Here is the only "statement of facts" that I have:

(posted at PS by Team Sergeant - from 2 Feb 2008 Army Times at 2nd url below)

Fury said that, as required by the agreement he signed when he left the unit and retired, he sent Delta a copy of his manuscript for security review.

“They came up with a list of redactions of items they thought ought to be taken out,” he said. “I told them I would honor every one of those. However, they were never ever given to me.”

Delta’s higher headquarters apparently intervened, according to Fury. “It’s not Delta’s fault,” he said. “It’s their higher command – JSOC and SOCOM have the say. And they … collectively decided not to provide me with any detailed redactions after a year of trying through my attorney.”

“All I got back was responses [reminding me of] my commitment to the classified information agreement that I signed … [and] basically threatening to possibly take me to court over this.”

Fury said that after SOCOM “stifled it,” he sent the manuscript to the Defense Department’s Office of Security Review.

“OSR failed to respond in any timely manner at all, after numerous requests from my attorney.

“The comment that SOCOM made was that the sensitive information was so thoroughly woven into the manuscript that any attempt at detailed redaction would be literally impossible. They chose not to do it.”

“We did receive a manuscript from [the author] for security review,” said SOCOM spokesman Army Col. Hans Bush. “The manuscript did not pass security review because it was found to contain classified information. We notified [the author] through his lawyer last fall. To date this remains unresolved. “We are still willing to work with the author in the even he resubmits a manuscript that does not contain classified information.”
http://www.professionalsoldiers.com/...ghlight=dalton
http://www.armytimes.com/news/2008/0..._book_080131w/

The Ishmael Jones book, and the CIA PRB's refusal to clear it, has been discussed here.

http://council.smallwarsjournal.com/...ead.php?t=5832

The agency's PRB review process is well regulated and subject to judicial review - sometimes in favor of authors, sometimes not (as in Frank Snepp's case).

The Fury process has multiple commands involved; and, I have no idea (no legal research done or intended) of whether judicial review is available or not. Since the Army has regulations for most everything, I presume there is some legal guidance somewhere - but I arz a dummy in this legal area.

The Jones and Fury books were both rejected for the same reason stated - " sensitive information was so thoroughly woven into the manuscript that any attempt at detailed redaction would be literally impossible." Both books were then published despite the rejection.

So far, no legal action has been taken in either case. Note: I am not calling for legal action in either case - just sitting on the sidelines watching.