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Could author of bin Laden raid tell-all be prosecuted?

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    Legal panel weighs in on the case

  • Duration 6:20
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Kelly -- back in session on the docket today the tell all book from a former member of the navy's seal team six which took out Osama bin Laden.

As we told you earlier the book is set to be released on September 11.

It is said to be an insider account of the raid that killed bin Laden.

And it is co authored by one of the first men through the door of the terror leader's hideout.

He was there.

When bin Laden was killed.

Federal authorities say they did not know anything about this book until they heard about it in press reports and now they're concerned about what's in it.

And whether any classified information is about to get out.

And there are questions.

That the navy seal who wrote it could potentially be prosecuted.

The book is called no easy day the first hand account of the mission that killed Osama bin -- Joining me now mark backlash former prosecutor now defense attorney.

Joey Jackson former prosecutor now defense attorney.

And what has this caught and they caught the attention of some in Washington because -- this isn't some -- This guy was there.

He was on the helicopter he was at the compound and he was in the room apparently when bin Laden was killed one of the leaders of the mission.

A navy seal.

Who has decided to tell his story with out running it by.

The DOD.

Which as I see it and you tell me Joey seems.

Blatantly.

With all the respect of his navy seal Whitney contrary to the DO dean -- I'll absolutely you know it's very surprising Megan because you would think just based upon the culture of the Navy SEALs and all they do to protect and -- -- to -- that they would be that culture it's such that information be protected and privileged at all cost to the fact that a book is coming out in this regard is somewhat troubling.

It's further troubling when you look -- statutes right federal laws that guard against this you can look at the Espionage Act that talks about protecting classified information such that it's not distribute to the general public.

And you could look at other acts like the intelligence.

Act which speaks to identifying Covert officers not to be clear and to be fair we know what's going to be released on 9/11.

We don't know precisely what it says however if there -- information in there which is overly sensitive that involves national security and if other people who Wear Navy SEALs are otherwise identified not necessarily by -- -- -- but -- concerning that it represents a.

You want students to use pseudonyms yeah for his own name yes but the but the deal deregulation market which I have here.

Seems to be that even former employees and non active duty members and he's now retired I retired personnel.

Quote shall use the DOD security review process to ensure that information they submit for public release.

Does not compromise national security now he got somebody else -- was publisher to do it.

That publisher says it was vetted by a former special ops attorney but that is not the same in that as what the regulation requires.

I agree that it's not a good idea.

Personally it doesn't sit well with me at all but I would defend his right legally to do so you know what Joey says is spot on however there's a lot of -- in what Joey is saying and that's if they revealed national security secrets if they identify confidential and sources or informants.

I have to believe that Kevin Moore who has written four books for the CIA and pentagon calls a well respected journalist that's the -- hasn't.

As you know that he's met with plenty of attorneys over the last four books and he knows that he would be a co conspirator in this if he releases sensitive information he -- do something like that so while I understand why everybody's concerned.

I think it's much ado about nothing.

Bob what ultimately respected Kevin and whoever he ran the book by -- Susan isn't the Department of Defense wants its old people to review.

Books that military personnel want to right.

And there needs to be some uniformity in the standards applied is that a defense for these guys to say.

-- -- -- about Aaron pat and I have no problem let it.

No it has not been as much as we think that lawyers like that that information and make decisions -- draw conclusions as to whether it's appropriate to release of the general public as you mentioned meg and as a certain protocol.

Now we have that protocol the uniformity purpose is to ensure that the information that's -- out there does not violate national security interest is the reason we don't want national security interest released.

Because other Navy SEALs and other military officials could be put in jeopardy and in danger and so it represents a severe problem that this was not vetted by the Department of Defense or other -- -- agencies such that the information released.

Could be suitable for public.

And so because now let's now we we may have if if the administration chooses not to go after -- that have to do it too did the department justice.

If they choose not to go after him does it set a dangerous precedent because.

He may have a lot of viewers out there who are assuming this is not going to be a flattering book on the administration -- the -- decided not to go to the administration.

As he was a posted to publish it so maybe they like that because maybe they don't like this administration well what happens in the next administration -- -- it's a Republican president and it's a different guy you know.

There's a reason we have a precedent supposed to apply.

There were all administrations market and you know our ideas there DOJ -- setting a dangerous precedent if it doesn't go after him.

No I don't think so listen I again I concede that if he was my client came to me originally I'd say run it by them but maybe has his reasons.

Again -- -- a -- he feels perhaps confident that what he's got in there doesn't violate any of the rules and he's not going to the pokey anytime soon.

And so what a wonderful way to create a controversy create a -- which then raises more money and by the way the money's not going to him.

It's to help families of fallen Navy SEALs so what a wonderful.

-- while the other thing is this guy -- according the reports got a stellar history he's done an enormous amount for this country and he's a hero jelly.

I mean the DOJ -- -- hero.

Mega -- all can be true but we don't want additional fallen heroes as a result of information that's released that shouldn't be out there furthermore if there's a confidence in the information and it's not offensive then that it and haven't taken to the process like it should have been taken it wasn't and that -- home so I gotta lean it back I anticipate our are -- they have so much and a humane what -- -- -- --

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