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Mark Zaid on CNN

Started by Sardo Numspar,

26 posts in this topic

esquirecomics

esquirecomics

Posted
Posted

Thanks for the post Josh!!

 

I haven't been able to find the video of my appearance but here is the uncorrected transcript:

 

BURNETT: And now to the controversy surrounding the release of a new book by a former Navy SEAL. He was the second man in during the raid to take down Osama bin Laden. It's called "No Easy Day" -- a firsthand account of the mission to kill bin Laden written by Mark Owen. That's a pseudonym. His real name is Matt Bissonnette.

 

Just four days before the book's release, he faces charges possible criminal charges though for violating non-disclosure agreements with the U.S. military and for failing to have the book reviewed by the U.S. government. According to the Department of Defense, the former Navy SEAL has a continuing obligation to, quote, "never divulge classified information". And this remains enforce even after leaving the military.

 

Mark Zaid is a national security attorney who has hired many cases like this one. He is OUTFRONT tonight.

 

(INAUDIBLE) Mark. I appreciate it.

 

So, let's just start off with he signed these agreements that he can't ever divulge classified information. And now that the Pentagon was saying, look, we're considering legal action against this man. We think that he did something wrong. What could they charge him with?

 

MARK ZAID, NATIONAL SECURITY ATTORNEY: Well, they have a few things they could charge him with. One, they can seek a civil suit against him for breach of contract. Essentially that he failed to submit the book for prepublication. That would subject him, if they're correct, to civil penalties like seizure of his royalties or his advance.

 

And then if it is determined that he disclosed classified information, he could be subjected to criminal penalties and a sentence in jail.

 

BURNETT: So, he could actually have to serve jail time?

 

ZAID: Yes.

 

BURNETT: I mean, any sense from precedent if it were to get to that how long?

 

ZAID: Well, there's never been a prior case where an individual who wrote a book was sentenced to jail. There have been leaked prosecutions of course.

 

And, 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. 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. Years in jail each time.

 

BURNETT: Well, that's very interesting. OK. That's fascinating. You talk about this book. 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. This is not just any book. This is a topic a lot people are very, very curious about.

 

So what extra pressure does that put on the U.S. government, Mark?

 

ZAID: Well, tremendous. 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. The fact is the book's been out and obviously media has copies of it. So it would be too difficult to put the genie back in the bottle. BURNETT: Right.

 

ZAID: But anyway, the publisher has really ratcheted this up. 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.

 

So practically speaking, there's not even any time for the government to do anything.

 

BURNETT: And, look, some people might say this is pretty disgusting. 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.

 

But other people might say, no, what's wrong with what he did, after all, the president gave details of what happened in the raid. Right? It's his version where he said Osama bin Laden was reaching for a gun and that's why they shot him. 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. But I guess what I'm asking is, the president said that so maybe the Pentagon doesn't have a case against this guy.

 

ZAID: Well, Erin, there's actually nothing wrong with this Navy SEAL writing a book. 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. He has a First Amendment right to write, to write unclassified information. But not classified.

 

And we're going to find out soon enough whether or not there's classified information in the book. And if there is, that may subject him, as I said, to criminal penalties. And I think that the U.S. government is even contemplating possibly going after the publisher itself for facilitating the disclosure of national defense or classified information or soliciting the transfer of classified information which will be a strong chilling message to everyone in the media including CNN not to disclose classified information.

 

BURNETT: It certainly would. And, of course, the publisher on this case for those who are curious is Penguin.

 

Thanks very much, Mark. A your time.

 

ZAID: Thank you.

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esquirecomics

esquirecomics

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Just on the quite, Mark is my unofficial official lawyer - he gives me advice on loose women, schools me in the art of wine drinking, and bails me out whenever I get busted for being hopped up on goofballs :gossip:

 

It is the dream job. I even get paid with comic books!! :banana:

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red rocks-migration

red rocks-migration

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Well what is classified info? Is it classified info how the SEALs go up stairs, so now Al Qaida knows how to prepare next time? I mean the government can really shut this guy up and punish Penguin if they want. And it looks like they do from the government announcing they think its classified info.

 

And a jury may agree, maybe it isnt such a hot idea to talk about how SEAL's do their operations.

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