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#2932420 - 09/04/12 10:20 PM "No easy day"
Fordman
12 Point


Registered: 08/06/00
Posts: 5868
Loc: Rockvale,tn

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http://www.huffingtonpost.com/2012/09/04/no-easy-day-pentagon_n_1855783.html

Just bought and read the entire thing tonight..... all I can say is its a really good read.

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#2932495 - 09/05/12 12:29 AM Re: "No easy day" [Re: Fordman]
moondawg
16 Point


Registered: 06/19/02
Posts: 19245
Loc: Millington, TN

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I plan on getting this book.
_________________________
Don't look down, BE down!--Turkeyburd (Prevous 2012)

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#2932754 - 09/05/12 09:23 AM Re: "No easy day" [Re: moondawg]
BMan
16 Point


Registered: 02/06/06
Posts: 10509
Loc: Middle TN

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You should see the character assassination reviews on Amazon. The libtards are terrified this book will go big.

I don't believe in anyone releasing classified information; I still honor my NDA and believe everyone else should too. However, it's a bit disingenuous for the government to get PO'd about this book, when they've been leaking secrets like crazy to puff up the zerO.
_________________________
Rules are for people who lose fights.

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#2932904 - 09/05/12 11:44 AM Re: "No easy day" [Re: BMan]
moondawg
16 Point


Registered: 06/19/02
Posts: 19245
Loc: Millington, TN

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The question remains that did he break a code of silence in publishing this book? Did he talk about things he should'nt have? Maybe, maybe not. It's a difficult call. As a member of the armed forces (a Navy Seal), perhaps he should have remained neutral regarding politics. If he's no longer in it, that's different; he's no longer under the COC. But then, he also has freedom of speech to state his beliefs...why not, everyone else does. Why should he be an exception? He has certainly earned it, and defended everyone else's.

No matter how you slice it, this book is sure to step on some toes. I plan on getting it.
_________________________
Don't look down, BE down!--Turkeyburd (Prevous 2012)

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#2932910 - 09/05/12 11:51 AM Re: "No easy day" [Re: moondawg]
Redfred16
8 Point


Registered: 01/22/12
Posts: 1410
Loc: Hartland, WI

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Just ordered it and am waiting for it to download to my Kindle. I honor my NDA also, but till they point out what parts of it break his NDA I don't think he has. Right now it just sounds like some brass is pissed they got caught lying.
_________________________
Packer Fan back in Packer Country

"Recon Ready"
Airborne and Air Assault Blood Wings Worn Here

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#2933040 - 09/05/12 02:32 PM Re: "No easy day" [Re: Redfred16]
TOW
10 Point


Registered: 06/29/05
Posts: 4245
Loc: Back 40

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The questions is...

How does this book conflict with the movie coming out that will be playting up what a great fire fight is was..The producer was given all kinds of classified data to produce the movie..

http://articles.chicagotribune.com/2012-...elow-film-osama

http://www.guardian.co.uk/film/2012/aug/29/film-bin-laden-killing-helped-obama

_________________________
HUNT-INDIANA

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#2933510 - 09/05/12 08:35 PM Re: "No easy day" [Re: TOW]
waynesworld
8 Point


Registered: 05/13/12
Posts: 1471
Loc: Mboro, Tennessee

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I think that is o's big problem is if they try to prosecute him before the election the movie may get dragged into the courts
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#2933667 - 09/05/12 10:22 PM Re: "No easy day" [Re: waynesworld]
pass-thru
10 Point


Registered: 10/10/04
Posts: 3603
Loc: va beach

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A non-disclosure agreement is a civil matter. Unauthorized disclousre of classified information is a criminal matter, punishable under both federal law and the UCMJ.

And it is a huge problem. Lots of "memoirs" disclose classified information. You won't necessarily hear about it because it is similarly a breach of classified information to identify a leak as such.

A retired General that breaches classified information could be recalled to active duty and prosecuted under the UCMJ. But that would not be the natural course...he should be prosecuted in federal court. That doesn't happen because it is a PR nightmare and federal prosecutors won't touch it. Pretty sad, huh?

This guy cannot be recalled to active duty and tried under the UCMJ because he is not retired and there is no jurisdiction to do so. And no federal prosecutor will be willing to touch it. So that leaves a civil case about non-disclosure agreement.

I think there a bunch of special ops warriors that are not much happy about some of the publicity stunts of late. Absent the civil case this guy will definately walk away with millions.

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#2933727 - 09/06/12 12:05 AM Re: "No easy day" [Re: pass-thru]
Bambi Buster
14 Point


Registered: 01/29/04
Posts: 8523
Loc: Middle Tennessee

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 Originally Posted By: pass-thru
A non-disclosure agreement is a civil matter. Unauthorized disclousre of classified information is a criminal matter, punishable under both federal law and the UCMJ.

And it is a huge problem. Lots of "memoirs" disclose classified information. You won't necessarily hear about it because it is similarly a breach of classified information to identify a leak as such.

A retired General that breaches classified information could be recalled to active duty and prosecuted under the UCMJ. But that would not be the natural course...he should be prosecuted in federal court. That doesn't happen because it is a PR nightmare and federal prosecutors won't touch it. Pretty sad, huh?

This guy cannot be recalled to active duty and tried under the UCMJ because he is not retired and there is no jurisdiction to do so. And no federal prosecutor will be willing to touch it.
So that leaves a civil case about non-disclosure agreement.

