The Lie

Behind the
Lie Detector
4th digital edition
by George W. Maschke
and Gino J. Scalabrini
AntiPolygraph.org
The Lie Behind the Lie Detector
The Lie Behind the Lie Detector
by
George W. Maschke
and
Gino J. Scalabrini
AntiPolygraph.org
4th digital edition
Published by AntiPolygraph.org
© :ooo, :oo:, :oo,, :oo- by George W. Maschke and Gino J. Scalabrini.
All rights reserved. This digital edition is free for non-commercial
distribution and use, provided that it is not altered.
Typeset by George W. Maschke
Contents
Acknowledgments............................................................................ 13
Foreword.......................................................................................... 14
Introduction..................................................................................... 15
1 On the Validity of Polygraphy.................................................. 18
Polygraph Screening ........................................................... 22
False Positives and the Base Rate Problem........................ 24
Specific-Issue “Testing” ...................................................... 25
The National Academy of Sciences Report........................ 26
2 On Polygraph Policy ................................................................. 30
Doesn’t the Government Know? ........................................30
The Joint Security Commission Report............................. 33
The Aldrich H. Ames Espionage Case................................ 35
The CIA’s Reaction to the Ames Case................................ 39
Pre-Ames Polygraph Failures ............................................. 42
The FBI Reacts..................................................................... 43
The FBI Reacts…Again....................................................... 45
The Department of Energy Polygraph Program............... 48
On the DOE False Positive Rate ......................................... 50
On the DOE False Negative Rate........................................51
The Case of Wen Ho Lee..................................................... 52
The Department of Defense Polygraph Program.............. 58
The Case of Petty Officer Daniel M. King.......................... 60
The Marine Embassy Guard Scandal ................................. 63
8 the lie behind the lie detector
Other Agencies .................................................................... 65
If They Know Polygraphy Is Unreliable,
Why Do They Rely on It?.............................................. 65
Polygrapher Bias.................................................................. 71
Inflation/Fabrication of Admissions.................................. 72
The Case of David A. Tenenbaum...................................... 75
Predetermined Outcomes ................................................... 79
False Confessions and the Case of Abdallah Higazy .........80
How Can They Be So Blind? ............................................... 82
A Modest Proposal .............................................................. 83
Summary.............................................................................. 84
3 Polygraphy Exposed.................................................................. 86
The “Pre-Test” Interview.................................................... 87
The “Stim Test”................................................................... 89
Reviewing the “Test” Questions......................................... 92
CIA Applicants Beware! ...................................................... 92
Question Types.................................................................... 94
Relevant Questions.............................................................. 94
The “Sacrifice” Relevant Question..................................... 96
“Control” Questions........................................................... 97
Probable-Lie “Control” Questions..................................... 97
Directed-Lie “Control” Questions ................................... 101
Hypothetical “Control” Questions .................................. 105
Concealed “Control” Questions....................................... 105
contents u
Irrelevant Questions.......................................................... 106
Symptomatic Questions.................................................... 107
The “In-Test” (Polygraph) Phase..................................... 107
Chart Scoring..................................................................... 108
The “Post-Test” Interrogation ......................................... 112
Accusations of Deception to “Control” Questions ......... 115
Note to Federal Law Enforcement Applicants................. 115
Other Polygraph Formats ................................................. 116
4 Polygraph Countermeasures .................................................. 121
Just Say No......................................................................... 121
A Special Note to FBI Applicants ..................................... 122
If You Are Suspected of a Crime ...................................... 122
Complete Honesty............................................................. 124
Polygraph Countermeasures:
How to Pass a Polygraph “Test” ................................ 127
Two Types of Countermeasures....................................... 127
Make No Admissions ........................................................ 128
…And Sign No Statements............................................... 128
Polygraph “Tests” are Interrogations .............................. 129
Recognizing Common Interrogation Tactics .................. 129
Make a Good First Impression......................................... 132
Arrive Early to Avoid Being Late...................................... 132
A Warning to U.S. Secret Service Applicants .................. 132
Remember, You Are Being Watched ............................... 132
Io the lie behind the lie detector
The “Pre-Test” Interview.................................................. 133
How Polygraphers May Expect
Truthful Subjects to Behave ....................................... 134
How Polygraphers May Expect
Deceptive Subjects to Behave..................................... 135
Mind Games ...................................................................... 137
More Smoke and Mirrors ................................................. 138
“So What Do You Know About Polygraph Testing?”..... 138
Tips for Identifying “Control” Questions ....................... 140
Ambiguity in “Control” Questions.................................. 142
“Read” the Polygrapher .................................................... 143
A Final Tip on Identifying “Control” Questions ............ 144
Want to Get Anything Off Your Chest? No!.................... 145
Chart-Recording Manipulations ...................................... 145
Breathing Countermeasures............................................. 145
Cardio/Electrodermal Countermeasures......................... 148
What About the Anal Sphincter Contraction? ................ 149
Countermeasures and the “Stim Test” ............................ 150
Practice Makes Perfect ...................................................... 150
What About the Relevant Questions? .............................. 150
Countermeasures and the Relevant/Irrelevant “Test”.... 151
It’s Not Over Till It’s Over................................................ 151
To Explain or Not to Explain
Responses to Relevant Questions............................... 151
contents II
Which Question Bothered You the Most? ....................... 153
Don’t Stay for a “Post-Test” Interrogation ..................... 154
A Note to CIA and NSA Applicants ................................. 155
Can’t Polygraphers Detect Countermeasures?................ 156
Polygraph Counter-countermeasures.............................. 157
What If I’m Accused of Employing Countermeasures?.. 159
An Anecdote ...................................................................... 161
Keep Notes!........................................................................ 163
5 Grievance Procedures.............................................................. 164
Start Keeping Records....................................................... 164
Write a Letter of Protest ................................................... 165
Report Abusive Behavior .................................................. 166
File a Privacy Act Request................................................. 167
Write Your Elected Representatives................................. 171
Investigate Legal Action.................................................... 171
Post Your Experience on the Internet.............................. 172
Afterword....................................................................................... 173
Appendix A: Law Enforcement Pre-Employment “Test” ........... 175
Appendix B: Modified General Question “Test”......................... 177
Appendix C: Zone Comparison “Test” ........................................ 179
Appendix D: Sample Privacy Act Request Letter......................... 182
Appendix E: Comprehensive Employee
Polygraph Protection Act........................................................ 183
Appendix F: Minnesota Polygraph Statute.................................. 195
I: the lie behind the lie detector
Appendix G: Polygraph Countermeasure Review....................... 197
Bibliography................................................................................... 200
Acknowledgments
We are grateful to all those who graciously read and commented
on drafts of the first edition of this book. Professor John J. Furedy
of the University of Toronto provided much welcomed criticism of
the chapter on the validity of polygraphy. Professors William G.
Iacono and David T. Lykken of the University of Minnesota provided
important comments on our chapter on polygraph countermeasures.
We thank former FBI Special Agent Mark E. Mallah for his useful
insights throughout the writing of this book, and we are indebted
to Bill Roche for his helpful suggestions. We are especially grateful
to retired FBI Supervisory Special Agent Dr. Drew C. Richardson
for his suggestions regarding the second edition of this book. We
are also grateful to all those reviewers who have requested to remain
anonymous. This is a better book for their commentary and criticism.
Finally, we wish to thank the many people who have contacted us
to share information about their experiences.
We, the authors, remain responsible for the contents of this book
and any errors herein.
Foreword
We wrote this short book to call public attention to the dangers of
polygraphy and to protect the innocent from polygraph abuse.
Because of our government’s reliance on this pseudoscientific
procedure, thousands of truthful persons have been falsely accused
of deception and suffered serious adverse consequences. On the
other hand, deceptive persons can easily defeat polygraph “tests”
through countermeasures, as did convicted spy Aldrich H. Ames.
We hope that this book will help to stimulate informed public
debate about polygraph policy and hasten the day when our
government comes to its senses and ends its reliance on this latter-day
trial by ordeal. Our reliance on unreliable polygraphy is
undermining—not strengthening—our national security. Society
does not need to find an accurate lie detector (it may never happen)
before getting rid of a bogus one. Polygraphy must be abolished.
We are distributing this book in electronic format free of charge
in order to reach the broadest audience possible. We didn’t write
this book to make money. We only ask that you tell others about
this book if you find it informative and useful.
This book is formatted for double-sided printing, and we encourage
you to print out as many copies as you like to share with your
family, friends, and colleagues.
We view this book as a work in progress and plan to release
updated editions as new information warrants. Check
AntiPolygraph.org for the latest edition.
Contact us to learn how you can help to put an end to polygraphy.
We welcome your comments by e-mail at the addresses below. If
you wish to protect the privacy of your correspondence, e-mail us
for our PGP public keys.
George W. Maschke Gino J. Scalabrini
maschke@antipolygraph.org scalabrini@antipolygraph.org
Introduction
To the rulers of the state then, if to any, it belongs of right to use
falsehood to deceive either enemies or their own citizens for the good of
the state: and no one else may meddle with this privilege.
—Plato
Truth will out!
—Old English saying
In this book, you will learn the little-known truth about polygraphy.
You will learn:
• that polygraphy is not science (p. I8 ff.);
• that polygraphy, like phrenology and graphology, is without
scientific validity (p.I8 ff.);
• that our Government’s reliance on unreliable polygraphy
serves to protect spies, undermining—not enhancing—our nation-
al security (p. ,- ff.);
• that polygraph “tests” are actually interrogations (pp. :o,
I:u ff.);
• that polygraphy depends on your polygrapher lying to and
deceiving you (p. 8o ff.);
• the simplistic method by which your polygrapher decides
whether you are truthful or deceptive (p. u8 ff.);
• that polygraphy is biased against the truthful (p. uu);
• that polygraph “testing” can be (and has been) easily defeated
through countermeasures (p. ::);
• how to protect yourself against a false positive outcome (p.
I:I ff);
• how to recognize interrogation tactics and not be fooled by
them (p. II: and p. I:u ff.);
• what to do if you have been falsely accused (p. Ioa ff.);
Io the lie behind the lie detector
• how you can help put an end to polygraph abuse (p. I,I ff.);
• where to learn more about polygraphy (p. :oo ff.).
If you face an upcoming polygraph “test” and need to learn what to
expect as quickly as possible, you may wish to proceed directly to
Chapters , and a (p. 8o ff.) and come back to Chapters I, : and -
later.
Every year, thousands of law-abiding Americans submit to poly-
graphic interrogation. And every year, hundreds—if not thou-
sands—are falsely accused based on polygraph chart readings and
are routinely denied due process.
Those subjected to polygraphic interrogation include employees
of, and applicants for employment with:
• federal, state, and local law enforcement agencies, including
the FBI, DEA, and U.S. Secret Service (applicants for state and
local law enforcement agencies probably comprise the largest pop-
ulation subjected to pre-employment polygraph screening);
• fire departments (many firefighters and paramedics are sub-
jected to polygraph screening);
• national intelligence agencies, including CIA, NSA, DIA, and
NRO;
• the U.S. Army, Navy, Air Force, and Marine Corps;
• the U.S. Department of Energy.
While the Iu88 Employee Polygraph Protection Act banned the use
of polygraphy by most of the private sector, our Government ex-
empted itself. Some industries, such as armored car companies,
also received exemptions.
We care deeply about our country and our communities. In writing
this book, our purpose is to help protect the innocent from polygraph
abuse and to help strengthen our collective security by exposing
waste, fraud, and abuse.
We believe that our Government should not, through the polygraph
screening process, lie to and deceive its employees and those seeking
introduction I,
employment. We believe that Government should not determine
the trustworthiness of its employees based on a pseudoscientific
procedure that fundamentally depends on trickery, is biased against
the truthful, and yet may be easily defeated by deceptive persons
who employ countermeasures.
States should adopt the Minnesota polygraph statute (AppendixF),
which prohibits all polygraph “testing” of employees or prospective
employees, as a model. And Congress must broaden the Iu88 Em-
ployee Polygraph Protection Act to provide protection for all Amer-
icans (Appendix E).
Discover now the lie behind the lie detector.
chapter one
On the Validity of Polygraphy
When we lie, our blood pressure goes up, our heart beats faster, we
breathe more quickly (and our breathing slows once the lie has been
told), and changes take place in our skin moisture. A polygraph charts
these reactions with pens on a moving strip of paper.… The result is
jagged lines that don’t convey a lot to you. But…an examiner can tell
from those mechanical scribbles whether or not you’ve spoken the truth.
—polygrapher Chris Gugas, The Silent Witness, Iu,u
Whoever undertakes to set himself up as judge in the field of truth and
knowledge is shipwrecked by the laughter of the Gods.
—Albert Einstein
Polygraphy is not science. Like its discredited sister disciplines,
phrenology and graphology, it is codified conjecture masquerading
as science. Polygraph “testing” is an unstandardizable procedure
that is fundamentally dependent on trickery. As such, it can have no
scientific validity. The computerization of polygraph chart reading
in recent years has no more made the underlying procedure “scien-
tific” than has the computerization of astrological chart reading.
The polygraph format most widely used in the United States is
commonly known as the “Control Question Test” (CQT). The over-
whelming majority of polygraph examinations administered in the
United States are of this format, and when we speak of “polygraphy”
in this book, we refer to the CQT.
The dirty little secret behind the polygraph “test” is that while the
polygrapher admonishes the examinee to answer all questions truth-
fully, he secretly assumes that denials in response to certain ques-
tions—called “control” questions—will be less than truthful.
An example of a commonly used control question is, “Did you
ever lie to get out of trouble?” The polygrapher steers the examinee
on the validity of polygraphy Iu
into a denial by warning, for example, that anyone who would do
so is the same kind of person who would commit the kind of behavior
that is under investigation and then lie about it. But secretly, it is
assumed that everyone has lied to get out of trouble.
The polygrapher scores the test by comparing physiological re-
sponses (breathing, blood pressure, heart, and perspiration rates)
to these probable-lie control questions with reactions to relevant
questions such as, “Did you ever use an illegal drug?” If the former
reactions are greater, the examinee passes; if the latter are greater,
he fails. If responses to both “control” and relevant questions are
about the same, the result is deemed inconclusive.
The test also includes irrelevant questions such as, “Are the lights
on in this room?” The polygrapher falsely explains that such questions
provide a “baseline for truth.” But in reality, they are not scored at
all! They merely serve as buffers between pairs of relevant and “con-
trol” questions.
I
Perversely, the “test” is biased against the truthful, because the
more honestly one answers the “control” questions, and as a conse-
quence feels less stress when answering them, the more likely one is
to fail. Conversely, liars can beat the test by covertly augmenting
their physiological reactions to the “control” questions. This can be
done, for example, by doing mental arithmetic, thinking exciting
thoughts, or simply biting the side of the tongue. Although polygra-
phers frequently claim they can detect such countermeasures, no
polygrapher has ever demonstrated any ability to do so, and peer-
reviewed research indicates that they can’t.
2
The validity of the CQT has never been scientifically established,
I
We will discuss polygraph procedure in much fuller detail in Chapter ,
(p. 8o ff.).
:
Polygraph countermeasures will be addressed at length in Chapter 4
(p. I:I ff.).
nor can it be: the so-called “Control Question Test” is utterly lacking
:o the lie behind the lie detector
in scientific “control,” and it is not a standardized psychometric
“test” such that its validity might be determined through scientific
experimentation.
Professor John J. Furedy of the University of Toronto (Furedy,
Iuuo) explains regarding the “Control” Question “Test” that
…basic terms like “control” and “test” are used in ways that are
not consistent with normal usage. For experimental psychophys-
iologists, it is the Alice-in-Wonderland usage of the term “control”
that is most salient. There are virtually an infinite number of
dimensions along which the R [relevant] and the so-called “C”
[“control”] items of the CQT could differ. These differences in-
clude such dimensions as time (immediate versus distant past),
potential penalties (imprisonment and a criminal record versus a
bad conscience), and amount of time and attention paid to “de-
veloping” the questions (limited versus extensive). Accordingly,
no logical inference is possible based on the R versus “C” compar-
ison. For those concerned with the more applied issue of evaluating
the accuracy of the CQT procedure, it is the procedure’s in-principle
lack of standardization that is more critical. The fact that the
procedure is not a test, but an unstandardizable interrogatory
interview, means that its accuracy is not empirically, but only
rhetorically, or anecdotally, evaluatable. That is, one can state
accuracy figures only for a given examiner interacting with a given
examinee, because the CQT is a dynamic interview situation rather
than a standardizable and specifiable test. Even the weak assertion
that a certain examiner is highly accurate cannot be supported, as
different examinees alter the dynamic examiner-examinee rela-
tionship that grossly influences each unique and unspecifiable
CQT episode.
As Professor Furedy notes, the CQT is not a standardized “test,”
but an “unstandardizable interrogatory interview.” One consequence
is that the examiner’s subjective opinion may influence the outcome,
as was demonstrated in an experiment that Professor Leonard Saxe
of Brandeis University helped CBS “oo Minutes” design (Saxe, IuuI):
In Iu8o, I was privy to a drama staged by the producers of CBS
TV’s news program, “oo Minutes,” that investigated the contro-
on the validity of polygraphy :I
versial use of polygraph tests by private employers. My initiation
into the lie detector conflagration was the unintended outcome
of an assignment from the Congressional Office of Technology
Assessment to examine the validity of polygraph tests…. The “oo
Minutes” staff sought my help as they designed a demonstration
of the use of polygraph tests. What resulted was an elaborate
deception experiment that would have been the envy of Iuoos
social psychologists.
Using CBS-owned Popular Photography magazine as a front,
“oo Minutes” hired several polygraphers to identify the culprit in
an alleged theft. The design was quite sophisticated: CBS randomly
selected four polygraph examiners from the telephone directory
and had each polygrapher examine four employee suspects. The
polygraphers were initially contacted by a manager at the magazine,
who told them that more than $-oo of camera equipment had
been stolen, almost definitely by someone on the inside. The
polygraphers did not know that other examiners had been engaged,
and they conducted their examinations in a Popular Photography
office. Unbeknownst to them, the office had been modified to
enable surreptitious filming. When the polygraphers arrived on-
scene, each was told that although all of the suspects had access
to the camera, one of the four was probably the guilty party. A
different person was “fingered” for each polygrapher.
Not surprising to polygraph critics, each examiner found the
person who had been fingered to be deceptive, and each examiner
tried mightily to get the guilty person to confess. No one, of
course, had stolen anything. The four employees were confederates,
paid $-o if they could convince the polygrapher of their innocence.
With dramatic flair, CBS demonstrated that polygraphers do not
necessarily use psychophysiological information to make their
diagnoses of deception.
Polygraphy is not science. The CQT can have no scientific validity
because it is not a scientific procedure. Yet there are some who
pretend to make a distinction between the scientific validity of the
CQT for security screening purposes as opposed to the investigation
of specific incidents. We will discuss both applications of polygraphy.
:: the lie behind the lie detector
Polygraph Screening
No one in the Federal Bureau of Investigation is more qualified
than retired Supervisory Special Agent Dr. Drew C. Richardson to
render an informed opinion on the scientific validity of polygraph
screening. Dr. Richardson earned a doctorate in physiology from
George Washington Medical Center in IuuI. The NSA funded his
doctoral dissertation research, which related to the use of novel
cardiovascular indices applied to a lie detection task, and he collected
his data at the Department of Defense Polygraph Institute (DoDPI).
Dr. Richardson is a graduate of the DoDPI basic polygraph examin-
er’s course and has worked in the Bureau’s now defunct polygraph
research unit.
Speaking before the United States Senate Committee on the Judi-
ciary’s Subcommittee on Administrative Oversight and the Courts
(Richardson, Iuu,), Dr. Richardson testified:
1. [Polygraph screening] is completely without any theoretical
foundation and has absolutely no validity. Although there is
disagreement amongst scientists about the use of polygraph
testing in criminal matters, there is almost universal agreement
that polygraph screening is completely invalid and should be
stopped. As one of my colleagues frequently says, the diagnostic
value of this type of testing is no more than that of astrology
or tea-leaf reading.
,
2. If this test had any validity (which it does not), both my own
experience, and published scientific research has proven, that
anyone can be taught to beat this type of polygraph exam in
a few minutes.
3. Because of the nature of this type of examination, it would
normally be expected to produce large numbers of false positive
,
The colleague Dr. Richardson refers to here is Professor Furedy. Upon re-
viewing a draft of this book, Dr. Furedy wrote to clarify that his reference is “to
all forms of the North American [‘Control’ Question ‘Test’] polygraph, and not
just the screening use.”
results (falsely accusing an examinee of lying about some
on the validity of polygraphy :,
issue). As a result of the great consequences of doing this
with large numbers of law enforcement and intelligence com-
munity officers, the test has now been manipulated to reduce
false positive results, but consequently has no power to detect
deception in espionage and other national security matters.
