FAS has obtained the letter from the DoD to “Mark Owen” (pdf) the pseudonym of the Navy SEAL author whose book about the bin Laden mission is due out next week.
The letter says that “Owen” (whose real identity was first leaked by Fox News) is in “material breach and violation” of the NDAs he signed, even though he is retired from the military.
Whether he would really be prosecuted however is another story. His fellow SEALS may be liking him much right now, but it would be poor “optics” for the Obama administration to prosecute him, especially if the book is critical of the administration. (In the published excerpts the author both says that the raid was a good call by the administration, and notes that Obama is not well liked by the SEALs.)