And I presume Federal civil prosecutors would be equally unwilling to pusue it as well. (?)

I think there a bunch of special ops warriors that are not much happy about some of the publicity stunts of late. Absent the civil case this guy will definately walk away with millions.
_________________________
"The American military is like a finely crafted sword. To be effective, it must be wielded by a discerning, skilled and merciless hand."

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#2933887 - 09/06/12 08:26 AM Re: "No easy day" [Re: Bambi Buster]
pass-thru
10 Point


Registered: 10/10/04
Posts: 3603
Loc: va beach

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My guess is that they would be more likely to pursue but it is far from a certainty. The chance of conviction in a criminal case against this particular guy is about zero.
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#2934112 - 09/06/12 12:07 PM Re: "No easy day" [Re: pass-thru]
BMan
16 Point


Registered: 02/06/06
Posts: 10509
Loc: Middle TN

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 Originally Posted By: pass-thru
A non-disclosure agreement is a civil matter. Unauthorized disclousre of classified information is a criminal matter, punishable under both federal law and the UCMJ.

And it is a huge problem. Lots of "memoirs" disclose classified information. You won't necessarily hear about it because it is similarly a breach of classified information to identify a leak as such.

A retired General that breaches classified information could be recalled to active duty and prosecuted under the UCMJ. But that would not be the natural course...he should be prosecuted in federal court. That doesn't happen because it is a PR nightmare and federal prosecutors won't touch it. Pretty sad, huh?

This guy cannot be recalled to active duty and tried under the UCMJ because he is not retired and there is no jurisdiction to do so. And no federal prosecutor will be willing to touch it. So that leaves a civil case about non-disclosure agreement.

I think there a bunch of special ops warriors that are not much happy about some of the publicity stunts of late. Absent the civil case this guy will definately walk away with millions.

While I note the difficulties you mention in your argument, the fact of the matter is that violating an NDA is still a criminal matter. Just because a prosecutor doesn't have the guts to do his/her job doesn't change the facts. In fact, spill enough beans and you WILL be prosecuted, and court cases can be held behind locked doors if the material to be discussed is sufficiently harmful to national security. Just the cost of defending yourself in an NDA matter that never makes it to court will financially ruin most people.

I don't have a copy of my NDA in front of me, but a copy of the generic Form 312 can be found at http://www.archives.gov/isoo/security-forms/sf312.pdf. Note paragraph 4, that specifically notes "I have been advised that any unauthorized disclosure of classified information by me may constitute a violation, or violations, of United States criminal laws... I recognize that nothing in this Agreement constitutes a waiver by the United States of the right to prosecute me for any statutory violation."

And bear in mind the 312 is a MINIMAL NDA; many of us also signed additional NDAs with specific government agencies that go far and above this one, including (in my case) prepublication review of ANYTHING I want to publish, be it a magazine article, book, whatever - for life.

On another note, I wonder if they've changed the prepublication review part to anticipate blogs and message boards? That would be interesting to find out...
_________________________
Rules are for people who lose fights.

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#2934452 - 09/06/12 04:45 PM Re: "No easy day" [Re: BMan]
348Winchester
6 Point


Registered: 08/13/12
Posts: 918
Loc: Coon Creek

Offline
Why would you sign anything like that?
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#2934469 - 09/06/12 04:57 PM Re: "No easy day" [Re: 348Winchester]
44fanatic
12 Point


Registered: 01/01/08
Posts: 6126
Loc: Clarksville, Montgomery Cnty

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 Originally Posted By: 348Winchester
Why would you sign anything like that?


Becuase you have HAD access to classified information...Im not sure what the recourse is if you refuse to sign it when you no longer have a need to that information, but I am sure that if in the military, the UCMJ would be involved. I signed mine without having any issues. Something that I often did when PCSing from one duty station to another.

NDAs (Non-Disclosure Agreement) are standard for anyone who has had a clearance or been granted access to classified or otherwise protected information. Criminally punishable if you violate them.

Plan on reading the book and make my own judgement as to what is going on.
_________________________
Bill

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#2934499 - 09/06/12 05:40 PM Re: "No easy day" [Re: 44fanatic]
BMan
16 Point


Registered: 02/06/06
Posts: 10509
Loc: Middle TN

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 Originally Posted By: 44fanatic
 Originally Posted By: 348Winchester
Why would you sign anything like that?


Becuase you have HAD access to classified information...Im not sure what the recourse is if you refuse to sign it when you no longer have a need to that information, but I am sure that if in the military, the UCMJ would be involved. I signed mine without having any issues. Something that I often did when PCSing from one duty station to another.

NDAs (Non-Disclosure Agreement) are standard for anyone who has had a clearance or been granted access to classified or otherwise protected information. Criminally punishable if you violate them.

Exactly.

You normally sign the same NDA twice: the first time when being granted access (or "read on") to classified material, and the second time when access is being removed (or "read off"). If you have any of a number of compartments tied to you, you get to sign an NDA for each one.

You can refuse to sign the first time; if so, your clearance evaporates and your career in that arena is pretty much shot. Can you refuse the second one? Don't know anyone that did but, if you refused, I'm pretty sure they'll just remind you that you're already on the hook.
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Rules are for people who lose fights.

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