Thus, I believe that there is virtually no probability of catching
a spy with the use of polygraph screening techniques. I think
a careful examination of the Aldrich Ames case will reveal
that any shortcomings in the use of the polygraph were not
simply errors on the part of the polygraph examiners involved,
and would not have been eliminated if FBI instead of CIA
polygraphers had conducted these examinations. Instead I
believe this is largely a reflection of the complete lack of validity
of this methodology. To the extent that we place any confidence
in the results of polygraph screening, and as a consequence
shortchange traditional security vetting techniques, I think
our national security is severely jeopardized.
4. Because of the theoretical considerations involving false pos-
itive results and because of anecdotal stories told to me by
self-alleged victims of polygraph screening, I believe that the
Bureau is routinely falsely accusing job applicants of drug
usage or drug dealing. Not only is this result irreparably harm-
ing these individuals, but it is likely denying the Bureau access
to qualified and capable employees. Although these individuals
do not have an inalienable right to Federal Government em-
ployment, they do have an inalienable right to just treatment
by their government.
5. I believe that claims of cost effectiveness, and the utility of
polygraph screening are altogether wrong, reflect misplaced
priorities, and lead to activities that are damaging to individuals
and this country.
Dr. Richardson is not the only scientist to warn that polygraph
screening is without validity. Before his retirement in Iuu-, the late
Dr. William J. Yankee, then DoDPI director, had assembled an
independent scientific advisory board which reviewed and provided
comment on DoDPI’s academic curriculum and intramural research
program. This board was comprised of Drs. John J. Furedy, William
:a the lie behind the lie detector
G. Iacono, Edward S. Katkin, Christopher J. Patrick, and Stephen
W. Porges. It was the consensus of the scientific advisory board
that polygraph security screening is without scientific validity. When
Michael H. Capps succeeded Dr.Yankee as director of DoDPI, he
promptly dismissed the entire scientific advisory board.
Dr. Sheila D. Reed developed and tested the polygraph screening
format adopted by the Department of Defense in Iuu, and the De-
partment of Energy in Iuuu. Her research and her observations of
DoDPI teaching methods led her to the conclusion that polygraph
screening should be stopped. When she voiced this opinion publicly,
DoDPI officials falsely accused her of having lied to the CIA, stripped
her of her security clearance, seized her computer and research
data, relieved her of her duties, and eventually coerced her into
leaving DoDPI.
False Positives and the Base Rate Problem
In Iu8,, the Congressional Office of Technology Assessment (OTA)
published a study on the scientific validity of polygraph “testing”
(Scientific Validity of Polygraph Testing, Iu8,). The OTA report notes
at p. Ioo:
One area of special concern in personnel security screening is the
incorrect identification of innocent persons as deceptive. All other
factors being equal, the low base rates of guilt in screening situations
would lead to high false positive rates, even assuming very high
polygraph validity. For example, a typical polygraph screening
situation might involve a base rate of guilt of one guilty person
(e.g., one person engaging in unauthorized disclosure) out of
I,ooo employees. Assuming that the polygraph is u- percent valid,
then the one guilty person would be identified as deceptive but
so would -o innocent persons. The predictive validity would be
about : percent. Even if uu percent polygraph validity is assumed,
there would still be Io false positives for every correct detection.
The OTA review assumes that a polygraph screening validity rate of
u-% entails that u-% of guilty subjects will be detected. But with an
on the validity of polygraphy :-
extremely low base rate of guilt, as is the case with espionage, such
an assumption is not warranted. If we allow that not more than one
in a thousand persons examined are actually spies, then an accuracy
rate of at least uu.u% can be achieved by simply ignoring the polygraph
charts altogether and peremptorily declaring all examinees innocent.
Of course, the usefulness of such a “test” for catching spies would
be zero. Yet this is essentially how the remarkably high accuracy
rates claimed for some security screening programs (such as those
of the Departments of Defense and Energy) are achieved! The inter-
pretation of polygraph charts is manipulated so that almost everyone
“passes.”
Specific-Issue “Testing”
As Dr. Richardson testified before the Senate Committee on the
Judiciary, “there is almost universal agreement that polygraph screen-
ing is completely invalid and should be stopped.” However, some
researchers, like Professor Charles R. Honts (an opponent of poly-
graph screening), claim that “control” question “tests” are nonethe-
less highly accurate when used in specific-incident investigations.
(The case of the missing hard drives at Los Alamos National Lab-
oratory in the spring of :ooo is an example where polygraphy was
used in the investigation of a specific incident.)
But Professor David T. Lykken, (Lykken, Iuu8, pp. I,,–,o) notes
that as of Iuu8, only four studies purporting to assess the field
validity of the “Control” Question “Test” had passed the muster of
peer review in a scientific journal. Only four. And taken together,
these four studies do not establish that polygraphy operates at above
chance levels in specific-issue “testing.” It should also be noted that
in any event, these four studies could not possibly have established
the validity of the CQT, because, as Professor Furedy has aptly
pointed out, the CQT is not a standardizable and specifiable test
such that its validity might be scientifically established.
:o the lie behind the lie detector
In Iuua, William G. Iacono and David T. Lykken conducted a survey
of opinion of members of the Society for Psychophysiological Re-
search (SPR) (Iacono & Lykken, Iuu,). Members of this scholarly
organization constitute the relevant scientific community for the
evaluation of the validity of polygraphic lie detection. Members of
the SPR were asked, “Would you say that the CQT is based on
scientifically sound psychological principles or theory?” Of the 8a%
of the I8, respondents with an opinion, only ,o% agreed.
Moreover, SPR members were asked whether they agreed with
the statement, “The CQT can be beaten by augmenting one’s response
to the control questions.” Of the uo% of survey respondents with
an opinion, uu% agreed that polygraph “tests” can be beaten.
The National Academy of Sciences Report
In January :oo:, the National Research Council, the research arm
of the National Academy of Sciences, established a Committee to
Review the Scientific Evidence on the Polygraph. Chaired by Dr.
Stephen Fienberg, a professor of statistics at Carnegie-Mellon Uni-
versity, the panel comprised experts in psychology, psychophysiolo-
gy, statistics, systems engineering, mathematics, neurology, signal
detection, and issues concerning science and the law. In addition to
reviewing the published research on polygraphy, the panel also visited
polygraph facilities at a number of government agencies and held a
series of public meetings at which panel members heard presentations
a
The Committee invited AntiPolygraph.org co-founder George W. Maschke,
a coauthor of this book, to make a presentation at the Committee’s second
public meeting, which was held in Washington, D.C. on :, April :ooI. Both
coauthors of this book were present at that meeting. Gino J. Scalabrini was also
present at the public meeting held in Washington, D.C. on I, October :ooI.
from a wide range of speakers.
a
on the validity of polygraphy :,
The Committee published its findings in a report titled The Polygraph
and Lie Detection (National Research Council, :oo,). Regarding the
basic science behind polygraphy, the Committee concluded:
• Almost a century of research in scientific psychology and phys-
iology provides little basis for the expectation that a polygraph
test could have extremely high accuracy (p. :I:);
• The theoretical rationale for the polygraph is quite weak, especially
in terms of differential fear, arousal, or other emotional states
that are triggered in response to relevant or comparison questions
(p. :I,);
• Research on the polygraph has not progressed over time in the
manner of a typical scientific field. It has not accumulated knowl-
edge or strengthened its scientific underpinnings in any significant
manner (p. :I,);
• The inherent ambiguity of the physiological measures used in
the polygraph suggest that further investments in improving poly-
graph technique and interpretation will bring only modest im-
provements in accuracy (p. :I,).
Estimating the accuracy of polygraphy, the Committee concluded:
Notwithstanding the quality of the empirical research and the limited
ability to generalize to real-world settings, we conclude that in pop-
ulations of examinees such as those represented in the polygraph
research literature, untrained in countermeasures, specific-incident
polygraph tests for event-specific investigations can discriminate lying
from truth telling at rates well above chance, though well below
perfection.
Accuracy may be highly variable across situations. The evidence
does not allow any precise quantitative estimate of polygraph
accuracy or provide confidence that accuracy is stable across per-
sonality types, sociodemographic groups, psychological and med-
ical conditions, examiner and examinee expectancies, or ways of
administering the test and selecting questions. In particular, the
evidence does not provide confidence that polygraph accuracy is
robust against potential countermeasures. There is essentially no
evidence on the incremental validity of polygraph testing, that is,
its ability to add predictive value to that which can be achieved
by other methods. (p. :Ia)
:8 the lie behind the lie detector
Some in the polygraph community have attempted to hang their
hat on the first sentence of the above citation to support the claim
that polygraphy “works.” But note that the Committee’s conclusion
that “specific-incident polygraph tests for event-specific investiga-
tions can discriminate lying from truth telling at rates well above
chance” is conditioned upon the subject population being similar
to “those represented in the research literature,” that is, ignorant of
polygraph procedure and countermeasures. Such ignorance cannot
be safely assumed, especially with information on both polygraph
procedure and countermeasures readily available via the Internet.
It follows from the Committee’s conclusion that “the evidence
does not allow any precise quantitative estimate of polygraph ac-
curacy” that software algorithms peddled by polygraph manufactur-
ers such as Axciton and Stoelting that purport to determine with
mathematical precision the probability that a particular individual
is lying or telling the truth are unreliable. And because, as the Com-
mittee concludes, “the evidence does not provide confidence that
polygraph accuracy is robust against potential countermeasures,” it
is not safe to assume that anyone passing a polygraph “test” has
told the truth.
The last sentence of the above-cited passage is the key one with
respect to polygraph validity (as opposed to accuracy): “There is
essentially no evidence on the incremental validity of polygraph
testing, that is, its ability to add predictive value to that which can
be achieved by other methods.” What this means is that there is no
evidence that polygraph “testing” provides greater predictive value
than, say, interrogating a subject without the use of a polygraph, or
with a colander-wired-to-a-photocopier that is represented to the
subject as being a lie detector.
Indeed, in the first chapter of their report, in a subsection titled,
“The Lie Detection Mystique” (pp. I8–:I), the Committee members
compare polygraphy with superstitious lie detection rituals in prim-
on the validity of polygraphy :u
itive societies, likening the polygraph community to a shamanistic
priesthood “keeping its secrets in order to keep its power.”
Retired CIA polygrapher John F. Sullivan was not far from the
mark when he described the scientific status of polygraphy thus
(Sullivan, :oo:):
Polygraph is more art than science, and unless an admission is
obtained, the final determination is frequently what we refer to
as a scientific wild-ass guess (SWAG). (p. I,a)
chapter two
On Polygraph Policy
You can fool some of the people all the time, and all of the people some
of the time, but you cannot fool all of the people all of the time.
—Abraham Lincoln
You can fool too many of the people too much of the time.
—James Thurber
As we have seen, the field validity of polygraphy has not been
established by competent scientific research, nor can it be. The
majority of the relevant scientific community does not believe the
format most widely used by Government—the “Control” Question
“Test”—to be based on scientifically sound psychological principles
or theory. An even greater majority of that relevant scientific com-
munity believes that the “Control” Question “Test” can be beaten
by augmenting one’s response to the “control” questions. And, as
we shall see in Chapter,, such polygraph “testing” is fundamentally
dependent on a fraud: the polygrapher must lie to and deceive the
subject about the nature of the procedure.
Doesn’t the Government Know?
Yes. It does. Or at least it should. On 8 October :oo:, the National
Academy of Sciences made public the results of its :I-month review
of the scientific evidence on the polygraph (National Research Coun-
cil, :oo,). In Chapter One, we discussed their findings with regard
to polygraphy’s lack of scientific underpinnings. With regard to
polygraph policy, the NAS concludes (at p. :Iu):
Polygraph testing yields an unacceptable choice for…employee secu-
rity screening between too many loyal employees falsely judged de-
ceptive and too many major security threats left undetected. Its ac-
curacy in distinguishing actual or potential security violators from
on polygraph policy ,I
innocent test takers is insufficient to justify reliance on its use in
employee security screening in federal agencies.
The NAS report also warns (also at p. :Iu):
Overconfidence in the polygraph—a belief in its accuracy not justified
by the evidence—presents a danger to national security objectives.
But the NAS’s warning has gone unheeded. On - November :oo:,
less than a month after the NAS released its findings, John P. Stenbit,
the Assistant Secretary of Defense for Command, Control, Com-
munications, and Intelligence, circulated a memorandum to senior
Pentagon officials titled “Continued Use of Polygraph Techniques”
in which he recommended continued reliance on polygraphy “as
an important tool in our total decision-making process.” (Stenbit,
:oo:)
In his memo, Stenbit (who, as a member of the National Academy
of Engineering, should have known better) misrepresented the con-
clusions of the NAS report, stating, “As the Department continues
to research alternative technologies in this critical area, I believe it
is important to remember that the National Research Council Report
determined that the polygraph technique is the best tool currently
available to detect deception.” But the report makes no such determi-
nation. It merely notes that “[s]ome potential alternatives to the
polygraph show promise, but none has yet been shown to outperform
the polygraph” (p. :I,). Regarding the performance of the polygraph,
the report notes that “[t]here is essentially no evidence on the incre-
mental validity of polygraph testing, that is, its ability to add predictive
value to that which can be achieved by other methods” (p. :Ia).
The Department of Energy has shared in the Department of De-
fense’s willful blindness, announcing on Ia April :oo, its intention
to disregard the conclusions of the National Academy of Sciences
-
Regarding DOE’s decision, see George W. Maschke’s “Comments on DOE
Notice of Proposed Rulemaking,” available on-line at:
and to retain its polygraph policy without change.
-
,: the lie behind the lie detector
The U.S. Department of Justice has joined the Departments of De-
fense and Energy in choosing to ignore the conclusions of the National
Academy of Sciences. On Ia August :oo,, the DOJ’s Office of the
Inspector General released an unclassified executive summary of its
top secret report, “A Review of the FBI’s Performance in Deterring,
Detecting, and Investigating the Espionage Activities of Robert Philip
Hanssen.” (U.S. Department of Justice, :oo,) Repeatedly noting
that Hanssen was not polygraphed during his :- years of employment
with the Bureau,
o
Inspector General Glenn A. Fine and his staff
include increased reliance on polygraphy among their list of :I rec-
ommendations:
Recommendation No. 12: Random Counterintelligence Poly-
graph Program
The FBI should fully implement a counterintelligence polygraph
program for employees with access to sensitive information and
develop a counterintelligence polygraph program for non-FBI
personnel who are given access to sensitive information.
Recommendation No. 13: Enhanced Security Measures for FBI
Employees with Unusually Broad Access to Sensitive Informa-
tion
The FBI should consider enhanced security measures - for example,
more frequent polygraph examinations…
The NAS report was hardly the government’s first unheeded warning
about the unreliability of polygraphy. As early as Iu,o, the U.S.
House of Representatives Committee on Government Operations
completed a review of polygraph policy (U.S. House of Representa-
http://antipolygraph.org/articles/article-035.shtml
o
See Dr. Drew C. Richardson’s comments to FBI Director Louis J. Freeh on
this point, cited at p. ao.
tives, Iu,o) and concluded:
on polygraph policy ,,
It is the recommendation of the committee that the use of poly-
graphs and similar devices be discontinued by all Government
agencies for all purposes.
But Congress took no action. Seven years later, the OTA report
(Scientific Validity of Polygraph Testing, Iu8,) warned Congress:
OTA recognizes that NSA and CIA believe that the polygraph is a
useful screening tool. However, OTA concluded that the available
research evidence does not establish the scientific validity of the
polygraph for this purpose.
In addition, there is a legitimate concern that the use of polygraph
tests for personnel security screening may be especially susceptible
to: I) countermeasures by persons trained to use physical move-
ment, drugs, or other techniques to avoid detection as deceptive;
and :) false positive errors where innocent persons are incorrectly
identified as deceptive. (p. -)
The OTA’s warning went unheeded. While in Iu88, Congress ratified
and President Ronald Reagan signed into law the Employee Poly-
graph Protection Act (EPPA) prohibiting most polygraph screening
in the private sector, the Act expressly exempted federal, state, and
local government. In the years since the OTA report, the reliance of
Government on polygraphy has grown, rather than diminished,
even as numerous spies have beaten the polygraph.
The Joint Security Commission Report
The Joint Security Commission convened on II June Iuu,. Reporting
to the Director of Central Intelligence and the Secretary of Defense,
the Commission was tasked with developing a new approach to
security in the post-Cold War era, and was directed “to undertake
an objective review of the Federal personnel security screening poly-
graph program to determine how well it works, how it could be
improved, and whether it should be continued.” The Commission
submitted its report (Joint Security Commission, Iuua) some six
months later on :8 February Iuua.
,a the lie behind the lie detector
Regarding the validity of polygraph screening, the Commission notes
in chapter a:
Many polygraph proponents and some research experts believe
that it is unnecessary to study the validity of the polygraph process,
meaning its accuracy in distinguishing truth from deception. They
contend that as long as the polygraph elicits admissions to screen
out unsuitable applicants and actual security risks, questions about
the polygraph’s validity remain academic. However, if the poly-
graph does not have established scientific validity in the screening
arena, judgments about truthfulness based solely on chart inter-
pretation will continue to be controversial. Without established
validity, the process lacks full integrity and appears more like
trickery because information is obtained from subjects under the
pretense that it is in their best interest to be forthright since false
answers will be discovered. Furthermore, arguments could be made
that the polygraph may not have the same effect on a nonbeliever;
that is, unless the validity of the process can be demonstrated,
there is nothing to prevent a practiced deceiver from passing a
polygraph examination. In fact, circumstantial evidence lending
credence to this view was documented by a President’s Foreign
Intelligence Advisory Board study in Iu88.
The Commission was clearly aware that the validity of polygraph
screening has not been established by competent scientific research.
The Commission understood full well that polygraph screening de-
pends on the polygrapher lying to and deceiving the subject. The
Commission also makes it clear that it was aware that innocent
people may be falsely accused, and that guilty people may avoid
detection.
But incredibly, the Joint Security Commission decided to ignore
all of this and to recommend that the polygraph program be retained:
Despite the controversy, after carefully weighing the pros and
cons, the Commission concludes that with appropriate standard-
ization, increased oversight, and training to prevent abuses, the
polygraph program should be retained. In the CIA and the NSA,
the polygraph has evolved to become the single most important
aspect of their employment and personnel security programs.
on polygraph policy ,-
Eliminating its use in these agencies would limit the effectiveness
of security, personnel, and medical officers in forming their adju-
dicative judgments.
The Aldrich H. Ames Espionage Case
On Monday, :IFebruaryIuua—just seven days before the Joint Se-
curity Commission issued its report—the FBI arrested CIA counter-
intelligence officer Aldrich Hazen Ames and charged him with spying
for the former Soviet Union and later, Russia. Since beginning his
betrayal in Iu8-, Ames had passed two CIA polygraph “tests” during
which he falsely denied having committed espionage, first on
:MayIu8o and again on I: and Io AprilIuuI. In Iu88–Iu8u, while
Ames was betraying his country, the CIA’s Office of Security—which
had by that time realized that there was a mole in CIA’s ranks—wasted
a year focusing its attention on an innocent employee who “had
difficulty generally getting through routine polygraph examinations
over the course of his CIA employment.” (U.S. Senate Select Com-
mittee on Intelligence, Iuua)
The above-cited Senate report states that “Ames said he never
received training from the KGB on how to beat the polygraph.” But
DoDPI researcher Dr. Andrew Ryan has directly contradicted this
Senate report. Speaking at the Department of Energy’s public hearing
on polygraph policy at Sandia National Laboratories on
IoSeptemberIuuu (U.S. Department of Energy, Iuuuc), Dr. Ryan
stated:
…What we do know is that people have been successful in the
past in using countermeasures to defeat the polygraph exam. The
Ames case was an example. He was taught by the Soviets how to
defeat our process.… (p. :o of hearing transcript)
The following day, speaking at Los Alamos National Laboratory
(U.S. Department of Energy, Iuuud), Dr. Ryan stated:
…We do acknowledge that there have been cases where we’ve
been defeated by countermeasures.
