If this did not have the tacit approval of the DoD and administration, this author would be looking at prison time.
Especially if his name has been revealed. And actually, the DOD would be able to figure out who wrote it anyway, just based on who was there. Have to wait and see how it goes, but this looks fishy to me.
Obama is already credited with writing a book (of now-known lies) that somebody else wrote. Now it’s his turn to write a book of lies that somebody else claims to have written.
Unless the authors are either suicidal or else know that the military leadership will cover their back on this, this book will say exactly what Obama wants people to believe.
NDA applies to Confidential, Secret and Top Secret, as well as EEFI — you promise to keep secret the secrets you know.
As long as no EEFI or compromise of classified data was revealed, then no foul. This is especially true if open source information is out there to demonstrate the info was already released. . .like the leaks from the WH. And he did have a former SOF lawyer do a review. I am also sure he ran the book past Team members for their take on compromising sensitive data/info, as their LIVES are at stake.
Approval to write a book after retirement is not necessary, strictly speaking. The review is to officially get a reading on questions of classified information.
Retired officers and enlisted write and get published letters to the editor all the time. They also write books (”Nickel on the Grass” by Col Phil “Hands” Handly, for ex), and don't run it by the DOD for approval. They also appear on TV as commentators and they never obtain approval.
If classified or EEFI is compromised then they would be in trouble. . .hence the review. If on active duty, then they MUST do the review, regardless.
But other than that, no real risk at all.
Reply #44
Even if this “SEAL” who wrote this book has left active duty, there’s no doubt he signed a non-disclosure agreement (SF-312) upon discharge.
If this did not have the tacit approval of the DoD and administration, this author would be looking at prison time.
http://www.archives.gov/isoo/security-forms/sf312.pdf
Text of Form SF-312:
CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT
AN AGREEMENT BETWEEN (Name of Individual - Printed or typed) AND THE UNITED STATES
1. Intending to be legally bound, I hereby accept the obligations contained in this Agreement in consideration of my being granted access to classified information. As used in this Agreement, classified information is marked or unmarked classified information, including oral communications, that is classified under the standards of Executive Order 12958, or under any other Executive order or statute that prohibits the unauthorized disclosure of information in the interest of national security; and unclassified information that meets the standards for classification and is in the process of a classification determination as provided in Sections 1.2, 1.3, and 1.4(e) of Executive Order 12958, or under any other Executive order or statute that requires protection for such information in the interest of national security. I understand and accept that by being granted access to classified information, special confidence and trust shall be placed in me by the United States Government.
2. I hereby acknowledge that I have received a security indoctrination concerning the nature and protection of classified information, including the procedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this information have been approved for access to it, and that I understand these procedures.
3. I have been advised that the unauthorized disclosure, unauthorized retention, or negligent handling of classified information by me could cause damage or irreparable injury to the United States or could be used to advantage by a foreign nation. I hereby agree that I will never divulge classified information to anyone unless: (a) I have officially verified that the recipient has been properly authorized by the United States Government to receive it; or (b) I have been given prior written notice of authorization from the United States Government Department or Agency (hereinafter Department or Agency) responsible for the classification of the information or last granting me a security clearance that such disclosure is permitted. I understand that if I am uncertain about the classification status of information, I am required to confirm from an authorized official that the information is unclassified before I may disclose it, except to a person as provided in (a) or (b), above. I further understand that I am obligated to comply with laws and regulations that prohibit the unauthorized disclosure of classified information.
4. I have been advised that any breach of this Agreement may result in the termination of any security clearances I hold; removal from any position of special confidence and trust requiring such clearances; or the termination of my employment or other relationships with the Departments or Agencies that granted my security clearance or clearances. In addition, I have been advised that any unauthorized disclosure of classified information by me may constitute a violation, or violations, of United States criminal laws, including the provisions of Sections 641, 793, 794, 798, *952 and 1924, Title 18, United States Code, * the provisions of Section 783(b), Title 50, United States Code, and the provisions of the Intelligence Identities Protection Act of 1982. I recognize that nothing in this Agreement constitutes a waiver by the United States of the right to prosecute me for any statutory violation.
5. I hereby assign to the United States Government all royalties, remunerations, and emoluments that have resulted, will result or may result from any disclosure, publication, or revelation of classified information not consistent with the terms of this Agreement.
6. I understand that the United States Government may seek any remedy available to it to enforce this Agreement including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement.
7. I understand that all classified information to which I have access or may obtain access by signing this Agreement is now and will remain the property of, or under the control of the United States Government unless and until otherwise determined by an authorized official or final ruling of a court of law. I agree that I shall return all classified materials which have, or may come into my possession or for which I am responsible because of such access: (a) upon demand by an authorized representative of the United States Government; (b) upon the conclusion of my employment or other relationship with the Department or Agency that last granted me a security clearance or that provided me access to classified information; or (c) upon the conclusion of my employment or other relationship that requires access to classified information. If I do not return such materials upon request, I understand that this may be a violation of Section 793 and/or 1924, Title 18, United States Code, a United States criminal law.
8. Unless and until I am released in writing by an authorized representative of the United States Government, I understand that all conditions and obligations imposed upon me by this Agreement apply during the time I am granted access to classified information, and at all times thereafter.
9. Each provision of this Agreement is severable. If a court should find any provision of this Agreement to be unenforceable, all other provisions of this Agreement shall remain in full force and effect.
(Continue on reverse.)
10. These restrictions are consistent with and do not supersede, conflict with or otherwise alter the employee obligations, rights or liabilities created by Executive Order 12958; Section 7211 of Title 5, United States Code (governing disclosures to Congress); Section 1034 of Title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military): Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that expose confidential Government agents), and the statutes which protect against disclosure that may compromise the national security, including Sections 641, 793, 794, 798, 952 and 1924 of Title 18, United States Code, and Section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. Section 783(b)). The definitions, requirements, obligations, rights, sanctions and liabilities created by said Executive Order and listed statutes are incorporated into this Agreement and are controlling.
11. I have read this Agreement carefully and my questions, if any, have been answered. I acknowledge that the briefing officer has made available to me the Executive Order and statutes referenced in this Agreement and its implementing regulation (32 CFR Section 2003.20) so that I may read them at this time, if I so choose.
THE EXECUTION OF THIS AGREEMENT WAS WITNESSED BY THE UNDERSIGNED.
SIGNATURE | DATE
NAME AND ADDRESS (Type or print)
THE UNDERSIGNED ACCEPTED THIS AGREEMENT ON BEHALF OF THE UNITED STATES GOVERNMENT.
SIGNATURE | DATE
NAME AND ADDRESS (Type or print)
I reaffirm that the provisions of the espionage laws, other federal criminal laws and executive orders applicable to the safeguarding of classified information have been made available to me; that I have returned all classified information in my custody; that I will not communicate or transmit classified information to any unauthorized person or organization; that I will promptly report to the Federal Bureau of Investigation any attempt by an unauthorized person to solicit classified information, and that I (have) (have not) (strike out inappropriate word or words) received a security debriefing.
SIGNATURE OF EMPLOYEE | DATE
NAME OF WITNESS (Type or print) | SIGNATURE OF WITNESS
STANDARD FORM 312 (Rev. 1-00)
Prescribed by NARA/ISOO
32 CFR 2003, E.O. 12958
Here’s the thing I can’t stop thinking: Barack Obama couldn’t even hold a job that required him to sign this form and yet he’s Commander in Chief. Sad.