Mr Zaid's comments come after a letter released by the Pentagon revealed that the US Department of Defence was considering legal action against anyone "acting in concert" with the author of the book "No Easy Day"
The lawyer, who has represented a variety of former military and intelligence officials in disclosure and leak cases, said the letter illustrated that the Department of Defence's legal strategy included the possibility of action against publishers Dutton, an imprint of Penguin Group (USA).
"To me, that is telegraphing the possibility that the Justice Department is considering going after the publisher, perhaps with criminal penalties for facilitating if not soliciting or encouraging the disclosure of national defence or classified information," he said.
The letter, addressed to "Mark Owen," the pseudonym under which the book was written, primarily identified two separate non-disclosure agreements the author signed with the Navy that legally committed him to never divulge classified information, which is a crime.
Mr Zaid said the rights of the SEAL are based on what the exact language of the confidentiality agreements the author signed were.
"If this Navy SEAL has within his secrecy agreements, and this may be subject to dispute, a requirement for prepublication review the mere fact that he did not subject the book would be a persay breach of contract violation and in that sense it would be a slam dunk.
"If there is a factual discrepancy to whether the agreement applies or not that may change the equation.
But if there is an explicit requirement and he failed to submit that's the end of the story," he said.
US officials said last week they were surprised by the book, which was not vetted by government agencies to ensure that no secrets were revealed.