,o the lie behind the lie detector
I guess one of the most famous ones was the Aldrich Ames case,
by the CIA. It was found he was trained by the Soviets in how to
defeat the polygraph. So we basically had a mole inside the agency
taught how to beat the polygraph, even though he went through
several of them. (p. I-, of hearing transcript)
Revisionists in the counterintelligence community have claimed that
upon close inspection, signs of deception can be found in the charts
of the polygraph examinations that Ames passed. Among them is
Edward J. Curran, who in the aftermath of the Ames case was
seconded from the FBI to direct the CIA’s counterintelligence pro-
gram. (He later moved on to become chief of the Department of
Energy’s Office of Counterintelligence and has since retired.) In an
October, Iuuu Scientific American article, Tim Beardsley writes
(Beardsley, Iuuu):
Asked about the possibility that spies might trick the test by self-
stimulation, Curran says he has “never seen it work yet.” He
hotly denies that the polygraph failed to raise suspicions about
Ames: the polygrapher in that case made errors, Curran maintains,
because subsequent examination of Ames’s polygraph charts shows
evidence of deceptiveness.…
In claiming that he has “never seen [polygraph countermeasures]
work yet,” the Department of Energy’s former chief of counterintel-
ligence was willfully blind. Had he been willing to see, he might
have found enlightenment from Dr. Richardson, formerly of the
FBI laboratory division. We will recall his Senate testimony (previ-
ously cited at p. :,):
…I think a careful examination of the Aldrich Ames case will
reveal that any shortcomings in the use of the polygraph were not
simply errors on the part of the polygraph examiners involved,
and would not have been eliminated if FBI instead of CIA poly-
graphers had conducted these examinations. Instead I believe this
is largely a reflection of the complete lack of validity of this meth-
odology. To the extent that we place any confidence in the results
of polygraph screening, and as a consequence shortchange tradi-
on polygraph policy ,,
tional security vetting techniques, I think our national security is
severely jeopardized.
One psychophysiologist who has requested anonymity discusses in
an unpublished paper the question of whether the polygraph could
have caught Aldrich Ames. Because of the particular importance of
the Ames case, we cite this scientist’s discussion of it in its entirety
(Anonymous, n.d. a):
Could the Polygraph Have Caught Aldrich Ames?
In the wake of the failure of the polygraph to detect CIA double
agent Aldrich Ames, there has been considerable discussion of
what exactly went wrong. Unfortunately, most government leaders
seeking an explanation have not consulted the independent scien-
tific experts on the polygraph, but rather have spoken only to
those who have the most to hide—the polygraphers within the
government. In the absence of any input from scientists who
possess relevant knowledge and do not have a job to protect, the
truth regarding this situation has not been forthcoming.
The fact that Ames failed to exhibit detectable polygraph re-
sponses to a number of specific questions directly bearing on his
crimes is not in dispute. This is a matter of record. What polygra-
phers have often stated, however, is that Ames exhibited tell-tale
responses to some other questions (e.g., financial ones), and that
this should have tipped off the polygrapher or someone in his
chain of command. This contention could not be further from
the truth.
The truth is that many of the questions on CIA screening poly-
graph exams are highly emotionally charged, and many if not
most completely innocent people have trouble with at least some
of the questions. If Ames did indeed respond somewhat to some
of the questions, this would not set him apart from several thousand
other employees who were subjected to polygraph interrogation.…
With :o-:o hindsight, knowing that a polygraph chart belonged
to a spy, a polygrapher could point out difficulties with virtually
any polygraph chart—particularly if his audience did not include
independent scientists competent to evaluate what was being said.
There is a scientific way to detect whether or not the polygraph
might have possibly caught Aldrich Ames. Take the records of
,8 the lie behind the lie detector
the Ioo polygraph interrogations that preceded Ames’, and the
Ioo interrogations that followed Ames’. Remove any identifying
information from the polygraph charts. Give these charts, along
with Ames’ chart, to a panel of the best polygraphers. See if they
can pick out the one spy from the :oo polygraph charts.
Have them rank the charts from most guilty looking to most
innocent.
Even if the polygraph were as high as uo% accurate for screening
(which experts agree that it is not), :o innocent people out of
these :oo cases would have failed the test. Given that Ames passed
the test and did not show responses to several espionage-related
questions, there would be many innocent individuals in such a
test who would look much guiltier than he did.
Given that Ames did not show any tell-tale responses to questions
directly relating to his crimes, even if he did indeed show some
stress responses to some of the other questions, this would put
him somewhere in the middle of the sample. Perhaps ,o to -o
percent of the people would have polygraph results that would
look more guilty than Ames’. Now let us extrapolate this to the
whole Agency. If, say, Io,ooo people took polygraph exams, ,,ooo
to -,ooo of them would look guiltier than Ames on each test.
Even if only Io% looked worse than Ames, this would amount to
I,ooo people. It would not be practical to fire or even to investigate
all of these people.
The situation becomes even more problematical when we take
into account the fact that people are tested repeatedly. (Recall
that Ames passed the polygraph not once but twice while engaging
in espionage.) When people take the test repeatedly, the chances
of falsely being found guilty increase. If ,o% of Agency employees
did worse than Ames did on one test, statistically uu% of the
employees would show a result worse than Ames’ on at least one
test if they were tested every five years over a ,--year career.
What if we assume that the polygraph is as high as uo% accurate,
a figure much higher than what scientific studies and experts
have found? This would mean that only Io% would falsely be
found guilty. These Io% would have results worse than Ames,
who was determined to be truthful. If only Io% of those tested
did worse than Ames on one test, statistically over -o% of employ-
ees would do worse than Ames if tested seven times over a career.…
on polygraph policy ,u
Clearly, the polygraph does not provide information that would
allow the Agency to correctly identify one or a few spies from
amongst thousands of employees.
From these facts it is clear that any contention that the polygraph
might have been successful in detecting Aldrich Ames—if only
the results had been more carefully scrutinized—is sheer nonsense.
In light of the known facts of the Ames case—even if we make
the most favorable assumptions imaginable regarding the accuracy
of the polygraph—any criterion that would have identified Ames
as suspicious would also have implicated at least half of the other
CIA employees over the course of their careers.
The failure of the polygraph in the Ames case came as no surprise
to the scientific experts in the field. As Dr. Charles Honts (IuuI)
(a leading supporter of the use of the polygraph in criminal inves-
tigations—but not in screening) stated, “The problems posed by
the inability of national security screening tests to detect deception
are exacerbated by the demonstrated existence of effective coun-
termeasures. Given that polygraph tests used for screening are
likely to be inaccurate with guilty subjects to begin with, the
existence of effective countermeasures virtually assures that a well-
prepared and determined opponent could achieve nearly a Ioo%
penetration of the national security polygraph screen.”
This statement is in accord with historical fact. Indeed, the
failure of the polygraph in the Ames case was the rule rather than
the exception. According to Robert Gates of the CIA, numerous
double agents, particularly Cubans and East Germans, have passed
the CIA polygraph over the years. What was unusual about Ames
was not that he passed the polygraph, but that he did much more
damage than many other double agents who also passed.
The CIA’s Reaction to the Ames Case
Instead of learning from the OTA’s warning and from the experience
of the Ames case, the CIA responded with a polygraph crackdown.
The threshold for passing was raised, and as a result, CIA polygraphers
falsely accused hundreds of employees of deception. Washington
Post staff writer Vernon Loeb notes in a Io July :ooo article on the
Department of Energy’s polygraph screening program (Loeb, :ooo):
ao the lie behind the lie detector
[Department of Energy counterintelligence chief Edward J.] Cur-
ran acknowledged that “false positives” became a serious issue at
the CIA in the wake of the Aldrich Ames spy scandal when poly-
graphers were reluctant to accept any explanations from employees
who indicated “deception” during their tests, leaving hundreds of
employees unable to pass the test.
Retired CIA case officer Robert Baer provides an eyewitness account
of this polygraph crackdown in his recently published memoirs
(Baer :oo:, pp. :,o–,I):
When I got back to headquarters in August Iuua, I could see how
Ames’s betrayal was playing out. Then director James Woolsey
was turning over the CIA’s counterespionage to the FBI, an act
that would be almost as destructive to the agency as Ames. In
fairness, Woolsey didn’t have much choice. The CIA had screwed
up so badly with Ames that it could no longer be trusted to clean
its own house. Congress was breathing down Woolsey’s neck,
and the press wanted its own pound of flesh. To appease everyone
and atone for our sins, Woolsey turned the CIA over to its worst
enemy in Washington—the FBI. Way back at the beginning of
the cold war, J. Edgar Hoover had wanted to keep all national
security operations, domestic and foreign, under his heavy thumb.
Now it looked like his ghost was about to get its way.
The executioner the FBI picked for the task was Ed Curran, a
serving FBI agent. From the day he took over the counterespionage
group, Curran made it clear that he intended to run the place like
a behind-enemy-lines commando unit. His first act was to fire
anyone who knew anything, especially the little old ladies in tennis
shoes—the CIA’s institutional memory on Soviet espionage. He
had to let them go: Smart people made Curran very nervous.
Then, to let everyone know there was a new sheriff in town, he
reopened every unresolved counterintelligence case on the books.
Every single one. It didn’t matter if the employee was retired or
had moved on to a new, nonsensitive job. The idea was to spread
fear and paranoia throughout the CIA, and in that, he couldn’t
have been more successful.
When the CIA appointed Rod Smith as its own head of coun-
terintelligence and thus Curran’s nominal boss, Curran was in
effect given free rein. A lawyer turned case officer, Smith never
on polygraph policy aI
spent enough time in the field to learn the job, much less anything
about counterintelligence. After an abbreviated six-month tour
in Europe, he came back to headquarters, where he would stay,
moving up the bureaucratic ladder one dogged step at a time. In
no time Curran had Smith feeding out of his hand. Blood soon
flowed in rivers.
A casual friendship struck up, say, on an Italian vacation became
a suspect foreign contact. Polygraphers were called in, and having
been badly burned by Ames, who beat the lie detectors even while
working for the KGB, they weren’t happy. Anxiety turned to stress;
stress, to a failed test. Soon Curran had a “new case,” and as the
witch-hunts went on, new cases began to mount to the ceiling.
Files were ransacked, police checks run. Then the FBI was called
in because that was the deal Woolsey had made with Congress:
The FBI investigates all suspected espionage cases. All over the
FBI, well-meaning grunts were having CIA cases dumped on them,
which they would then throw immediately on the floor, because,
for all Curran’s exhortations, they knew they had a hundred stron-
ger cases to work on. Back at Langley, though, the dirt was already
down. Being under an active FBI investigation, no matter how
flimsy the evidence, meant no promotions, no overseas assign-
ments, no sensitive clearances. The cafeteria was filling up with
people who might as well have been marked with scarlet “A”s, all
of them eating alone.
The numbers tell the story. By late Iuu- more than three hundred
people were under suspicion, and that’s not to mention the number
of CIA employees terrified they would be caught up in the blood-
bath through no fault of their own. One day you’re at your desk,
and the next you’re a virtual prisoner in one of the security facilities
out by Tyson’s Corner. Everyone had a friend or colleague tied
up in security purgatory.
As former Director of Central Intelligence John M. Deutch observed,
“[The CIA’s] reliance on the polygraph is truly insane.” (Weiner,
Iuuu)
a: the lie behind the lie detector
Pre-Ames Polygraph Failures
While the Ames case is the most widely known failure of the polygraph
to catch a spy, it is hardly the first. The earliest documented use of
the polygraph in an espionage case was in Iu,8, when FBI Special
Agent Leon G. Turrou (I8u-–Iu8o) led an investigation into a Nazi
German spy ring operating in the United States. The most important
suspect interrogated with the polygraph was Dr. Ignatz Theodor
Griebl. According to Turrou, the results of a polygraph examination
administered to Dr. Griebl on - May Iu,8 “made us relax all vigilance,
all watchfulness over him.” Five days later, Griebl fled to Germany
aboard the S.S. Bremen. (Turrou, Iu,8)
Karel Frantisek Köcher (A.K.A. Karl Koecher), a career Czech
intelligence officer, “defected” to the United States with his wife in
Iuo- and became a naturalized U.S. citizen. He passed a CIA polygraph
examination in October, Iu,: and worked first as a CIA translator
from Iu,,–Iu,-, and then as a CIA contract employee from Iu,-–Iu,,.
But he was working for Czech intelligence the whole time, betraying
highly sensitive information, including the identities of CIA person-
nel. Information Koecher provided to Czech intelligence exposed
Soviet diplomat Aleksandr D. Ogorodnik as a CIA asset. Confronted
by the Soviets in Iu,,, Ogorodnik committed suicide. Koecher was
only uncovered as a spy in Iu8a (no thanks to the polygraph). In
Iu8- he and his wife, who had worked as a courier for Czech intel-
ligence, were exchanged for Soviet dissident Anatoly Shcharansky.
(Security Research Center, Iuuu; Polmar & Allen, Iuu,)
Career CIA employee Larry Wu-tai Chin was arrested on :: No-
vember Iu8- on espionage and tax evasion charges. Chin had joined
the CIA in Iu-: and retired in Iu8I. Although CIA employees are
subject to periodic polygraph screening throughout their careers,
the polygraph never revealed that Chin had secretly provided infor-
mation to the People’s Republic of China while working for the
CIA. In fact, Chin had been recruited as a Chinese Communist
Party informant in the early Iuaos. Convicted by a federal jury on
on polygraph policy a,
all counts, Chin committed suicide in his prison cell on :I February
Iu8-. (Security Research Center, Iuuu)
The FBI Reacts
The FBI didn’t learn from the Ames case, either. In March Iuua—
a month after the FBI arrested Ames, who had successfully employed
countermeasures and passed his CIA polygraph “tests”—then FBI
director Louis J. Freeh mandated polygraph screening for all new
special agents hired. (Kerr, Iuu,) Having failed to learn from the
CIA’s experience, the FBI was about to receive an object lesson of
its own on polygraph validity. Attorney Mark S. Zaid, in a federal
polygraph lawsuit brought in behalf of seven plaintiffs (Zaid, :ooo),
writes at para. -o:
Upon information and belief, when the FBI implemented its poly-
graph program in Iuua, the then current special agent class had
already begun its training. Nevertheless, members of the Iuua
class were administered polygraph examinations and approxi-
mately half the class failed. However, the FBI simply overlooked
this problem and waived the requirements of the polygraph for
the Iuua class.
The FBI has not publicly acknowledged the Iuua special agent class
polygraph incident. Nor has it learned from it: the FBI continues to
rely on polygraph screening.
Special agents aren’t the only FBI employees required to submit
to pre-employment polygraph screening. All FBI employees must
submit. Even the janitorial staff are polygraphed. (Curreri, :ooo)
As a rule, the Bureau conducts pre-employment polygraph screen-
ing of applicants only after they have received a tentative offer of
employment. Those being polygraphed are the best and the brightest.
But in the first three years of the pre-employment polygraph pro-
gram, :o% of FBI applicants were “determined to be withholding
pertinent information” (Kerr, Iuu,) through a process that, as Su-
pervisory Special Agent Dr. Drew Richardson testified, “is completely
aa the lie behind the lie detector
without any theoretical foundation and has absolutely no validity.”
(Richardson, Iuu,)
The FBI summarily terminates the applications of those “deter-
mined to be withholding pertinent information” based on their
polygraph chart readings. There is no formal appeal process.
Coincidentally, in a laboratory study conducted by Dr. John A.
Podlesny of the FBI laboratory division and Professor John C. Kircher
of the University of Utah (Podlesny & Kircher, Iuuu), :o% of subjects
who were innocent of committing a mock crime were classified as
either “deceptive” or “inconclusive.” (In the pre-employment con-
text, an inconclusive outcome is treated the same as a deceptive
outcome.)
More recently, Roger L. Trott, chief of training at the FBI Academy
in Quantico, Virginia, has placed the FBI pre-employment polygraph
failure rate at nearly -o%! (Mondics, :oo:) Perhaps, with a surge in
applicants for FBI employment following the tragic events of
II September :ooI, the Bureau has decided that it can now afford to
arbitrarily disqualify more applicants.
,
In addition to pre-employment polygraph screening, the FBI also
conducts periodic screening of some current employees with access
to especially sensitive information. Special Agent Mark E. Mallah
worked in FBI foreign counterintelligence. In January, Iuu-, he and
other agents in his unit were required to undergo a
counterintelligence-scope polygraph examination. SAMallah’s poly-
grapher accused him of showing signs of deception on the question
about unauthorized contact with foreign nationals. A full-scale espi-
,
One of the coauthors of this book has concluded that the risk of a false-positive
outcome is so high, and the consequences so severe, that the FBI pre-employment
polygraph examination is a risk not worth taking. See George W. Maschke’s
article, “Just Say ‘No’ to FBI Polygraphs: The Risks Outweigh the Rewards,”
available on-line at:
http://antipolygraph.org/articles/article-032.shtml
onage investigation ensued that continued until September Iuuo.
on polygraph policy a-
Although SAMallah was ultimately cleared of having had unautho-
rized contacts with foreign nationals, his polygrapher’s false accusa-
tion and the ensuing rumor and innuendo ruined his career prospects
with the Bureau. He chose to resign, and did so with a clean record.
(Mallah, Iuu8)
Despite the experience of the Ames case, the Iuua special agent
class incident, the case of Special Agent Mark Mallah, and the testi-
mony of the Bureau’s own leading polygraph expert, the FBI persists
in its reliance on polygraph screening. And it forbade that leading
polygraph expert, Dr. Drew C. Richardson, from testifying in court
on polygraph matters while he remained employed with the Bureau.
(Mateo, :ooo)
Nonetheless, FBI’s parent agency, the Department of Justice, knows
something about the unreliability of polygraphy. Arguing before
the U.S. Supreme Court in U.S. v. Scheffer against the admissibility
of polygraph “evidence” in military cases, DOJ lawyer Michael R.
Dreeben noted that “[t]he fundamental unreliability of polygraph
evidence is underscored…because of the possibility that counter-
measures can defeat any test.” (Asseo, Iuu,)
The FBI Reacts…Again
On I8 February :ooI, the FBI arrested one of its own, Robert Philip
Hanssen, on charges of spying for the Soviet Union and Russia. On
o July :ooI, he pled guilty and was sentenced to life imprisonment.
Hanssen, a counterintelligence specialist, is the highest ranking FBI
employee ever arrested for espionage, and the damage he caused
has been characterized as exceptionally grave. Hanssen’s former
boss, David Major, described his access to classified information as:
“Everything—all sources, all methods, all techniques, all targets.
There’s only a few people in counterintelligence that have to know
everything. And he was one of them.” (Loeb & Masters, :ooI)
A furor erupted over press accounts that Hanssen was never poly-
graphed during his FBI career. Although Director Freeh had ordered
ao the lie behind the lie detector
pre-employment polygraph screening in Iuua, most current FBI
employees had not been subjected to polygraph screening.
Dr. Drew C. Richardson sent a memorandum titled, “Polygraph
Screening in Light of the Robert Hanssen Espionage Investigation”
8
to Director Freeh the week after Hanssen’s arrest, when it was not
yet widely known whether Hanssen had been polygraphed. Among
other things, Dr. Richardson noted:
The question has frequently arisen as to whether Mr. Hanssen
was administered polygraph exams during the period of alleged
espionage and/or during his FBI career. This question is then
followed with suggested analysis about what effect his having been
given a polygraph exam(s) would have had on the course of this
investigation and whether any of this demonstrates a need to
change the present Bureau policy of not routinely administering
polygraph exams to its employees. Again, as with most other
questions regarding Mr. Hanssen, I do not have personal or other
knowledge as to whether he has been given polygraph exams.
The logic of the issue does not require that I do. Either he was or
he was not. If he was, then he like so many other traitors was
allowed to continue his activities following having been found
non-deceptive on an exam(s). If he was not administered an ex-
am(s), in a rather perverse sort of (lack of) logic, it has been
suggested that this demonstrates that Bureau employees should
be given them in the future. Should the latter situation exist, i.e.,
that Hanssen had not been polygraphed, I suggest it be viewed in
the context of he, likewise, was most likely not subjected to astro-
logical chart readings, palm readings, tea leaf readings, or the
readings of entrails as practiced by the ancient Romans. There
now exists no more compelling reason to institute a program of
wide spread polygraphy than there does implementation of any
of these other divining activities.
Director Freeh did not respond to this memorandum. Instead, during
8
The full text of this memorandum may be read on AntiPolygraph.org at:
http://antipolygraph.org/documents/richardson-memo-02-2001.shtml
the week of II–I, March :ooI, he quietly signed an order directing
on polygraph policy a,
that high-level employees with access to the FBI’s most sensitive
information be polygraphed starting within the next oo days. (Seper,
:ooI)
Some four months later, Knight Ridder Washington correspondent
Lenny Savino reported that more than -oo FBI employees had been
administered counterintelligence-scope polygraph interrogations,
and “less than :-” had “failed to pass.” According to Savino, a
senior FBI official described this failure rate as “surprisingly low.”
(Savino, :ooI) But can a failure-to-pass rate on the order of :- out
of -oo (-%) honestly be characterized as “low?” In absolute terms,
it could only be considered “low” if one expected more than -% of
FBI employees to be spies!
According to C.S. “Steve” Rogers, a retired FBI polygrapher work-
ing as a counterintelligence officer at the Office of Internal Security,
Los Alamos National Laboratory (LANL), less than 1% of FBI ap-
plicants polygraphed failed the counterintelligence portion of their
pre-employment polygraph examinations. (LANL Employee Advi-
sory Committee, :ooI) If high-level FBI employees are failing to
pass their polygraph interrogations on counterintelligence issues at
some five times the rate of applicants, can such a failure rate truly
be considered “low?” Perhaps only by a self-interested FBI official
hiding behind the cloak of anonymity as he/she tries to manage
public perception.
