified.Īnd we're going to find out soon enough whether or not there's classified information in the book.

He has a First Amendment right to write, to write unclassified information. The fact is, though he didn't submit it for prepublication review and give the government the opportunity to determine if this classified information in it.

ZAID: Well, Erin, there's actually nothing wrong with this Navy SEAL writing a book. But I guess what I'm asking is, the president said that so maybe the Pentagon doesn't have a case against this guy. Obviously, in this book, the SEAL actually refutes that and said they didn't know whether he was armed or not, they had no idea. Right? It's his version where he said Osama bin Laden was reaching for a gun and that's why they shot him. You come back, all these other guys are on your team and they don't do this and you want to get rich and you go and put a pseudonym and write a book and don't get it reviewed.īut other people might say, no, what's wrong with what he did, after all, the president gave details of what happened in the raid. So practically speaking, there's not even any time for the government to do anything.īURNETT: And, look, some people might say this is pretty disgusting. Not only increased the number of print run from 300,000 to 400,000, but expedited the publication date from the 11th to the 4th. ZAID: But anyway, the publisher has really ratcheted this up. So it would be too difficult to put the genie back in the bottle. The fact is the book's been out and obviously media has copies of it. Now, if anyone remembers back to the Pentagon papers case 40 years ago and the thought of could the government stop publication of the book? The legal standard is just too high. So what extra pressure does that put on the U.S. This is a topic a lot people are very, very curious about. I want everyone to understand, not only is the book coming out Tuesday, but on the Amazon, it is already the number one best seller in the United States. Years in jail each time.īURNETT: Well, that's very interesting. But if this SEAL goes on television as he is with "60 Minutes", but any other interview after, if he repeats the classified information, each successive time will subject him potentially to increased criminal penalties. There have been leaked prosecutions of course.Īnd, you know, the case isn't over yet because it's not just going to be the book that's about to be published on Tuesday. ZAID: Well, there's never been a prior case where an individual who wrote a book was sentenced to jail. That would subject him, if they're correct, to civil penalties like seizure of his royalties or his advance.Īnd then if it is determined that he disclosed classified information, he could be subjected to criminal penalties and a sentence in jail.īURNETT: So, he could actually have to serve jail time?īURNETT: I mean, any sense from precedent if it were to get to that how long? Essentially that he failed to submit the book for prepublication. One, they can seek a civil suit against him for breach of contract. MARK ZAID, NATIONAL SECURITY ATTORNEY: Well, they have a few things they could charge him with. And now that the Pentagon was saying, look, we're considering legal action against this man. So, let's just start off with he signed these agreements that he can't ever divulge classified information. Mark Zaid is a national security attorney who has hired many cases like this one. And this remains enforce even after leaving the military. According to the Department of Defense, the former Navy SEAL has a continuing obligation to, quote, "never divulge classified information". military and for failing to have the book reviewed by the U.S.

Just four days before the book's release, he faces charges possible criminal charges though for violating non-disclosure agreements with the U.S. It's called "No Easy Day" - a firsthand account of the mission to kill bin Laden written by Mark Owen. He was the second man in during the raid to take down Osama bin Laden. I haven't been able to find the video of my appearance but here is the uncorrected transcript:īURNETT: And now to the controversy surrounding the release of a new book by a former Navy SEAL.