According to the minutes of the LANL Employee Advisory Com-
mittee, Steve Rogers also told the Committee that the Department
of Energy’s Albuquerque test center “hasn’t had a false positive
result in the over I8oo tests they have performed.” The FBI’s roughly
:-/-oo failure to pass rate seems rather high by comparison.
If the FBI were to require periodic polygraph screening of all
employees, then a -% failure-to-pass rate applied to a work force
then numbering roughly :8,ooo would mean some I,aoo failures to
pass. And this situation would be repeated every five years with
successive rounds of polygraph interrogations.
a8 the lie behind the lie detector
We first commented on this -% failure to pass rate in the :nd
edition of this book, which was publicly released in March :oo:.
FBI management must have found -% to be politically unacceptable,
because since then, the Bureau’s polygraph failure rate has mirac-
ulously plummeted to just one percent. According to a USA Today
report published on I- August :oo, (Locy, :oo,):
During a background briefing with reporters…a high-ranking
FBI official said half of the Bureau’s employees now are subject
to polygraphs. Since April :oo:, he said, ,,ooo employees have
been randomly tested. He said ,o were “red-flagged,” and further
investigations were conducted; no one has been fired.
Even a one percent failure rate applied to just half of a work force
that now stands at about ,o,ooo employees will result in some I-o
individuals falling under suspicion of espionage every five years or
so, based on a procedure that the National Academy of Sciences
has found to be completely invalid!
u
If FBI management treats those who fail to pass their pseudoscien-
tific truth test the same way they treated former FBI Special Agent
Mark Mallah, they are going to have a serious morale, retention,
and recruitment problem.
The Department of Energy Polygraph Program
In Iuuu, the Department of Energy (DOE), in reaction to unsubstan-
tiated suspicions of Chinese espionage at Los Alamos National Lab-
oratory, greatly expanded its polygraph screening program for em-
ployees and contractors with access to certain nuclear weapons-
related information. At first, DOE announced that some I:,ooo
u
Given polygraphy’s lack of validity and vulnerability to countermeasures,
and the low base rate of guilt, any spies in the FBI are much more likely to be
found among the uu% who may be expected to pass their polygraph chart readings.
employees would face polygraph screening.
on polygraph policy au
In September Iuuu, the Department held a series of four public
hearings on polygraph policy at which General Eugene E. Habiger,
retired, then director of the Department’s Office of Security and
Emergency Operations, presided. The ostensible purpose for these
hearings was to allow the public to comment on the Department’s
proposed polygraph regulation, which had been published in the
Federal Register in August.
At the beginning of each of these four hearings, DOE’s then poly-
graph program manager, Mr. David M. Renzelman,
Io
delivered a
brief presentation during which he provided false and misleading
information about polygraph screening to the public. He suggested
that the purpose for the “pre-test” interview is to make sure that
the subject understands what is meant by “espionage” and “sab-
otage,” whereas its main purpose (as we will see in Chapter ,) is
actually to elicit admissions and to obtain leads that may be useful
in a “post-test” interrogation.
Mr. Renzelman lied to scientists and engineers at Sandia National
Laboratories and Los Alamos National Laboratory about the rationale
for the directed-lie “control” questions used in DOE’s polygraph
screening format, claiming that they “are designed to elicit your
capability of responding physiologically should you intentionally
tell a lie.” (Maschke, Iuuu). (We will discuss the true rationale for
directed-lie “control” questions in Chapter ,.)
During the course of DOE’s public hearings on polygraph policy,
General Habiger’s panel heard from dozens of scientists who warned
of the lack of validity, the danger of false positives and false negatives,
the base-rate problem, and the fact that lie detector “tests” can be
Io
In February :oo,, Mr. Renzelman was forced to resign as head of the DOE
polygraph program because of inappropriate remarks he made at a DOE counter-
intelligence course the previous month. For background, see:
http://antipolygraph.org/articles/article-038.pdf
easily defeated through countermeasures. But their concerns fell on
-o the lie behind the lie detector
deaf ears. The public hearings were merely window dressing: the
decision to implement polygraph screening had already been made.
On the DOE False Positive Rate
In July :ooo, then DOE counterintelligence chief Edward J. Curran
told Washington Post staff writer Vernon Loeb that not a single one
of the 8oo DOE employees polygraphed up to that point had “failed.”
This is a truly amazing claim. Dr. Sheila D. Reed, who developed
the “Test” for Espionage and Sabotage (TES) screening format used
by DOE, conducted three laboratory experiments attempting to
assess TES validity, using volunteers who committed mock acts of
sabotage or espionage. (The TES is a variety of “Control” Question
“Test” and as such suffers from the same lack of scientific control
and standardization. See Chapter , for further discussion of the
TES.)
Dr. Reed’s three experiments showed false positive rates of I-.:%,
:%, and II.I%, respectively, for an average false positive rate of
u.a%. Keep in mind that in these laboratory experiments, the subjects
had nothing to lose if they were falsely accused of deception. One
might naturally expect a higher false positive rate in the field, where
truthful persons whose careers depend on the outcome might well
be more anxious while truthfully denying having committed espi-
onage than when falsely denying—on the polygrapher’s instruc-
tions—a common human failing such as having told a lie, even
once in one’s life.
Applying this experimental average false positive rate of u.a% to a
population of 8oo employees screened, one would expect ,- false
positive outcomes. But Edward Curran asserted that there were
none!
Could it be that this amazing false positive rate of o% is achieved
by arbitrarily choosing to ignore charts where the outcome, according
to standard DoDPI doctrine, should properly be “significant re-
sponse” (that is, “deception indicated”)?
on polygraph policy -I
Indeed, this seems to be, in essence, how DOE has achieved its
claimed false positive rate of o%. Loeb reports:
…Curran…said that about :o percent of test subjects showed
physiological responses indicating some “deception” to a question
about unauthorized contacts.
But all of those subjects ultimately passed when asked the ques-
tion a second time after being allowed to explain a minor trans-
gression or admit to past conduct that may have been causing
slight feelings of guilt, Curran said.
The true false positive rate in the DOE polygraph program is about
:o%, not zero. But DOE polygraphers are no doubt aware that they
cannot get away with falsely accusing some :o% of those they inter-
rogate of being spies and saboteurs. It seems clear that, after grilling
subjects a bit, DOE polygraphers are choosing to overlook charts
which, based on DoDPI doctrine, should be scored as indicating
deception.
On the DOE False Negative Rate
Edward Curran said of DOE employees, “These are not bank robbers
or embezzlers. These are patriotic American citizens who already
have clearances—you expect them to pass.” (Loeb, :ooo) But the
ostensible purpose of DOE’s polygraph program is to detect espi-
onage and sabotage, not bank robbery and embezzlement. To the
best of our knowledge, there is no evidence that bank robbers and
embezzlers are any more likely than anyone else to commit espionage
or sabotage.
DOE’s expectation that employees will pass makes it all the easier
for any real spies or saboteurs to escape detection. Just because all
DOE employees polygraphed as of July :ooo ultimately “passed,” it
does not follow that none of them were spies or saboteurs. By
relying on unreliable polygraph “testing,” DOE and other agencies
may succeed in deluding themselves into a false sense of security,
but actual spies will go undetected, as did CIA’s Aldrich Ames. The
-: the lie behind the lie detector
false negative rate of DOE’s polygraph program will, in all likelihood,
never be known.
The Case of Wen Ho Lee
In Iuu-, a “walk-in” approached the Central Intelligence Agency
outside of the PRC and provided an official PRC document classi-
fied “Secret” that contained design information on the W-88 Tri-
dent D-- warhead, the most modern in the U.S. arsenal, as well
as technical information concerning other thermonuclear war-
heads.
Thus began an ongoing investigation of suspected Chinese espionage
within the Department of Energy, according to Chapter : of the
report of the House Select Committee on U.S. National Security
and Military/Commercial Concerns with the People’s Republic of
China, more commonly known as the “Cox Report.” But in the
very next paragraph, the Cox Report notes:
The CIA later determined that the “walk-in” was directed by the
PRC intelligence services. Nonetheless, the CIA and other Intel-
ligence Community analysts that reviewed the document con-
cluded that it contained U.S. thermonuclear warhead design in-
formation.
The Cox Report does not disclose how the CIA determined that the
“walk-in” was “directed by the PRC intelligence services.” Nor does
the Cox Report offer any insight into why the PRC intelligence
services would provide the CIA with documents that could reasonably
be expected to compromise their own sources and methods.
As previously noted (p. ,u), hundreds of CIA employees were
unable to pass their polygraph screening exams in the wake of Aldrich
Ames’ arrest in Iuua, and the Iuu- “walk-in” incident occurred square-
ly in that wake. Could it be that the CIA determined that the “walk-in”
was directed by the PRC intelligence services because a CIA polygra-
pher found portents of prevarication when he gazed into the poly-
graph charts? A report by Walter Pincus and Vernon Loeb of the
on polygraph policy -,
Washington Post (Pincus & Loeb, :ooo) suggests that such is the
case:
“He failed an agency polygraph,” one intelligence official explained.
Pincus and Loeb report that notwithstanding the CIA’s polygraph
results, the FBI later debriefed the defector in the United States and
believes him to be legitimate. If, as seems likely, the CIA did terminate
its relationship with the “walk-in” based on the voodoo science of
polygraphy, then it committed a blunder of monumental propor-
tions.
In light of the information provided by the “walk-in,” the U.S.
Department of Energy launched an espionage investigation that
was eventually taken over by the FBI, which focused on Los Alamos
physicist Wen Ho Lee as its sole suspect. With the FBI’s consent,
DOE counterintelligence chief Edward J. Curran ordered that Lee
be polygraphed. According to the Final Report of the Attorney Gen-
eral’s Review Team on the Handling of the Los Alamos National
Laboratory Investigation, better known as the “Bellows Report,”
Curran predicted in a memorandum dated :I December Iuu8 to
Secretary of Energy Bill Richardson only two possible outcomes:
“either he would refuse to take the polygraph and DOE would pull
his clearance and take steps to terminate his employment or he
would agree to take the polygraph, not ‘pass’ it, and his clearance
would be pulled and termination proceedings initiated.”
II
Clearly, the demand that Lee take a polygraph “test” was intended
merely a pretext for revoking his clearance and firing him. According
to the Bellows Report, on :, December Iuu8, the day of the “test,”
FBI Special Agents Carol Covert and John Hudenko, who were on
hand to interrogate Lee after the “test” in the event that he failed,
“became concerned about what exactly was supposed to happen if
II
Footnote 8-o at p. o,,.
Lee passed the polygraph.” The report continues, “SA Covert said
-a the lie behind the lie detector
they got Curran on the telephone and he said ‘it’s not going to
happen.’”
I:
Two days later, on :, December Iuu8, polygrapher Wolfgang Vins-
key, employed by DOE contractor Wackenhut Corp., administered
a polygraph interrogation to Dr. Lee. There were four relevant ques-
tions:
Have you ever committed espionage against the United States?
Have you ever provided any classified weapons data to any un-
authorized person?
Have you had any contact with anyone to commit espionage
against the United States?
Have you ever had personal contact with anyone you know
who has committed espionage against the United States?
Ed Curran’s prediction notwithstanding, Dr. Lee received one of
the highest “passing” scores possible. According to the Bellows Re-
port:
After the polygraph examination was over, SA Covert and
SAHudenko talked to the polygrapher and were told that Lee
had not only passed the polygraph but “blew it away.” (p. o,a)
CBSNews.com reported, “The polygraph results were so convincing
and unequivocal, that sources say the deputy director of the Los
Alamos lab issued an apology to Lee, and work began to get him
reinstated in the X-Division.” (CBSNews.com, :ooo)
However, when the FBI later wanted to search Wen Ho Lee’s
I:
p. o,a. Although the names of Special Agents Covert and Hudenko have
been redacted from the publicly released version of the Bellows Report, they are
identified as the agents who were present at p. I,- of A Convenient Spy: Wen Ho
Lee and the Politics of Nuclear Espionage by Dan Stober and Ian Hoffman, and
their redacted names can be distinguished from one another in the Bellows
Report based on their relative lengths.
home, Special Agent Michael W. Lowe, at para. II of an affidavit in
on polygraph policy --
support of a search warrant filed on u April Iuuu (Lowe, Iuuu),
swore that:
…[f]ollowing the interview on December :,, Iuu8, DOE polygra-
phers administered a polygraph examination of LEE. The examin-
er’s initial opinion was that LEE was not deceptive. However,
subsequent quality control reviews of the results, by both DOE
and by FBI Headquarters (HQ) resulted in an agreed finding that
LEE was inconclusive, if not deceptive, when denying he ever
committed espionage against the United States.
That DOE’s original determination that the polygraph charts un-
equivocally indicated that Dr. Lee was truthful could be re-
interpreted through “quality control reviews” to be “inconclusive,
if not deceptive” is further proof—if any were needed—that poly-
graph chartgazing is no science. The polygrapher may read whatever
he (or his boss) pleases into the charts.
Indeed, it seems that the “quality control reviews” referred to in
SA Lowe’s affidavit were a sham. Speaking at a public meeting of
the National Academy of Sciences/National Research Council Study
to Review the Scientific Evidence on Polygraphs on :o January :ooI,
then DOE polygraph program chief David M. Renzelman revealed
that the DOE polygraph “quality control” program was only insti-
tuted in January Iuuu—promptly after Wen Ho Lee had passed his
polygraph “test!” Mr. Renzelman stated that DOE and FBI reviewers
unanimously agreed that Dr.Lee’s polygraph examination of :, De-
cember Iuu8 was “not finished.” (We have not succeeded in finding
in the polygraph literature any criteria for a determination that a
polygraph examination is “not finished.”) In any event, Mr. Renzel-
man’s contention that Dr. Lee’s polygraph examination was “not
finished” is inconsistent with SALowe’s sworn testimony that “qual-
ity control reviews of the results, by both DOE and by FBI Head-
quarters (HQ) resulted in an agreed finding that LEE was inconclu-
sive, if not deceptive, when denying he ever committed espionage
against the United States.” AntiPolygraph.org has referred this matter
to the FBI Office of Professional Responsibility.
-o the lie behind the lie detector
The FBI decided to re-polygraph Lee. On u February Iuuu, FBI
agents falsely explained to Lee that they “needed his help solving a
puzzle related to the W88, but first he had to be cleared with a
polygraph.” (Stober & Hoffman, :ooI) Lee reluctantly agreed. Stober
and Hoffman describe the beginning of his polygraph interrogation
by FBI Special Agent Rich Hobgood as follows:
Resigned, Lee reported to the Los Alamos Inn at u A.M. on
February Io. He was shown into a room where the polygrapher,
named Hobgood, was waiting. Agents had taken down the room’s
artwork and situated a table and a chair for Lee facing one of the
blank walls. The room was uncomfortably warm, and Lee had
the distinct impression that the FBI had turned up the thermostat.
He took a seat and Hobgood hooked him up to the machine. The
polygrapher cinched the finger cuff around his thumb to a painful
tightness. Hobgood informed Lee that he was a suspect in an
investigation into the loss of classified information on the W88
warhead—the first time the FBI had clearly told him. He was
advised of his rights, just as he would be if he were being arrested.
Lee found this upsetting.
Upsetting indeed. Placed in an overheated room, with a polygraph
attachment tightened to the point of causing pain, and faced with
the sudden shock of learning that he was the suspect in an espionage
investigation, it is hardly surprising that Lee would physiologically
respond to the accusatory relevant questions. If Stober and Hoffman’s
account is accurate, it would suggest that the FBI deliberately rigged
the “test” to ensure that Lee would “fail.”
SA Lowe describes the outcome of SA Hobgood’s polygraph inter-
rogation of Dr. Lee at paragraph I, of his u April Iuuu affidavit:
On February Io, Iuuu, the FBI conducted a polygraph examination
of LEE. During this examination, the FBI asked LEE whether he
had provided two classified codes…to any unauthorized person
and whether he deliberately obtained any W-88 documents. It
was the examiner’s opinion that the polygraph results were incon-
clusive as to those questions. The second question was rephrased
on polygraph policy -,
to cover a broader range of activities. LEE was then asked the
follow [sic] two questions:
Q: Have you ever given any of those two codes to an unauthorized
person?
A: No.
Q: Have you ever provided W-88 information to any unauthorized
person?
A: No.
The polygraph examiner concluded that LEE’s answers to these
questions were deceptive.
However, it now seems highly unlikely that Wen Ho Lee was the
source of any W-88 information included in the “walk-in” doc-
uments. As the Washington Post reported on Iu October :ooo (Pincus
& Loeb, :ooo):
A new review of Chinese military documents provided by a defector
in Iuu- has led U.S. intelligence agencies to conclude that Chinese
espionage has gathered more American missile technology than
nuclear weapons secrets, senior U.S. officials said.
The conclusion was reached only this year [:ooo] because the
CIA and other intelligence agency linguists did not fully translate
the huge pile of secret Chinese documents, totaling I,,ooo pages,
until four years after the agency obtained them, according to a
senior law enforcement official, who described the delay as a
major blunder.
The belated translation and analysis has prompted a major re-
orientation of the FBI’s investigation into Chinese espionage. From
Iuuo until late last year, the FBI probe centered on the suspected
loss of U.S. nuclear warhead data, and quickly narrowed into an
investigation of Wen Ho Lee, a researcher at Los Alamos National
Laboratory in New Mexico. Now, however, the FBI—which never
found evidence that Lee spied for China—has shifted its focus to
the Defense Department and its private contractors.
That is because the documents provided by the defector show
that during the Iu8os, Beijing had gathered a large amount of
classified information about U.S. ballistic missiles and reentry
-8 the lie behind the lie detector
vehicles. The missile secrets are far more likely to have come
from defense officials or missile builders than from Los Alamos
or other U.S. nuclear weapons labs, officials said.
Thanks in large part to a misplaced faith in polygraphy, the CIA
botched its handling of the “walk-in” source and the FBI botched
the ensuing espionage investigation, which at the time of writing
(March :oo-) is ongoing.
The Department of Defense Polygraph Program
The Department of Defense (DoD) has long had a
counterintelligence-scope polygraph program, the ostensible pur-
pose of which is to deter and detect espionage, sabotage, and terror-
ism. The DoD polygraph program is a prime example of waste,
fraud, and abuse at taxpayer expense. Every year, the Office of the
Assistant Secretary of Defense (Command, Control, Communica-
tions, and Intelligence) prepares for Congress a report on the DoD
polygraph program. These reports are designed to “sell” the poly-
graph program to Congress and cast it in the most favorable light.
As we shall see, DoD has been selling Congress a fraudulent bill of
goods.
The DoD Polygraph Program Report for Fiscal Year :ooo (U.S.
Department of Defense, :ooI) reveals that in that fiscal year, ,,8uo
DoD and contractor personnel underwent polygraph security screen-
ing, not including NSA and NRO. The report indicates that the
only individuals who “failed” their DoD polygraph screening “tests”
were those who made “substantive” admissions. Everyone else
“passed.” Thus, the key to passing is to simply to make no “substan-
tive” admissions! The report explains:
Approximately ,I percent of our polygraph tests are conducted as
a condition for access to certain positions or information under
the DoD Counterintelligence-Scope Polygraph (CSP) Program.
The DoD CSP Program is authorized by Public Law Ioo-I8o. The
on polygraph policy -u
purpose of the CSP Program is to deter and detect activity involving
espionage, sabotage, and terrorism.
The DoD conducts CSP examinations on military personnel,
DoD civilian employees, and DoD contractor personnel. Of the
,,8uo individuals examined under the CSP Program in Fiscal Year
:ooo, ,,o88 showed no significant physiological response to the
relevant questions (non-deceptive) and provided no substantive
information. The remaining :o: individuals provided substantive
information. Of these :o: individuals, Iua received a favorable
adjudication, three are still pending adjudication, five are pending
investigation, and no one received adverse action denying or with-
holding access.
The report goes on to clarify:
There were ,,o88 individuals whose polygraph examination results
were evaluated as no significant response to the relevant questions
(non-deceptive). The remaining :o: individuals yielded significant
responses and/or provided substantive information.
This report makes it clear that the polygraph charts are not being
used to determine whether individuals pass or fail: if the individual
provides no “substantive information,” then any physiological re-
sponses he/she may have shown to the relevant questions are ulti-
mately deemed not to be significant, and the individual “passes.”
But if the individual provides “substantive” information, then he/she
“fails,” regardless of the polygraph chart readings.
While DoD claims that “[t]he purpose of the [Counterintelligence-
Scope Polygraph] Program is to deter and detect espionage, sabotage,
and terrorism,” it seems that the only spies, saboteurs, or terrorists
who will be deterred or detected by it are those who are stupid
enough to make admissions.
If the DoD polygraph program is incapable of detecting those
stubborn spies who won’t confess, then it should come as no surprise
that it is ineffectual at deterring would-be spies. Two recent espionage
cases illustrate the point. On :, August :ooI, the FBI arrested Brian
P. Regan, a retired U.S. Air Force master sergeant and employee of
oo the lie behind the lie detector
National Reconnaissance Office (NRO) contractor TRW, on charges
of conspiracy to commit espionage. The following month, on
:I September :ooI, the FBI arrested Ana Belen Montes, the Defense
Intelligence Agency’s (DIA’s) senior analyst for matters involving
Cuba, on charges of conspiracy to commit espionage. Both Regan
and Montes worked in DoD agencies in positions that require
counterintelligence-scope polygraph screening. Montes, who was
working for the Cubans even before she began her DIA career, is
known to have passed at least one DIA polygraph examination
(Johnson, :oo:). While the FBI and DoD have not, at the time of
this writing (March :oo-), disclosed whether Regan passed a poly-
graph screening “test” after beginning his espionage activities, the
prospect of future polygraph screening did not deter him.
Despite the ease with which spies can beat the DoD counterintel-
ligence screening “test,” innocent persons subjected to it are not
necessarily safe from polygraph abuse, as Petty Officer Daniel M.
King discovered in Iuuu.
The Case of Petty Officer Daniel M. King
On Wednesday, :u September Iuuu, Special Agent Robert Hyter of
the Naval Criminal Investigative Service (NCIS) polygraphed Cryp-
tologist Technician (Collection) First Class (CTR1) Daniel M. King
and came up with a “no opinion” outcome. What followed is one
of the worst instances of polygraph abuse on record. Lieutenant
Robert S. Bailey of the Naval Judge Advocate General’s Corps doc-
umented this abuse in testimony before the U.S. Senate Select Com-
mittee on Intelligence on , April :ooI (Bailey, :ooI):
Public statements issued by the Navy have stated that all polygraph
examinations performed on CTR1 King were conducted according
to Department of Defense regulations. This is completely untrue.
One of the Navy’s statements indicates that recording the exam-
inations is a requirement under the regulations. The first three
days of exams were recorded in accordance with those regulations;
the remainder were not. Perhaps agents stopped recording because
on polygraph policy oI
they were aware that they were not conducting examinations in
accordance with the regulations. Those examinations that were
recorded demonstrate a sharp departure from the practices estab-
lished in the Department of Defense regulations.
Immediately following the first polygraph examination, the poly-
grapher, Special Agent (SA) Robert Hyter, told CTR1 King that
he had failed the exam. This was a lie. SA Hyter actually was
unable to render an opinion on the chart produced by the exam-
ination. SA Hyter never went back and attempted to retest CTR1
King on those questions in an effort to get a more accurate reading.
An indeterminate or “no opinion” reading on a polygraph is very
common. Both LT Freedus and I had similar results with our
first polygraph examinations following assignment to this case.
The polygraphers simply reran our polygraph tests and obtained
positive results. SA Hyter never took this important and logical
step in his polygraph examination of CTR1 King.
By lying to CTR1 King and failing to retest him, SA Hyter
created a situation in which CTR1 King would be more likely to
show an elevated response to the relevant questions when they
arose again. The NCIS Manual encourages agents to lie during
interrogations, but Department of Defense regulation 5219.48-R
prohibits using the polygraph as such a “psychological prop.”
Lying about polygraph results is sure to result in inaccurate results.
CTR1 King undoubtedly experienced considerable anxiety regard-
ing the relevant questions after being lied to regarding the prior
results. Such anxiety can create a false negative or deceptive reading
to these questions. See Benjamin Kleinmuntz & Julian J. Szucko,
On the Fallibility of Lie Detection, 17 L. & Soc’y Rev. 85, 87
(1982); see David T. Lykken, The Lie Detector and the Law, Crim.
Def., May-June 1981, at 19, 21 (“Any reaction that you might
display when answering deceptively you might also display another
time, when you are being truthful.”).
As the polygraphs continued, NCIS agents further departed from
regulations when they stopped recording the examinations and
the interrogations that followed. SA Hyter received specific orders
from his superiors at NCIS headquarters to stop recording the
examinations and interviews. SA Hyter felt that he had no discre-
tion in whether or not to record interrogations. The NCIS Manual,
however, states that the recording of interrogations is “strongly
o: the lie behind the lie detector
recommended.” Despite more than three weeks of additional in-
terrogations, no sessions other than a meeting between CTR1
King and an NCIS psychologist were recorded.
After the initial indeterminate results, the polygraph examina-
tions continued intermittently over the next several weeks. CTR1
King would undergo five or more examinations in a single day
with mixed results. The Navy has stated that he failed the polygraph
examinations. In truth, the results were almost always indetermi-
nate. The only time he registered deceptive results was after long
sessions and days of constant interrogations, and under clearly
impermissible conditions.
The NCIS agents skewed the results of the examinations by
conducting them under conditions destined to produce inaccurate
results. The examinations were regularly conducted when CTR1
King was fatigued or complaining about a lack of sleep. On the
tape of the examination and interview on October :, Iuuu, SA
Hyter states that he recognizes that CTR1 King is very tired, oper-
ating on a lack of sleep and fatigued from the constant questioning.
Nonetheless, he proceeded to administer a series of polygraphs
which CTR1 King predictably failed to pass. Administering a poly-
graph examination under these conditions is improper and likely
to lead to inaccurate readings, and is prohibited under Department
of Defense regulation 5210.48-R. Nonetheless, SA Hyter simply
told CTR1 King that he appreciated the fact that he was tired but
that the polygraph would take place anyway.
In addition to conducting examinations under sleep-deprived
conditions, the agents mingled polygraph examinations with abu-
sive interrogations. The commingling of these techniques had the
predictable result of elevating CTR1 King’s reaction to the relevant
questions and producing unreliable examinations. Specifically,
CTR1 King was told that he was a spy. SA Hyter is heard telling
CTR1 King during the October :, Iuuu interrogation that his
inability to pass the polygraph examination indicates that he is a
spy and has engaged in espionage. When CTR1 King is asked
questions on to [sic] this subject in subsequent examinations, he
experiences predictable anxiety over being labeled a spy and has
physiological reactions that trigger a false reading on the polygraph.
This type of manipulation is the exact reason polygraph results
remain inadmissible in court. Polygraph machines are notoriously
on polygraph policy o,
unreliable and unethical examiners can manipulate the results. It
is beyond question that NCIS agents engaged in unethical conduct
in this case. The fact that this conduct extended to the administra-
tion of polygraph examinations should come as no surprise.
NCIS subjected CTR1 King to days of polygraphic interrogation
and sleep deprivation and denied him a lawyer when he requested
one. At ,:,o A.M. on o October Iuuu, after a Iu-hour interrogation
session (and having been interrogated during ,o of the ,u previous
hours) CTR1 King signed a confession stating that he had sent a
computer disk containing classified information to the Russian em-
bassy. His confession was uncorroborated by any evidence whatso-
ever, and he promptly retracted it. Nonetheless, CTR1 King spent
well over a year in pre-trial confinement before the presiding military
investigator, Commander James P. Winthrop, USN, recommended
that charges be dismissed. CTR1 King was released on u March
:ooI and has since retired from the Navy with a clean record.
13
The Marine Embassy Guard Scandal
The polygraph abuse suffered by CTR1 King is not without precedent.
In A Tremor in the Blood: Uses and Abuses of the Lie Detector, David
T. Lykken describes an eerily similar instance of polygraph abuse
by the Naval Investigative Service (which in Iuu: was re-named the
Naval Criminal Investigative Service):
In Iu8o, newspaper headlines revealed that Marine guards at the
U.S. Embassy in Moscow had been found to have conducted
guided tours for Soviet KGB agents through the secret inner sanc-
tums of that building. A Time magazine cover graphically portrayed
by far the worst shame ever to bedraggle the honor of the Corps.
Several silent months after these horrific revelations, an article by
13
For further reading on the King case, see the Federation of American Scientists
website at:
http://www.fas.org/irp/ops/ci/king/index.html
Washington Post reporter Don Oberdorfer revealed the even more
oa the lie behind the lie detector
shameful truth. Agents and polygraphers of the Naval Investigative
Service learned that a Native American Marine, Sgt. Clayton Lone-
tree, had befriended a Russian woman employed by the KGB.
They then sought out three other enlisted Marines who had also
worked as guards at the U.S. Moscow Embassy during Lonetree’s
tenure there and subjected them to repeated cycles of polygraph
testing and interrogation. Each polygraph test included increas-
ingly bizarre allegations to which these young Marines reacted
with increasing physiological disturbance. Ultimately, Cpls. Ar-
nold Bracy and Robert Williams and Sgt. Vincent Downes signed
wildly incriminating statements—statements they at once repudi-
ated after being rescued from the NIS interrogators. According to
Robert Lamb, head of the State Department’s Diplomatic Security
Bureau, “there were things in Bracy’s statement that could not
have happened.”[
Ia
] These were young African American Marine
noncoms, plucked from their subsequent posts by NIS investigators
and questioned, more or less nonstop for three days, each successive
polygraph test suggesting still more outlandish possibilities, ac-
cusations that the young men reacted to with increasing alarm,
thus confirming the polygraphers’ beliefs that they were on the
track of something big. Sometime later I received a phone call
from a Marine colonel, a Judge Advocate General officer who
had served as defense counsel in Cpl. Bracy’s court-martial. This
colonel wanted nothing more from me than understanding cor-
roboration of his outrage at what these NIS operatives and their
“damnable polygraphs” had done to his client and, especially, to
the reputation of his beloved Marine Corps. Reagan administration
officials finally admitted that, in fact, the Marines didn’t admit
any Soviet agents into the embassy. As journalist Oberdorfer wrote,
“the government has been grappling mainly with phantoms of its
14
Endnote in original: “Patt Derian, Embassy scandal was fiction, Minneapolis
Star-Tribune, January 31, 1988. Derian was assistant secretary of state for human
rights during the Carter administration.”
own invention.” (pp. :a-–ao)
on polygraph policy o-
Other Agencies
Apart from CIA, NSA, FBI, and the Departments of Defense and
Energy, other federal agencies such as the U.S. Secret Service, DEA,
the Internal Revenue Service, the U.S. Capitol Police, and the Food
and Drug Administration also rely on polygraphy. In addition, many
state and local law enforcement agencies and fire departments use
polygraphy to screen applicants and to interrogate their current
employees in internal affairs investigations.
If They Know Polygraphy Is Unreliable,
Why Do They Rely on It?
Government agencies rely on polygraphy primarily because naïve
and gullible subjects, fearing that the polygraph will detect the slight-
est hint of deception, will often make admissions that they might
not otherwise make. Those innocent persons who are falsely accused
in the process are considered “acceptable losses.”
In an article on DOE’s decision to adopt polygraph screening
(Park, Iuuu), physicist Robert L. Park, writes:
The Iu,I Oval Office tapes captured President Richard M. Nixon
explaining why he had ordered polygraph screening for the White
House staff: “Listen, I don’t know anything about polygraphs
and I don’t know how accurate they are, but I know they’ll scare
the hell out of people.”
In Iu8,, the Congressional Office of Technology Assessment (OTA)
reported:
It appears that NSA (and possibly CIA) use the polygraph not to
determine deception or truthfulness per se, but as a technique of
interrogation to encourage admissions. NSA has stated that the
agency “does not use the ‘truth v. deceptive’ concept of polygraph
examinations commonly used in criminal cases. Rather, the poly-
graph examination results that are most important to NSA security
adjudicators are the data provided during the pretest or posttest
oo the lie behind the lie detector
phase of the examination”… (Scientific Validity of Polygraph Test-
ing, p. Ioo)
On a May Iuu,, the NSA wrote to the White House, “over u-% of
the information the NSA develops on individuals who do not meet
federal security guidelines is derived via [voluntary admissions from]
the polygraph process.” (National Security Agency, Iuu,) And as
previously noted (p. ,a), the Joint Security Commission acknowl-
edged in its Iuua report that many polygraph proponents “contend
that as long as the polygraph elicits admissions to screen out unsuit-
able applicants and actual security risks, questions about the poly-
graph’s validity remain academic.”
In a CBS “60 Minutes II” report on polygraph screening titled
“Final Exam” which aired on I: December :ooI, former CIA and
DOE counterintelligence chief Edward J. Curran explained to Scott
Pelley what good the polygraph is, after acknowledging that “it is
not scientific”:
It’s a very, very effective screening device, because if people believe
that that machine’s gonna catch them in the lie, they’re more
willing to make statements or admissions to you prior to the test,
or during the test.
After Supervisory Special Agent Drew C. Richardson’s damning
Senate testimony on polygraph validity, Senator Charles E. Grassley
wrote in a letter (Grassley, Iuu,) to the then new director of the FBI
laboratory division, Dr. Donald M. Kerr
I-
:
…Dr. Richardson is perhaps the FBI’s most eminently qualified
expert on polygraphs. In his testimony, Dr. Richardson states the
following regarding polygraph screening:
“It is completely without any theoretical foundation and has abso-
I-
Dr. Kerr, who came to the FBI laboratory division without a background in
forensic science, served as director of Los Alamos National Laboratory from
Iu,u‒Iu8-. In :ooI, he left the FBI to become the CIA’s Deputy Director for
Science and Technology.
lutely no validity. Although there is disagreement among scientists
on polygraph policy o,
about the use of polygraph testing in criminal matters, there is almost
universal agreement that polygraph screening is completely invalid
and should be stopped.”
Enclosed is a copy of the full text of Dr. Richardson’s testimony.
As Chairman of the Subcommittee on Administrative Oversight
and the Courts, I request that you respond in writing to the
Subcommittee answering Dr. Richardson’s charges on grounds
of science. If you disagree with his charges, I ask that you so state,
and also indicate your intention to raise the matter with the FBI
Director immediately and advise him of your position. If Dr.
Richardson is correct, polygraph screening should be banned from
the FBI.
Senator Grassley requested that the Director of the FBI laboratory
division answer Dr. Richardson’s charges on grounds of science. But
instead, this is how Dr. Kerr (who with a doctorate in plasma physics
from Cornell University should have known better) replied:
With regard to the testimony provided to your Subcommittee on
September :u, Iuu, by the Chief of the FBI’s Hazardous Materials
and Response Unit, Dr. Drew Richardson, you have asked for my
position regarding the use of polygraph examinations as an ap-
plicant screening procedure. For the reasons set forth below, I
support the use of polygraph testing for applicants seeking em-
ployment with the FBI.
In March, Iuua, Director Freeh authorized the use of polygraph
examinations for all FBI employment applicants. Since that time,
the FBI has conducted approximately Io,:oo pre-employment
polygraph examinations. Of those, I:,u,o applicants (8o percent)
passed and continued processing; ,,:,o applicants (:o percent)
were determined to be withholding pertinent information. When
these individuals were interviewed about their unacceptable per-
formance in the polygraph session, I,I,o (,o percent) admitted to
withholding substantive information, thereby confirming the re-
sults of the polygraph examination.
The FBI’s polygraph screening focuses exclusively on counterin-
telligence issues, the sale and/or use of illegal drugs, and the ac-
curacy and completeness of information furnished by applicants
in their employment applications. It is not a substitute for, but
o8 the lie behind the lie detector
merely one component of, a thorough and complete background
investigation. We have found that conventional investigative meth-
ods are not always capable of detecting certain national security
risks and personal suitability issues, which have been discerned
through polygraph interviews.…
Tellingly, the director of the FBI laboratory division failed to answer
Dr. Richardson’s charges on grounds of science, as Senator Grassley
had requested. Nor did Dr. Kerr state whether he disagrees with
Dr.Richardson’s charges, as the Senator had asked. Instead, Dr.Kerr
admitted that he supported polygraph screening because his boss,
Director Freeh, authorized it and because it is useful for obtaining
admissions.
Part of Dr. Kerr’s response to Senator Grassley is also misleading.
Dr. Kerr claimed that polygraph screening “is not a substitute for,
but merely one component of, a thorough and complete background
investigation.” He neglected to mention that the FBI summarily
rejects the applications of those whose polygraph charts are inter-
preted either as indicating deception or inconclusive. For them, the
polygraph is a substitute for a “thorough and complete background
check.” Moreover, the FBI shares derogatory “information” about
those who “fail” with other agencies, creating a permanent smear
and harming their prospects for employment elsewhere.
All Americans should be concerned that a director of the FBI
laboratory division—an ostensibly scientific institution—supported
the use of a procedure that, as Dr. Richardson has charged and
Dr.Kerr did not dispute—is “completely without any theoretical
foundation and has absolutely no validity.”
Despite official claims to the contrary, it also appears that the
primary purpose of the Department of Energy’s polygraph program
is simply to elicit admissions. During DOE’s public hearings on its
then-proposed polygraph regulation, then polygraph program man-
ager David M. Renzelman claimed:
on polygraph policy ou
I have a mandate from Mr. Curran and General Habiger that
we’re not interested in what people commonly refer to as pillow
talk.
Pillow talk is a slang term that is pretty much used in DOE to
describe what happens when a husband goes home or a wife goes
home and talks to their significant-other or spouse, or a friend or
neighbor or somebody, about something that’s classified.
By that we mean something that other person does not have a
clearance for, access to, or need to know.
That’s a couple of things; probably a security infraction, but
that’s not what I’m concerned about, and it’s not terribly intelligent,
because it shouldn’t be done. (U.S. Department of Energy, Iuuud)
But one DOE employee tells a story that gives the lie to Mr. Renzel-
man’s claim that DOE’s polygraph program is not concerned with
“pillow talk.” (Anonymous, :ooo):
Since I had the nagging thought of possible disclosure to my
spouse, I caved when he said that I should talk about anything
that was bothering me and that they could emphasize or even
reword the questions as needed to make me more comfortable.
So I talked about it, and although he questioned pretty hard at
first, he allayed my fears and the second set of questions went
well.
The interrogation: after a short break, we sat down again. He
said that the results were good, but there was a slight indication
on one of the repeats of one [of the] questions that something
was bothering me and he asked if I [was] thinking of the stuff I
told my [spouse]. I think he was lying, but it did not matter
because my answer was truthfully No. This lead [sic] into a thor-
ough and relentless grilling about what I may have said, when I
may have said it, did my [spouse] specifically ask any questions,
etc, etc, etc. I did not have an answer, it was just fuzzy memories
of cutting of conversations because I suddenly realized that they
were starting to get classified. I couldn’t remember any specifics.
He took copious notes and kept asking, until I halfway made
something up just to get him to stop.
The DOE polygrapher was keenly interested in this employee’s pos-
sible “pillow talk.” Since polygraph screening lacks both theoretical
,o the lie behind the lie detector
foundation and scientific validity—and stands virtually no chance
of exposing a true spy—it seems that the primary purpose of the
DOE polygraph program is, despite Mr. Renzelman’s representations
to the contrary, precisely to elicit such admissions of “pillow talk”
and other security infractions.
Interestingly, the DOE false positive rate of some :o% (see pp.
-o‒-I) corresponds precisely with DoDPI’s estimated base rate of
guilt for security violations. (Barland, Honts, & Barger, Iu8u at p.-,)
Is it mere coincidence that DOE polygraphers are finding roughly
:o% of those they polygraph to be deceptive with regard to unau-
thorized contacts (or other security violations)? Maybe. But maybe
not… Could it be that, assuming a base rate of guilt of :o% for
security violations, DOE polygraphers are simply adjusting their
scoring criteria to produce a :o% “significant response” rate, and
then grilling whoever “fails” for admissions of security violations?
Obtaining admissions is not the only reason why government
officials who know that polygraphy is unreliable nonetheless rely
on it. Convicted spy Aldrich H. Ames, in a letter postmarked
:8 November :ooo to Steven Aftergood, director of the Federation
of American Scientists’ Secrecy in Government Project, offered a
cogent analysis. From the Allenwood federal penitentiary Ames
writes:
Most people in the intelligence and CI [counterintelligence] busi-
ness are well aware of the theoretical and practical failings of the
polygraph, but are equally alert to its value in institutional, bu-
reaucratic terms and treasure its use accordingly. This same logic
applies to its use in screening potential and current employees,
whether of the CIA, NSA, DOE or even of private organizations.
Deciding whether to trust or credit a person is always an uncer-
tain task, and in a variety of situations a bad, lazy or just unlucky
decision about a person can result not only in serious problems
for the organization and its purposes, but in career-damaging
blame for the unfortunate decision-maker. Here, the polygraph
is a scientific godsend: the bureaucrat accounting for a bad decision,
or sometimes for a missed opportunity (the latter is much less
on polygraph policy ,I
often questioned in a bureaucracy) can point to what is considered
an unassailably objective, though occasionally and unavoidably
fallible, polygraph judgment. All that was at fault was some practical
application of a “scientific” technique, like those frozen O-rings,
or the sandstorms between the Gulf and Desert One in Iu8o.
I’ve seen these bureaucratically-driven flights from account-
ability operating for years, much to the cost of our intelligence
and counterintelligence effectiveness. The US is, so far as I know,
the only nation which places such extensive reliance on the poly-
graph.… It has gotten us into a lot of trouble.
Polygrapher Bias
Special Agent H.L. Byford, an FBI polygrapher, wrote in an e-mail
exchange with the webmaster of NoPolygraph.com (Byford, Iuuu):
It only gets tight, when there are indications of drug usage above
the guidelines or drug dealing. I mean, if someone has smoked
marijuana I- times, he’s done it -o times. Don’t you agree? Those
who have any doubts about how many times they used are going
to fail. Those who are certain that they only tried it once or three
times or five or whatever, will pass.…I got to tell you though, if I
was running the show, there would be no one in the FBI that ever
used illegal drugs!
By SA Byford’s own admission, an FBI applicant who reports that
he smoked marijuana say, about eight times (well within the Bureau’s
limit of I- times), but cannot precisely recall the number of times,
is going to “fail.”
Racial bias may also play a significant role in polygraph outcomes.
At a meeting in Iuuo, Dr. Gordon H. Barland, then Director of
Research at DoDPI, presented a ::-page handout to members of
the federal polygraph research community which, at face value,
suggests that innocent blacks are more likely to be found deceptive
on polygraph examinations than are innocent whites. Shortly there-
after, the DoDPI director, who attended the presentation, requested
that all of the handouts be returned or that the portion which
,: the lie behind the lie detector
referred to racial bias studies conducted by DoDPI (the last nine
pages) be destroyed.
In this study, only :,.-% of innocent black subjects were correctly
classified as being non-deceptive, which is considerably less than
the ,o.u% of whites correctly classified. This outcome has serious
implications for applicants for federal law enforcement positions
because it suggests at face value that if they tell the truth on a
polygraph exam, they would have a roughly o,% chance (if white)
and a ,,% chance (if black) of being found either deceptive or
having an inconclusive result. Either outcome would likely eliminate
them from further consideration for federal employment.
Despite DoDPI’s best efforts to suppress this study, at least one
copy survived, and it is now available on AntiPolygraph.org.
Io
Inflation/Fabrication of Admissions
Unfortunately, polygraphers have been known to inflate or even
fabricate admissions. This may be especially likely to occur when
the polygrapher believes that the charts indicate deception or simply
harbors a bias against the subject.
The case of Dr. Wen Ho Lee provides a striking example of admis-
sions inflation. Special Agent Lowe, at para. I8 of his affidavit in
support of the FBI’s request for a warrant to search Dr. Lee’s home
(Lowe, Iuuu), swore that after determining that Lee had shown
deception on two questions
[t]he polygraph examiner then gave LEE an opportunity to discuss
his answers further. During the discussion, LEE volunteered the
following new information that he had not revealed in the prior
interviews with the FBI or DOE. LEE said that during his trip to
Io
This study, along with an explanatory cover sheet, may be downloaded as a
I., mb PDF file at:
http://antipolygraph.org/documents/dodpi-racial-bias-study.pdf
the PRC in Iu8o, he was approached by WEI SHEN LI, who [sic]
on polygraph policy ,,
LEE knew to be involved in the PRC’s Nuclear Program. LI came
to see LEE, and asked if LEE could assist him in solving a problem
he (LI) was having. LEE agreed. LEE illustrated what he had pro-
vided to LI in the form of an equation to assist LI in solving his
problem. The polygrapher’s report states that LEE said that this
equation was the same used in two classified codes. LEE admitted
that his assistance to LI could have been used easily for nuclear
weapons development.
Dr. Lee, who had agreed to be polygraphed without the benefit of
legal counsel, made the mistake of trying to explain to his FBI
polygrapher why he might have physiologically “responded” to a
relevant question.
Here we see SA Lowe spinning an innocuous statement into a
damaging “admission.” Dr. Lee, trying to explain why he might
have physiologically “responded” to a relevant question, mentioned
that he had provided a Chinese scientist with a mathematical equation
in Iu8o during a DOE-authorized visit to Beijing . That this equation
was used in two classified codes does not mean that the equation
itself was classified. It wasn’t, and Dr. Lee committed no security
violation by sharing it.
But SA Lowe intimated to the judge that Dr. Lee had “admitted”
that he assisted China’s nuclear weapons development program!
SA Lowe further insinuated that Lee had been deliberately withhold-
ing this information from DOE and FBI investigators. But Lowe
failed to disclose to the court that Dr. Lee had listed the names of
the scientists with whom he met in a Iu8o trip report (Stober, :ooo),
but was asked no further questions at the time.
As former FBI special agent Mark Mallah testified during DOE’s
public hearings on polygraph policy (U.S. Department of Energy,
Iuuua):
…[I]n my experience, polygraph examiners inflate their own fig-
ures, mischaracterize what is an admission, all for the purpose of
serving their own industry.
Now, I’m not saying they’re lying. But I am saying that they
,a the lie behind the lie detector
have a strong incentive to shade all the evidence in their favor.
And also be aware that to a polygraph examiner/interrogator, a
confession is like a trophy. So the slightest sliver of anything—any-
thing that can be construed or misconstrued as damaging—that
examiner has a strong incentive to say, “I got an admission; this
person was deceptive; here’s the proof.”
Mallah, who in :ooI (after four years of waiting) obtained some
documentation of his case under the Privacy Act, provides instances
of admissions inflation/fabrication during the FBI’s polygraph-
inspired espionage investigation of him in a letter to the members
of the U.S. Senate Committee on the Judiciary (Mallah, :ooI). The
following is an example:
Background- One year into the investigation and grasping for
theories, the FBI first raised their suspicion that I had classified
documents stolen from a briefcase inside the trunk of my wife’s
car. The trunk was broken into on a Friday night while my wife
and I joined some friends for a social outing. A non-FBI friend
had his briefcase stolen as well, and we immediately reported the
theft to the police. The FBI polygraphed me (the polygraph inter-
rogator was Mark Johnson) on this incident, which had occurred
about four years prior to this polygraph.
What I said- That I was sure there were no classified documents
in the briefcase because it was my regular practice not to take
classified documents out of the office, and it was on a Friday
night, so even if my practice was otherwise, I would have no need
for any classified documents over the weekend. Johnson poly-
graphed me, then insisted that I was showing deception on this
issue. He challenged me as to how I could be so sure about it,
especially when the incident was four years ago. Did I inventory
the briefcase before it was stolen, he asked? I responded that I
could look out the window and see it was daylight, but if I did
not actually see the sun and he asked me if I was absolutely sure
that the sun was really there, then no, I could not be 100% sure
of that either, but I could be as sure as I could possibly be. The
same with the absence of classified documents in the briefcase, I
told him.
on polygraph policy ,-
The FBI Version- “Mallah admitted that he could not be 100%
certain that there were no classified documents in the briefcase
the night it was stolen. Mallah stated that he had no specific
knowledge of what classified document could have been in the
briefcase.”
Subsequent reporting on this issue, from a Special Agent in Charge
of the New York Office at the time, Carson Dunbar, stated: “Prior
to the polygraph, SA Mallah stated that ‘to the best of his knowledge,
he can ‘categorically’ state that there were no Bureau (FBI) doc-
uments, classified or otherwise, contained in that briefcase when
it was stolen (end quotes missing). After being told that his poly-
gram reflected that he was deceptive, Mallah stated that ‘he could
not be 100% certain that there were no classified documents in
the briefcase the night it was stolen.’”
The Case of David A. Tenenbaum
The case of David A. Tenenbaum seems to be one of the most
egregious instances of admissions fabrication on record. Mr. Tenen-
baum, an American orthodox Jew fluent in Hebrew, is an engineer
with the U.S. Army Tank Automotive and Armaments Command
(TACOM) in Warren, Michigan whose official duties had originally
included liaison with Israeli officials. Sometime around January Iuu,,
counterintelligence officials at TACOM came to suspect Mr. Tenen-
baum of being an Israeli spy. On I, February Iuu,, Mr. Tenenbaum
submitted to a polygraph interrogation conducted by Special Agent
Albert D. Snyder of the Defense Security Service (then the Defense
Investigative Service), who accused him of deception. A lengthy
espionage investigation ensued, but Mr. Tenenbaum was ultimately
absolved of all wrongdoing.
In a complaint filed in U.S. District Court for the Eastern District
of Michigan (Mateo, Iuuu), Mr. Tenenbaum’s attorney alleges at
para. ,a
[t]hat Agent Snyder indicated to plaintiff that he had “done other
Jews before,” including one Jew who married an Israeli. Agent
Snyder claimed to have gotten all of these “Jews” to confess, even
,o the lie behind the lie detector
though in some cases it may have taken months. Agent Snyder
claimed he would get plaintiff to confess, no matter how long it
took. Agent Snyder called plaintiff a liar and said he could tell
plaintiff was a spy just by looking into his eyes. Further, Agent
Snyder claimed that all plaintiff had to do was confess and he
would suffer only a “slap on the wrist.” Agent Snyder also spoke
about his involvement with the Jonathan Pollard case. Jonathan
Pollard (also a Jew) was a navy intelligence officer who is serving
a life sentence for his conviction of spying for Israel. In spite of
these accusations, plaintiff nevertheless tried to cooperate with
defendant Snyder. Afterwards, defendant Snyder asked plaintiff
to write out a confession, which plaintiff refused.
Mr. Tenenbaum maintains that he made no admissions whatsoever
to espionage or providing classified information to unauthorized
persons. Yet FBI Special Agent Sean Nicol, in an affidavit filed in
support of an FBI request for a warrant to search Mr. Tenenbaum’s
home (and cited in Mr. Tenenbaum’s complaint), swore in relevant
part:
(2) In conjunction with a single scope background investigation
conducted by the Defense Investigative Service (DIS), Livonia,
Michigan, as part of a security clearance upgrade for David A.
Tenenbaum, Mechanical Engineer, Combat Vehicle Team, tank
[sic] Automotive Research and Development Engineering Center
(TARDEC), US Army tank [sic] Automotive and Armaments Com-
mand (TACOM), Warren, Michigan. Tenenbaum consented to a
polygraph examination. On February 13, 1997, a polygraph exam-
ination was administered to Tenenbaum by Special Agent Albert
D. Snyder, polygraph examiner, DIS.
(3) During an interview of Tenenbaum by Snyder, after the exam-
ination, Tenenbaum admitted to divulging non releasable classified
information to every Israeli Liaison Officer (ILO) assigned to
TACOM over the last ten years. Tenenbaum stated that he inad-
vertently provided his Israeli contacts, specifically the ILOs and
Dr. Reuven Granot, Scientific Deputy Director, Israeli Ministry
of Defense (MOD), classified information from the three Special
Access Program (SAP) projects to which he had access. The non
releasable classified information provided to the Israelis by Tenen-
on polygraph policy ,,
baum includes hydra codes from the Light Armor Systems and
Survivability (LASS), ceramic armor data, Advanced Survivable
Test Battery (ASTB) data, Heavy Survival Test Battery (HSTB)
data, and patriot [sic] missile countermeasures data. Additionally,
tenenbaum [sic] admitted providing the Israelis with unreleasable
classified information regarding the Bradley tank [sic] and the
HUMV [sic].
Tenenbaum admitted that he has taken documents classified
“For Official Use Only” from TACOM to his residence, that he
has taken cover sheets labeled SECRET from TACOM to his res-
idence, and that he has taken TACOM computers to his residence,
and currently has a TACOM computer at his residence.
Mr. Tenenbaum vehemently denies the “admissions” attributed to
him in SA Nicol’s affidavit. Mr. Tenenbaum’s complaint goes on to
state:
Almost the entire contents of this affidavit are false.
37. Plaintiff never consented to a polygraph examination. He
was coerced/threatened into taking a polygraph examination.
38. Plaintiff did not admit to divulging non-releasable classified
information to any Israeli liaison officer assigned to TACOM
over the last ten years. Plaintiff merely informed defendant Snyder
that he had worked with other engineers and scientists in various
other countries and they shared information. They shared only
non-classified information and shared this information after it
was cleared by their respective superiors.
39. Plaintiff never indicated to defendant Snyder that he “inad-
vertently provided Israeli contacts, specifically, the Israeli Liaison
Officers and Dr. Reuven Granot, Scientific Deputy Director, Israeli
Ministry of Defense, classified information from three Special
Access Programs projects to which he had access.” In fact, plaintiff
had very limited access to Special Access programs and had even-
tually withdrawn from working on these programs with his super-
visor’s permission. Certainly, plaintiff never provided classified
information from Special Access Programs or classified informa-
tion from any other program to anyone.
40. Plaintiff denied indicating that he had provided non-
releasable classified information to the israelis [sic], including
HYDRA codes from the Light Armor Systems Survivability
,8 the lie behind the lie detector
(L.A.S.S.). Plaintiff did not have access to HYDRA codes, and
furthermore, L.A.S.S. was not a classified program. This was a
project that the United States, Germany and Israel were working
to jointly develop.
41. Plaintiff denied giving any classified Ceramic Armor Data
to anyone. The Ceramic Armor Data referred to in the affidavit
was to be part of the D650 Foreign Material Acquisition Program
whose funds Mr. Tenenbaum competed for and “won” and were
approved by TACOM. The purpose of this program was to buy
specific ceramic armor from a company in Israel for testing pur-
poses. Again, this was a totally unclassified program that had not
even begun at the time of the DIS interview process or the poly-
graphs. Mr. Tenenbaum did not have access to classified informa-
tion involving Ceramic Armor Data.
42. Plaintiff denied giving any advance survivable test battery
data. To the best of plaintiff’s knowledge, the type of program
referred to in the affidavit does not even exist.
43. Plaintiff denied giving any information regarding patriot
[sic] missile countermeasures data. Plaintiff has no knowledge of
patriot missile countermeasures data.
44. Plaintiff did not indicate to defendant Snyder that he had
given the Israelis non-releasable classified information regarding
the Bradley Tank and the HUMV [sic]. There is no such thing as
a Bradley Tank. This vehicle is referred to as the Bradley Fighting
Vehicle. Plaintiff reiterates that he never provided any type of
classified information to the Israelis.
45. Plaintiff denied indicating to defendant Snyder that he had
taken documents classified “For Official Use Only” from TACOM
to his residence. Plaintiff did not take classified information to
his residence. Plaintiff did have a TACOM computer at his res-
idence, but he possessed that computer with his superiors’ per-
mission and approval so that he could work out of his home.
Plaintiff could not have taken any classified documents from
TACOM since he did not have access to the safes that contained
the classified documents.
46. That in light of the false information given by defendant
Snyder to the FBI, FBI Agent Sean Nicol either knowingly swore
out a false affidavit or had been purposely mislead [sic] by defen-
on polygraph policy ,u
dant Snyder. In any event, based on this affidavit, a United States
Magistrate Judge authorized the search of plaintiff’s residence…
Incidentally, according to the American Polygraph Association
(APA) website, polygrapher Albert D. Snyder won the Association’s
William L. Bennet Memorial Award in Iu8o in “recognition of
excellence-achievement…as a token of APA appreciation for unre-
lenting efforts and display of ability in the APA interest,” and in
Iuu:, he received the Al & Dorothea Clinchard Award “honoring
extended, distinguished, devoted and unselfish service in behalf of
the APA membership.”
In :ooo, in what seems to be a clear violation of the Ist Amendment,
the FBI prohibited Dr. Drew Richardson—its then leading expert
on polygraph “testing” (he has since retired)—from providing testi-
mony about polygraphy in Mr. Tenenbaum’s behalf, or even having
any communication whatsoever with Mr. Tenenbaum’s lawyers.
(Mateo, :ooo)
Predetermined Outcomes
Government officials have also used polygraph “testing” as a pretext
for adverse action in the absence of supporting evidence. Polygraph
“tests” may be deliberately rigged to increase the likelihood of the
subject “failing.” On :,April:ooI, at the second public meeting of
the National Academy of Sciences/National Research Council Study
to Review the Scientific Evidence on the Polygraph, Dr. James Blas-
covitch, a member of the review panel, stated, “…every examiner I
asked at DoDPI, ‘If you wanted someone to fail this test, could you
have them do it, physiologically?’ They all said ‘yes.’”
Attorney Mark S. Zaid, in his prepared remarks submitted to the
U.S. Senate Committee on the Judiciary at its :- April :ooI “Hearing
on Issues Surrounding the Use of Polygraphs” (Zaid, :ooI) writes:
…[I]n Iuu,–u8, CIA polygraphers reported to the Department of
Justice’s Public Integrity Section that they were instructed by CIA
management to “fail” certain employees. Additionally, they re-
8o the lie behind the lie detector
vealed that they were taught how to sensitize examinees during
pre-testing interviews so as to create the likelihood of false positives.
Notwithstanding these sensational allegations, there is no evidence
either the CIA or Department of Justice ever conducted an inves-
tigation.
The case of former CIA lawyer Adam J. Ciralsky, a Jewish American
who came under suspicion of having provided classified information
to an Israeli national, is a good example of such polygraph “test”
rigging. In April Iuuu, National Public Radio reported (National
Public Radio, Iuuu):
Ciralsky was interrogated by CIA investigators on numerous occa-
sions and accused of a lack of candor for not disclosing that his
chaperone on a high school trip to Israel at age I-, with whom he
had not spoken in years, was an Israeli citizen. He was ordered to
take polygraph examinations, which CIA officials say he failed.
His lawyers believe that internal CIA memos show the test was
rigged. In one, an unidentified CIA official writes, “Tenet (meaning
the CIA director) says this guy is out of here because of his lack
of candor…subject is scheduled for a poly… Once that’s over, it
looks like we’ll be waving goodbye to our friend.”…
According to the internal memo, Director of Central Intelligence
George J. Tenet wanted Mr. Ciralsky fired. There could be little
doubt about what the result of Mr. Ciralsky’s polygraph “test” would
be. He “failed,” and was eventually fired in late Iuuu. Yet the CIA
has produced no evidence that Mr. Ciralsky ever provided any clas-
sified information to any unauthorized person or violated any secu-
rity regulation.
False Confessions and the Case of Abdallah Higazy
Polygraphy is also associated with the phenomenon of false confes-
sions. Sometimes, innocent persons confronted with the news that
they have failed a polygraph “test” become convinced that their
best option is to make a false confession. A recent example is the
case of Abdallah Higazy (Human Rights Watch, :oo:, pp. ,8–,u):
on polygraph policy 8I
Abdallah Higazy, a thirty-year-old Egyptian graduate student with
a valid visa, was detained as a material witness on December I,,
:ooI. A pilot’s radio had allegedly been found in the New York
City hotel room where he had stayed on September II. He was
placed in solitary confinement at the Metropolitan Correctional
Center in Manhattan.
Higazy volunteered to take a polygraph test. “I wanted to show
I was telling the truth,” he told Human Rights Watch. On December
:,, he was taken to an office in Manhattan and had a polygraph
test administered. He was then questioned more for at total of
four to five hours. The detainee stated that he was given no break,
drink, or food. His lawyer waited outside and he was not allowed
to be present during the questioning.
Higazy claimed that the interrogating agent threatened him from
the beginning: “We will make the Egyptian authorities give your
family hell if you don’t cooperate,” he recalled the agent telling
him. During the polygraph test he was asked about the September
II attacks. The agent repeated, “tell me the truth” after each of his
answers and he became increasingly anxious.
When the agent described to him about what the radio device
allegedly found in his room could do, he said he became nervous
and almost fainted. He asked the agent to stop the polygraph test
and take the cables off him, and so he did.
The FBI agent continued the interrogation even though Higazy
was not connected to the polygraph machine any more, and with-
out his counsel present. According to Higazy, the following di-
alogue occurred:
“The results of the test are inconclusive,” the agent said, “but
this never happened to anyone who said the truth.... We can
show ties between you and September II. You are smart, you are
an engineer, a pilot’s radio was found in your room; it doesn’t
take a genius to figure it out.”
“It’s not my device, I don’t know who put it there,” Higazy
replied.
“You know you have nothing to do with September II, you
were scared of the FBI and denied the radio was yours, but you
can tell the truth,” the agent persisted.
Higazy told Human Rights Watch: “I thought I was in trouble,
that I had lost the only chance to prove I was innocent.” Faced
8: the lie behind the lie detector
with the FBI’s pressure, he ultimately admitted the radio was his.
“All I wanted to do is to keep away from September II and to
keep my family away from them,” the detainee told Human Rights
Watch. After his admission, he asked for his lawyer. He felt very
tired and asked that the rest of the test be postponed.
Higazy offered to do a polygraph test again but requested that
his lawyer be present. According the Higazy, the FBI refused,
alleging that the attorney would be a disruption. Higazy refused
to do the test again without a lawyer and it was never done. He
said the interrogating agent denied in front of his lawyer that he
had threatened his family.
On January II, :oo:, Higazy was charged with lying to the FBI.
However, three days later, the owner of the radio, an American
pilot, went to the hotel to claim it. Higazy was released in his
cotton prison scrubs and given three dollars for subway fare on
January Io. The charges against him were dropped.
Higazy told Human Rights Watch: “It was horrible, horrible. I
always have the feeling of being accused of something I didn’t do.
I was crying each and every day five to seven times.”
On May ,I, :oo:, Ronald Ferry, the former hotel security guard
who produced the pilot’s radio was sentenced to six months of
weekends in prison for lying to the FBI. He admitted that he
knew that the device was not in a safe belonging to Higazy. Ferry,
who is a former police officer, said that he lied during a “time of
patriotism, and I’m very, very sorry.” The judge said that his
conduct was “wrongly motivated by prejudicial stereotypes, mis-
guided patriotism or false heroism.”
A judge is considering whether to open an inquiry into the
manner in which FBI agents obtained Higazy’s confession.
How Can They Be So Blind?
In his Iuu, Senate testimony, FBI Supervisory Special Agent Dr.
Drew Richardson (Richardson, Iuu,) provided a cogent analysis of
the institutional problems that have blinded some policymakers to
the problems of polygraphy:
I think the aforementioned problems with polygraph continue to
exist within the Bureau and elsewhere for the following reasons:
on polygraph policy 8,
1. Polygraph research (direction, funding, and evaluation), train-
ing, and operational review is controlled by those who practice
polygraphy and depend upon it for a living. This is tantamount
to having the government’s cancer research efforts controlled
by the tobacco industry. Independent scientific experts must
be (and have not been) consulted to obtain an objective view
of polygraphy.
2. Within the Bureau, polygraph examiners who have little or
no understanding of the scientific principles underlying their
practice, report to mid-level managers who are largely ignorant
of polygraph matters. These in turn report to executives, who
have real problems for which they seek needed solutions (e.g.,
the need to protect national security from the danger of espi-
onage, and the need to hire employees with appropriate back-
grounds). These executives are left unable to evaluate that
polygraph is not a viable solution and do not comprehend
that ignorance and mis-information are built into their own
command structure.
3. The fact that the human physiology is marvelously wonderful
and complex, that polygraph methods have been able to ac-
curately record this physiology for most of this century and
beyond, and the fact that computerized acquisition and eval-
uation of this data is now available, in no way compensates
for the vast shortcomings of polygraph applications and ques-
tioning formats. State of the art technology utilized on faulty
applications amounts to nothing more than garbage in, garbage
out.
As Dr. Richardson observed, ignorance and misinformation are built
into the command structure. We hope that this book will serve to
dispel that ignorance and counter that misinformation.
A Modest Proposal
Policymakers who mandate polygraph “testing” for others generally
support their decisions on the ground that the jobs of those being
“tested” are so sensitive as to justify this unusual practice: even if
it’s not scientifically valid, it’s still “better than nothing.”
8a the lie behind the lie detector
We suggest that the jobs of those who are mandating polygraph
screening for others are even more sensitive than the jobs of those
for whom they are mandating it. If polygraph “testing” is truly
necessary for those with sensitive jobs in law enforcement, intel-
ligence, and defense, then it should be a fortiori necessary for those
to whom they report. What’s good for the goose is good for the
gander.
We propose the establishment of a National Polygraph Agency
whose mission it will be to “test” all persons sworn into public
office in the United States. No person who fails to pass a polygraph
screening “test” would be permitted to assume public office, and
current office-holders would be subjected to periodic re-
examination. The President and Members of Congress shouldn’t
mind answering a few simple questions like, “Have you ever made
a campaign promise you didn’t intend to keep?” or “Has your vote
ever been influenced by a campaign contribution?” Federal judges
should not object to being asked such simple questions as, “Have
you ever allowed your personal views to influence a legal decision?”
Political appointees should have no problem with being asked, “Have
you ever made, for political reasons, a decision that was not neces-
sarily in the public interest?”
If the current -o% failure rate of the FBI special agent pre-
employment polygraph screening program were applied to Congress,
we would see some -o senators and :I, representatives expelled and
barred from holding public office. Four or five justices of the Supreme
Court would be similarly be ejected. Any innocent persons among
them would have to be written off as “acceptable losses.” After all,
national security is at stake!
Summary
Thus far, we have seen that the “Control” Question “Test” lacks
scientific “control” and is not a standardizable, specifiable “test.”
As a result, its validity cannot be determined through scientific
on polygraph policy 8-
means. The majority of psychophysiologists do not believe polygra-
phy to be based on sound scientific principle, and an overwhelming
majority believes that polygraph “tests” can be beaten through coun-
termeasures. We have also seen that governmental agencies know
this, but cynically rely on polygraphy because it is useful for eliciting
admissions from naïve and gullible subjects.
As the lie behind the lie detector becomes more and more widely
known, those agencies that rely on polygraphy will be able to fool
fewer of the people less of the time. They won’t fool you. In the next
chapter, you will learn how polygraph “tests” really work (and don’t).
chapter three
Polygraphy Exposed
justice and security through truth
—Department of Defense Polygraph Institute motto
Tests of deception, ironically, must themselves include a deceptive ele-
ment. Polygraph tests present, perhaps, the most egregious problem.
—Leonard Saxe
“I thought Oz was a great Head,” said Dorothy.
“And I thought Oz was a lovely Lady,” said the Scarecrow.
“And I thought Oz was a terrible Beast,” said the Tin Woodman.
“And I thought Oz was a Ball of Fire,” exclaimed the Lion.
“No, you are all wrong,” said the little man meekly. “I have been
making believe.”
“Making believe!” cried Dorothy. “Are you not a Great Wizard?”
“Hush, my dear,” he said. “Don’t speak so loud, or you will be over-
heard—and I should be ruined. I’m supposed to be a Great Wizard.”
L. Frank Baum, The Wonderful Wizard of Oz, Iuoo
Like the Wizard of Oz, who used deception to inspire fear, poly-
graphers, too, depend on trickery to instill fear in their subjects. In
this chapter, we will expose the little tricks used by the little men
behind the polygraph curtain.
Polygraph “tests” have three distinct phases:
1. the “pre-test” interview and “stim test”;
2. the “in-test” phase (polygraph exam);
3. the “post-test” interrogation (when applicable).
We will discuss all three phases, exposing the deception on which
the polygraph procedure depends.
polygraphy exposed 8,
The “Pre-Test” Interview
In this phase, the polygrapher will attempt to establish rapport with
you. He will ask about your background and interests, and may
well remark on something both of you have in common. He will
use information gleaned during this “pre-test” interview to choose
the “control” questions he will be asking you later, and he will also
exploit this information in an attempt to elicit admissions during
any “post-test” interrogation. In addition, the polygrapher will take
note of any damaging admissions you make.
Your polygraph examiner will next briefly explain how the poly-
graph instrument works. Here is the textbook explanation that De-
partment of Defense Polygraph Institute-trained polygraphers pro-
vide to their subjects (Dollins, Iuu,):
You may be a little nervous, especially if you have not had a PDD
[“psychophysiological detection of deception,” a more scientific-
sounding term for “lie detection”] examination before. This is
expected and is quite normal. To help put you at ease, I will
explain what the instrument is and how it works. The polygraph
is a diagnostic tool that is used to determine if a person is telling
the truth. It simply records physiological changes that take place
in your body when you are asked questions. Today, changes in
your respiration, sweat gland activity, and blood pressure will be
recorded. Please notice the two rubber tubes on the desk. One
will be placed across your chest and the other will be placed
around your abdominal area. They will be used to record your
breathing. There are two metal finger plates next to the rubber
tubes. These plates will be attached to two of your fingers and
will record your sweat gland activity. Finally, there is a blood
pressure cuff on the desk. It is the same type of cuff a doctor uses
to measure blood pressure. It will be placed on your arm and will
monitor changes in your cardiovascular activity.
These physiological changes are a result of an automatic response
system in your body. It is a response system over which you have
no control. For example, visualize yourself walking down a dark
alley late at night. Suddenly you hear a loud noise. You will in-
stantaneously decide either to remain where you are and investigate
88 the lie behind the lie detector
the source of the noise, or to flee the area, sensing danger to your
well being. Regardless of the choice you make, your body auto-
matically adjusts itself to meet the needs of the situation; your
heart may beat faster, your breathing may change and you may
break out in a cold sweat.
When you were growing up, if you are like most people, you
were raised to know the difference between right and wrong.
Quite probably, all of the adults you came in contact with--your
parents, grandparents, relatives, teachers, church officials--taught
you that lying, cheating, and stealing were wrong. Ever since you
were a young child, you have been programmed to know that
lying is wrong. Think about the first time you lied and got caught.
Remember how your body felt during that confrontation. Your
heart may have been racing or you may have been sweating.
However, the responses were automatic; your body adjusted to
the stress of the situation.
People are not always Ioo% honest. Sometimes it is kinder and
more socially acceptable to lie than to be honest - such as telling
someone you like their clothes when you really think the clothes
are awful. It is important for you to understand that even though
a lie might be socially acceptable or only a small lie, or a lie by
omission, your body still responds. The recording on the polygraph
will show only the physiological responses. It cannot know what
kind of lie you are telling. Therefore, it is extremely important
that you be totally honest… (pp. ,,‒,a)
The above explanation is carefully designed to instill fear. But like the
Wizard of Oz, the polygrapher is making believe. His explanation is
deliberately false and misleading: telling a lie may or may not result
in physiological changes measurable by the polygraph. When the
polygrapher says, “It is important for you to understand that even
though a lie might be socially acceptable or only a small lie, or a lie
by omission, your body still responds,” he really means, “It is im-
portant for me that you believe this to be true.”
Fear is an essential element of all polygraph “tests.” In its Iuua
assessment of the Ames case, the U.S. Senate Select Committee on
Intelligence reports, “A former polygrapher noted that without prop-
er preparation, a subject has no fear of detection and, without fear
polygraphy exposed 8u
of detection, the subject will not necessarily demonstrate the proper
physiological response.” (U.S. Senate Select Committee on Intel-
ligence, Iuua) But fear of being falsely accused may also entail phys-
iological responses measurable by the polygraph and result in truthful
persons being accused of deception.
The “Stim Test”
Your polygrapher will next conduct what in the polygraph trade is
commonly known as a “stimulation test” or “stim test,” though
DoDPI calls it an “acquaintance test.” Your polygrapher will tell
you that the purpose of this little demonstration is to allow him to
“adjust the instrument” and to make certain that you are “capable”
of physiologically responding if you were to intentionally tell a lie.
But this explanation is itself a lie. The true purpose of the “stim test”
is to dupe you into believing that your polygrapher can read your
mind and that the slightest deception will be detected.
In earlier times, the “stim test” was usually done with a deck of
cards. Your polygrapher would ask you to pick a card and not show
it to him. Then, while you are connected to the polygraph, he
would ask you to answer “no” to each question he asked. Suppose
you draw the jack of diamonds. Your “stim test” might go like this:
Did you pick a face card? (No.)
Did you pick a number card? (No.)
Your polygrapher nonchalantly tells you, “It’s obvious you picked a
face card.” He then proceeds to ask:
Did you pick a king? (No.)
Did you pick a queen? (No.)
Did you pick a jack? (No.)
uo the lie behind the lie detector
He then informs you, “You’ve clearly drawn a jack.” He continues:
Did you pick a spade? (No.)
Did you pick a club? (No.)
Did you pick a diamond? (No.)
Did you pick a heart? (No.)
Your polygrapher gazes into his charts and earnestly tells you, “It’s
clear you picked the jack of diamonds. No doubt about it. You’re a
‘screamer.’ You can’t tell a lie without your body giving you away.”
But what your polygrapher wouldn’t tell you is that you drew
your card from a trick deck, in which every card is the jack of
diamonds. In another version of this card trick, an assortment of
genuinely different cards is used, but the polygrapher has memorized
their order.
But nowadays, the card trick has largely given way to the “numbers
test.” In a known-solution numbers “test,” your polygrapher will
ask you to pick a number, say, from three to eight, and to write it
on a sheet of paper. If you’re right-handed, he may ask you to write
the number with your left hand. This supposedly makes the act of
your writing the number more significant to you. The number you
write will be known to both you and the polygrapher. Let’s say you
pick “4.” You write it on the slip of paper. Your polygrapher will
then write-in five additional numbers (in this case, 1, 2, 3, 5, and 6)
in a list above and below or to the left and right of the “4” that you
wrote; then he will affix the paper to the wall in front of you. Your
polygrapher will next instruct you to answer “no” each time as he
asks, “Did you write 1? Did you write 2?,” etc. And he will tell you
that when you answer “no” to the number that you wrote, you are
to look at that number on the wall and to consciously think about
having chosen it and written it down, and then to deliberately lie
and say “no.”
Did you write 1? (No.)
Did you write 2? (No.)
polygraphy exposed uI
Did you write 3? (No.)
Did you write 4? (No.)
Did you write 5? (No.)
Did you write 6? (No.)
Whether you showed any discernible reaction while “lying” or not,
your polygrapher will attempt to convince you that you are not
capable of lying without the polygraph instrument detecting it. This
is how DoDPI instructed examiners to explain the “stim test” to
volunteers in a recent research project (Dollins, Iuu,):
Administer a standard known solution numbers test-- using the
rationale below. DO NOT show the test to the examinee, but
convince the examinee that deception was indicated. NOTE: be
sure to use the word acquaintance or demonstration test when
discussing this with the examinee.
I’m now going to demonstrate the physiological responses
we have been discussing. This test is intended to give you
the opportunity to become accustomed to the recording
components and to give me the opportunity to adjust the
instrument to you before proceeding to the actual test. In
addition, this test will demonstrate to me that you are
capable of responding and that your body reacts when
you knowingly and willfully lie.
The standard four components (two pneumograph tubes, electro-
dermal plates, and cardiovascular cuff) are attached at this time,
followed by the acquaintance test. The acquaintance test should
be conducted in the manner taught at DoDPI.… The results will
be discussed with the examinee as follows:
That was excellent. It is obvious that you know lying is
wrong. You’re not capable of lying without your body
reacting. You reacted strongly when you lied about that
number. Even though I asked you to lie and it was an
insignificant lie, you still responded. That will make this
examination very easy to complete as long as you follow
my directions.
u: the lie behind the lie detector
Don’t be your polygrapher’s fool. The lie detector cannot detect lies
(it only records physiological data), and your polygrapher cannot
read your mind. The most “prestigious” polygraph school, the De-
partment of Defense Polygraph Institute, churns out polygraphers
after a mere -:o-hour (Ia-week) course of instruction. Mind reading
is not on the DoDPI curriculum.
Reviewing the “Test” Questions
Next, your polygrapher will review with you all the questions that
he will be asking you while you are hooked up to the machine. The
polygrapher will ask you if there is anything that is bothering you
that you think you should mention before the polygraph “test”
begins, and any admissions will be duly noted.
As a rule (not always strictly followed), polygraphers are prohibited
from asking questions about religious and political beliefs and sexual
matters. However…
CIA Applicants Beware!
Both CIA and NSA use a broader “life-style” polygraph screening
“test.” CIA polygraphers in particular seem to have a prurient interest
in the private lives of those they interrogate. In Iuu,, one CIA ap-
plicant, whose wife had recently left him, was asked the following
mix of questions during the “pre-test” phase of his pre-employment
polygraph screening:
• Have you ever participated in groups advocating the over-
throw of the U.S. Government?
• Have you ever performed services for another intelligence
service?
• Do you masturbate?
• What do you think about while masturbating?
• Have you ever had sex with another man?
• Have you ever thought about having sex with another man?
polygraphy exposed u,
• Have you ever killed another person?
• Have you ever thought about killing another person?
• Have you ever thought about killing yourself?
• Do you lie?
• How much do you lie? Daily? Weekly?
• Would you lie to make yourself look better, if you knew you
wouldn’t get caught?
• Why did your wife leave you?
• Couldn’t you satisfy your wife sexually?
• Has she or any other woman accused you of being unable
to satisfy them?
• Have you ever cheated on your wife?
• Have you ever thought about cheating on your wife?
• Do you daydream?
• Would you consent to us medicating you for continued
examination?
• Have you ever thought about having sex with your mother?
• Have you ever bounced a check?
• Have you ever been arrested for DUI?
• Should you have been?
In an article about the CIA’s polygraph program published in the
:,NovemberIuuo issue of The Independent, Daniel Jeffreys reported:
Sarah, a case officer, found the inquisitors at “The Farm”, the
CIA’s headquarters in Langley, Virginia, persistently curious about
her private life. She describes her last polygraph, in July, as an
exercise in abuse and intimidation. “They kept coming back to
my sex life,” she says. “They asked how many times we have sex
in a month, what kind of sex we have, what kind of positions,
what I was wearing. How can I have a normal sexual relationship
now, knowing that whatever I do in bed I may be asked to describe
in detail to one of my superior officers?”

Case officer “Mary” is a good example. On assignment in Turkey
she fell in love. When it came to her polygraph test, officers took
her through a list of the most perverse sexual acts, asking her if
ua the lie behind the lie detector
she had ever practised them with her new boyfriend. “I felt there
was a degree of sexual harassment involved,” she says. “I think
the interrogators got a kick out of asking the questions. My feeling
was that it was no way to treat a fellow professional. With the
prospect of similar tests at least every two or three years, I decided
to resign.”

In Iuu- Jane, on a posting in Asia, met a foreigner and they fell
in love. When she reported the relationship, as required by CIA
regulations, she was subjected to repeated polygraphs of a most
intimate nature. “I passed every one,” she says. “Whatever they
asked, I was clean.” Then Jane decided she wanted to marry.
“The Agency told me my fiance must take a polygraph. He did,
and he failed. He’s not an intelligence professional, and I think
he was just spooked.”
Jane was given a choice: dump the man or leave the Agency.
She chose the man. “I have plenty of marketable talents and I can
survive without the CIA” she says. “The question is, can the CIA
survive without me, and the hundreds of people like me who
think the senior officers have made conditions intolerable because
they can’t risk another Aldrich Ames?”
If you are considering going to work with the CIA, you may wish to
ponder just how intimate a relationship you are willing to have
with your Government.
Question Types
“Control” Question “Tests” consist of three distinct kinds of ques-
tions: relevant, irrelevant, and “control” questions.
Relevant Questions
These questions have directly to do with the matter at hand. In
specific issue “tests,” they deal directly with the crime under investi-
gation. If, for example, you are suspected of leaking an embarrassing
memo, then the relevant questions asked during your polygraph
examination could well be:
polygraphy exposed u-
1. Do you suspect someone of leaking that memo?
2. Do you know who leaked that memo?
3. Did you leak that memo?
With polygraph screening, the relevant questions are more general.
Let us take the FBI’s polygraph screening program as an example.
Former FBI laboratory division director Dr. Donald M. Kerr men-
tioned in his letter to Senator Grassley (Kerr, Iuu,), “The FBI’s
polygraph screening focuses exclusively on counterintelligence is-
sues, the sale and/or use of illegal drugs, and the accuracy and
completeness of information furnished by applicants in their em-
ployment applications.” If you are an applicant for employment
with the FBI, then your relevant questions could very well be:
1. Has any group or organization directed you to seek employ-
ment with the FBI?
2. Have you ever been in contact with anyone from a non-US
intelligence service?
3. Have you ever provided classified information to any unau-
thorized individuals?
4. Have you ever sold any illegal drugs?
5. Have you violated the FBI guidelines concerning the use of
illegal drugs?
6. Have you deliberately withheld any important information
from your application?
If you are a Department of Defense or Department of Energy em-
ployee facing a security screening polygraph interrogation, your
relevant questions might very well be:
1. Have you had unauthorized contact with a foreign national?
2. Have you provided classified information to an unauthorized
person?
3. Have you committed an act of espionage against the United
States?
uo the lie behind the lie detector
4. Have you committed an act of sabotage against the United
States?
The “Sacrifice” Relevant Question
In some polygraph formats, the first relevant question—whether
probable- or directed-lie—is what is known as a “sacrifice” relevant
question. That is, although the question is relevant, it is not scored.
The polygrapher assumes that truthful persons might physiologically
respond to the first relevant question simply by virtue of its being
the first one.
The sacrifice question is usually something along the lines of,
“Do you intend to answer all questions truthfully?” This is how
DoDPI has instructed examiners to explain the sacrifice relevant
question while administering the directed-lie “Test” for Espionage
and Sabotage (Dollins, Iuu,):
Explain and review the sacrifice relevant question. The sacrifice
relevant may be reviewed as the first relevant question or as the
last (third) relevant question. Provide a rationale for the sacrifice
relevant question (e.g. “I need to ensure that you intend to be
truthful to the security questions, so I am going to ask you…”).
The rationale may depend on whether the sacrifice relevant is
reviewed as the first or third relevant question.
Use one of the following sacrifice relevant questions (the first is
preferred).
Do you intend to answer the security questions truthfully?
Regarding the security questions, do you intend to answer
truthfully?
Note that the rationale for the sacrifice relevant question that the
polygrapher provides to the subject is false and misleading. The
question is not intended to “ensure that you intend to be truthful
to the security questions,” and is not scored at all.
Note also that in this particular case, the polygraph examiner asks
the subject if he intends to answer the security questions truthfully
polygraphy exposed u,
rather than if he intends to answer all questions truthfully. This is
because in the directed-lie “Test” for Espionage and Sabotage, the
subject will be instructed to answer the “control” questions untruth-
fully, as we shall see below (p. IoI).
“Control” Questions
These questions are more general, and come in two distinct varieties:
“probable-lie” and “directed-lie.” The probable-lie format is by far
the most common and is used in both pre-employment polygraph
screening and in criminal interrogations. Virtually all federal, state,
and local law enforcement agencies that rely on polygraph screening
use the probable-lie format, while the directed-lie format is used by
the Departments of Defense and Energy for polygraph screening.
In addition, some private polygraphers employ a mix of probable-lie
and directed-lie “control” questions.
As noted in Chapter I, the “control” questions in “control” question
“tests” do not provide any kind of “control” within the scientific
meaning of the word. Although polygraph researchers are increas-
ingly using the more descriptive term, “comparison questions,” they
are still commonly called “control questions” in polygraph circles.
We will use both terms interchangeably.
Probable-Lie “Control” Questions
In a probable-lie “Control” Question “Test,” the polygrapher will
tell you that you must answer all questions truthfully, but he actually
assumes that you will be deceptive when answering the “control”
questions. He will deceive you about that expectation.
The OTA report (Scientific Validity of Polygraph Testing, Iu8,)
explains at p. :o:
The polygraph examiner does not tell the subject that there is a
distinction between the two types of questions (control and rele-
vant). Control questions are described as intending to determine
if the subject is the “type of person” who would commit a crime
u8 the lie behind the lie detector
such as the one being investigated.… The examiner stresses that
the subject must be able to answer the questions completely with
a simple “yes” or “no” answer, that the polygraph will record any
confusion, misgivings, or doubts, and that the subject should
discuss any troublesome questions with the examiner.… Thus,
the situation is set up such that the subject is persuaded that the
examiner wants the truth. In reality, however, the examiner wants
the subject to experience considerable doubt about his or her
truthfulness or even to be intentionally deceptive.…
“Control” questions tend to be broad and sweeping, spanning a
long period of time. Common “control” questions include:
• Have you ever lied to a loved one?
• Have you ever taken something that does not belong to
you?”
• Since the age of I8, have you ever considered hitting someone
in anger?
Since most everyone can answer “yes” to all of these questions, the
typical examinee will admit to one or two minor transgressions.
The polygrapher will then move to contain these admissions, in
order to leave you with the uneasy feeling that you haven’t told all.
The polygrapher accomplishes this by trying to convince you that
any further admissions on these questions will call your character
and integrity into question, and that you would end up failing the
“test” before it even begins.
Following limited admissions, the “control” questions often end
up structured as, “Other than what you told me, have you ever lied
to a loved one?” The theory is that when you answer the question
“no,” you must still be withholding something, or at least feel uneasy
about not remembering some incident from long ago. The poly-
grapher treats your response to this question as though it were a lie.
The polygrapher assumes that if your physiological responses as
measured by the polygraph are stronger when answering a relevant
question (e.g. “Have you violated this agency’s guidelines concerning
polygraphy exposed uu
the use of illegal drugs?”) than when answering the “control” ques-
tions (e.g. “Have you ever lied to a loved one?”), then you must
have been deceptive in answering the relevant question. If your
physiological responses while answering the “control” questions are
greater, then you must be telling the truth in answering the relevant
question. And if your physiological responses while answering the
relevant and “control” questions are about the same, then the out-
come will be deemed inconclusive. If these assumptions seem overly
simplistic to you, you’re right. As we stated at the beginning of
Chapter I, polygraphy is not science: it is codified conjecture mas-
querading as science.
Perversely, it is the conscientious examinee who, at the polygraph
examiner’s behest, “discuss[es] any troublesome questions with the
examiner” and then answers the “control” questions truthfully (and
as a result exhibits weaker physiological responses to them than to
accusatory relevant questions like, “Are you a spy?”) that is most
likely to be found deceptive! As Honts (IuuI) notes:
…Lykken…has persuasively argued that the individual who tries
to be truthful during a pre-employment polygraph examination
and who, at the examiner’s urging, bares all of his or her past
wrongdoing, is the very individual who is most likely to be rejected
by the preemployment screening process, whereas the individual
who makes minor admissions and then dishonestly maintains his
or her innocence is more likely to be given the benefit of the
doubt and passed through.… (p. u8)
This bias against the most honest individuals applies to all probable-
lie “control” question “tests”—whether pre-employment or other-
wise. Ironically, in every polygraph examination, at least one person
truly is deceptive: the polygraph examiner!
Recognizing “control” questions may be made easier because the
polygraph examiner will often emphasize them as he explains the
questions he will be asking you. For example, if one of your “control”
questions is going to be “Have you ever lied to loved ones?” your
polygrapher may very well give you a short sermon on the virtues
Ioo the lie behind the lie detector
of honesty (ironic, isn’t it?) and expound about how experience has
shown that the same people who would lie to a loved one turn out
to be the very same kind of people who would commit the crime
that is under investigation or the behavior that is being screened
for.
In a probable-lie “test,” such as the one in our example where
you are suspected of leaking a memo, or where you are an applicant
for employment with the FBI or U.S. Secret Service, you may well
encounter “control” questions such as:
1. Have you ever lied to a supervisor?
2. Have you ever lied to loved ones?
3. Have you ever lied to parents, teachers, or the police?
4. Have you ever lied to get out of trouble?
5. Did you ever reveal anything told to you in confidence?
6. Did you ever cheat in school?
7. Did you ever cheat in college?
8. Did you ever betray the trust of a friend or relative?
9. Did you ever steal anything from an employer? (Note, however,
that any question about stealing money from an employer is a
relevant, not a control question!)
10. Do you sometimes intentionally mislead or deceive your
friends?
11. Are you a really honest person?
12. Are you absolutely trustworthy?
13. Do you think you are smarter than most people?
14. Are you an untrustworthy person?
15. Are you a dishonest person?
And if you consume alcoholic beverages and drive a car, you may
well be asked:
16. Have you ever driven while under the influence of alcohol?
This may seem like a relevant question, but it’s not. Your polygrapher
assumes that anyone who drinks and has a driver’s license must
polygraphy exposed IoI
have difficulty to honestly say he’s never driven while under the
influence of alcohol.
Other “control” questions commonly used in probable-lie “con-
trol” question “tests” that may at first seem like relevant questions
are:
17. Is there anything in your background that you are afraid that
our investigator might find out?
18. Have you ever done anything that would embarrass you if
your parents found out?
19. Have you ever done anything you would be embarrassed to
tell me about?
In addition, if, like most people, you initially admit to having told
some white lies, your polygrapher may rephrase the question as:
20. Have you ever lied about anything serious?
Don’t be fooled. It’s still a control question. Your polygrapher expects
that your denial will still be a lie, or that you will at least feel anxiety
over whether your denial is completely truthful. Similarly, if your
polygrapher rephrases, “Did you ever cheat in school?” to “Did you
ever cheat in college?” it’s still a “control” question.
Directed-Lie “Control” Questions
Directed-lie “control” questions differ from probable-lie “control”
questions in that the subject is not misled into believing that the
directed-lie question must be answered truthfully. Instead, the subject
is instructed to “lie” in response to the directed-lie “control” question,
which is introduced as a “diagnostic” question. (As we mentioned
earlier [p. u,], directed-lie “control” questions are used primarily
by the Departments of Defense and Energy for polygraph screening.)
Here are DoDPI’s textbook instructions on how polygraph examiners
are to explain directed-lie “control” questions to subjects (Dollins,
Iuu,):
Io: the lie behind the lie detector
Explain and review the directed lie comparison questions. Use
the following explanation as a guideline.
I am now going to discuss the second type of question,
the diagnostic questions. As I explained earlier, when you
lie your body responds and I will be able to see the response,
just as I did during the demonstration. If, however, you
were given a test and I saw no responses to any of the
questions, it would look like you were telling the truth.
For various reasons (sick, tired, using some medication)
some people lose their capability to respond. Consequent-
ly, I must ask some questions that demonstrate you con-
tinue to have the capability to respond when you are
lying and that you do not respond when you are telling
the truth.
First I will review those questions used to determine if
you are capable of responding when you lie. I already
know the answer to these questions because we all have
done these things at one time or another. When I ask the
question I want you to think of an occasion when you
did this--don’t tell me about it, just think of a specific
time. Then lie to me and say no.
Before each question preface it with--we have all (e.g.
violated traffic laws)--you have haven’t you (they should
answer yes)--of course. Now think of a specific incident
(don’t tell me). When I ask you ‘Did you ever violate a
traffic law’ I want you to lie to me and say “NO.” When I
ask you this question on the test--I want you to think of
that incident when you lie to me.
Although directed-lie “control” questions are less devious than
probable-lie “controls,” the explanation provided to the subject is
nonetheless false and misleading:
1. “…[W]hen you lie your body responds and I will be able to
see the response, just as I did during the demonstration.”
Your body may or may not produce physiological responses mea-
surable by the polygraph when you lie.
polygraphy exposed Io,
2. “For various reasons (sick, tired, using some medication) some
people lose their capability to respond.”
If you were to “lose [your] capability to respond” physiologically,
you would have such severe health problems as would preclude
you from sitting for a polygraph exam. If you are physically
capable of sitting down for a polygraph “test,” your body is “ca-
pable” of responding physiologically.
3. “…I will review those questions used to determine if you are
capable of responding when you lie.”
When you answer a question falsely as instructed, you are not
“lying.” Any responses measured by the polygraph when you
answer the directed-lie “control” questions have nothing to do
with deception.
The true purpose behind the “directed-lie” questions is to cause
you to feel anxiety about whether you are providing appropriate
physiological responses while answering these “control” questions.
The polygrapher assumes that if you are truthful in your answers to
the relevant questions, then your anxiety while answering the
directed-lie “control” questions will result in stronger physiological
responses than when you answer the relevant questions.
Professor Honts (Iuua) has described the rationale behind the
Directed-Lie “Control Test” (DLCT) thus:
…The rationale of the DLCT is similar to that of the CQT
[“probable-lie” “Control” Question “Test”] except that the com-
parison question, the one expected to elicit response from the
innocent, is a known lie. For example, the examiner may ask,
“Have you ever told a lie, even one time in your life?” The subject
initially answers “yes,” but is then directed to answer “no” during
the examination. In the DLCT, truthful and deceptive subjects
are expected to respond differentially to the relevant and directed-
lie questions.
The directed-lie control questions are prepared in the following
manner. A subject is told that it is important for comparison
Ioa the lie behind the lie detector
purposes that he or she answer some of the questions on the test
deceptively. The examiner also tells the subject that it is critical
that he or she respond appropriately when lying. However, the
nature of appropriate responding is not defined for the subject.
Finally, the subject is told that if he or she does not react ap-
propriately to the directed-lie questions, the examination will be
inconclusive and will have to be repeated at another time. In this
case, differential reactivity is expected because the innocent sub-
ject’s attention has been focused on the directed-lie questions by
the examiner’s instructions and by concern over responding ap-
propriately. The DLCT is evaluated in the same manner as the
CQT.
As with probable-lie “control” question “tests,” the polygrapher
assumes that if your physiological responses when answering a rele-
vant question are greater than when answering the directed-lie “con-
trol” questions, then you must have been deceptive in answering
the relevant question. If your physiological responses while answering
the “control” questions are greater, then you must be telling the
truth in answering the relevant question. And if your physiological
responses while answering the relevant and “control” questions are
about the same, then the outcome will be deemed inconclusive.
Again, this is codified conjecture, not science.
You may wish to ponder which would cause you the greatest
physiological response: a) falsely denying having ever told a lie in
your entire life, as instructed by your polygrapher or b) truthfully
denying having had contact with a foreign intelligence service, know-
ing that your trustworthiness is being assessed based on the pseudo-
science of polygraphy.
The directed-lie polygraph screening format adopted by the De-
partment of Defense in Iuu, and the Department of Energy in Iuuu
is called the “Test for Espionage and Sabotage” (TES). The directed-
lie “control” questions used in the TES—which questions you will
be instructed to answer falsely—may include:
polygraphy exposed Io-
1. Did you ever take any government (company) supplies for
your personal use?
2. Did you ever violate a traffic (fishing, hunting, boating) law?
3. Did you ever say something derogatory about another person
behind their back?
4. Did you ever violate a software copyright law?
5. Did you ever say something that you later regretted?
6. Did you ever lie to a previous supervisor about anything?
7. Did you ever borrow anything and forget to return it?
8. Did you ever lie to a co-worker about anything at all?
9. Did you ever say anything in anger that you later regretted?
10. Did you ever brag about yourself to impress others?
Hypothetical “Control” Questions
A third kind of “control” question is the “hypothetical control”
question that is intended to produce a reaction in truthful subjects
by causing them to ponder how they would handle a hypothetical
situation. This kind of “control” question has been used especially
in pre-employment screening. Examples include, “In the future,
would you steal something from (name of employer) if you had the
chance?” and, “Would you lie to even one of these questions if you
thought you could get away with it?” (Wygant, Iu8o)
Concealed “Control” Questions
A fourth kind of “control” question is the “concealed” control ques-
tion, which is found in a polygraph technique known as the DoDPI
General Question “Test” (GQT), which is no longer taught by DoDPI.
This format outwardly appears to consist of relevant and irrelevant
questions only, but near the beginning, the polygrapher asks, “Do
you intend to lie to any of the questions on this test?” and near the
end, the polygrapher asks, “Have you lied to me in any way since
we have been talking today?” The polygrapher uses these “concealed”
Ioo the lie behind the lie detector
control questions as a basis of comparison with the relevant ques-
tions. (Matte, Iuuo)
Irrelevant Questions
Irrelevant questions are concerned with nothing of importance. In
both probable-lie and directed-lie “tests,” the subject is instructed
to answer these questions truthfully. DoDPI teaches polygraphers
to explain irrelevant questions thus (Dollins, Iuu,):
…Explain and review the irrelevant questions. Use the following
explanation example as a guideline.
The final diagnostic questions you may hear are ones you
will answer truthfully so that I can see how you are re-
sponding when you tell the truth. It will be obvious that
you are telling the truth.…
The rationale provided to the subject is a lie. The purpose of the
irrelevant questions is not so that your polygrapher “can see how
you are responding when you tell the truth.” In both probable- and
directed-lie “control” question “tests,” the irrelevant questions are
not scored at all!
Irrelevant questions commonly appear at the beginning of a poly-
graph question series (usually the first two questions) to soak up
the initial stress of the polygraph interrogation. As with the sacrifice
relevant question, polygraphers expect that even truthful subjects
may react to the first questions in a series merely because they are
first. Irrelevant questions are also used as buffers between various
scored questions (that is, relevant and “control” questions).
Common irrelevant questions include:
1. Are you now in (name of the state in which you are located)?
2. Is today (today’s date)?
3. Do you sometimes drink water?
4. Are you sometimes called (your name)?
polygraphy exposed Io,
Symptomatic Questions
Another kind of question you may encounter is what polygraphers
call “symptomatic” questions. Such questions are normally worded
along the lines of, “Are you completely convinced that I will not
ask you a question during this chart that has not already been
reviewed?” or, “Is there something else you are afraid I will ask you
a question about even though I told you I would not?” Some poly-
graphers believe that an inconclusive outcome may result when a
subject is more worried about some outside issue being raised than
about any of the relevant or “control” questions. If a polygrapher
scores a chart as inconclusive but notes a reaction to a symptomatic
question, he may again reassure the subject that no questions about
outside issues will be asked and run a new chart. (Capps et al., Iuu,)
The “In-Test” (Polygraph) Phase
The examiner fits a blood pressure cuff around your arm (he may
alternatively attach a transducer set to your thumb), metal contacts
on your ring and index fingers, and pneumograph tubes around
your torso and abdomen. He will ask a series of usually about ten
questions and instruct you to keep your eyes open, remain still, and
answer “yes” or “no” to each question. Your polygrapher will ask
the questions at intervals of about ,o seconds, and will probably
repeat the question series two or three times. In between question
series repetitions, your polygrapher may leave the room for about
I- minutes to “examine the charts” (and to let you sit and stew
about your fate), then return to interrogate you about why you
may have been “responding” to a certain question before he proceeds
to the next series. By the way, when the examiner leaves the room,
don’t assume that you are alone. You may well be under observation
from behind a two-way mirror, which may be disguised as a picture
or even a fish tank. (If your polygrapher assures you that there is no
one behind the mirror, you may rest assured that someone most
Io8 the lie behind the lie detector
probably is.) Alternatively, the room may contain a hidden video
camera. One polygrapher (Anonymous, n.d. b) writes:
At one location the [police] department video tapes all polygraph
interviews. The tests are given on location at the department. A
tiny camera is hidden in a speaker hole of a radio sitting on a
desk. All actions are monitored by an administrator at the time
of the interview, and the video tapes are also forwarded to the
background investigator.
Depending on the number of issues being investigated, you may be
asked more than one series of questions. For example, the FBI and
U.S. Secret Service probable-lie pre-employment polygraph “tests”
as well as the Department of Defense directed-lie polygraph screening
“test” include two distinct series of questions.
Chart Scoring
The illustration on p. u, shows a portion of a typical polygraph
chart recording. From top to bottom, the tracings on the chart
represent I) thoracic breathing, :) abdominal breathing, ,) electro-
dermal activity (galvanic skin response), and a) cardio activity (rel-
ative blood volume and heart rate).
The vertical lines on the graph paper are spaced half an inch apart
and represent five seconds in time. (Charts are rolled at the rate of
six inches per minute.) The pairs of short vertical lines hand drawn
at the bottom of the chart (which resemble the Arabic numeral
“II”) represent the beginning and ending of the asking of a question.
When the polygrapher begins asking a question, he places the first
vertical stroke at the bottom of the chart. When he is finished
asking the question, he places the second vertical stroke. A minus
sign (-) indicates that the subject answered the question “no” and a
plus sign (+) indicates that the subject replied “yes.”
polygraphy exposed Iou
Portion of a polygraph chart, recorded on an analog
(non-computerized) polygraph instrument.
IIo the lie behind the lie detector
Polygraph charts are scored by comparing reactions to relevant ques-
tions to reactions to control questions. As of mid-:ooa, the Depart-
ment of Defense Polygraph Institute recognized a total of :o scorable
reactions (down from :: a few years earlier). The four reactions
marked with a question mark were being considered for elimination
in mid-:ooa. At the time of writing (March :oo-) it is not known
whether they are still in use:
Respiratory reactions
1. Apnea (blocking)
2. Decrease in rate
3. Respiration inhalation/exhalation ratio change
4. Decrease in amplitude
5. Progressive decrease in amplitude
6. Increase in rate (?)
7. Increase in amplitude (?)
8. Progressive increase in amplitude and return to homeostasis
9. Progressive increase in amplitude followed by a decrease in
amplitude (?)
10. Temporary change in baseline (? decrease in baseline was being
considered for removal)
Electrodermal reactions
1. Amplitude change
2. Complex response
3. Response duration and return
Cardio Reactions
1. Baseline increase and decrease
2. Baseline increase
3. Amplitude increase
4. Amplitude decrease
5. Amplitude decrease
polygraphy exposed III
6. Rate increase
7. Rate decrease
These reactions are illustrated in the DoDPI document “Test Data
Analysis” which is available on the AntiPolygraph.org website. This
document also describes the DoDPI seven-position scoring scale.
In this system of numerical scoring, reactions to each relevant ques-
tion are compared with reactions to an adjacent “control” question.
I,
A relevant/“control” pair is known as a “spot.” When a reaction to
one question is subtly greater than the corresponding reaction to
the other question in the spot, a value of “1” is assigned. If the
reaction to one question is obviously greater, then a value of “2” is
assigned. If the reaction to one question is dramatically greater,
then a value of “3” is assigned. And if both reactions are equal, then
a value of “0” is assigned. When the reaction to a “control” question
is greater, a positive (+) value is assigned to the numerical score,
and when the reaction to a relevant question is greater, a negative
(-) value is assigned.
Scores for reactions to the two pneumograph tracings are combined
by taking the average. For example, if the upper tracing (thoracic
breathing) is scored as +1 and the lower tracing (abdominal breath-
ing) is scored as -1, then the combined score is 0. If both upper and
lower pneumograph tracings are scored as +1, then the combined
score would remain +1.
The combined pneumograph score is then added to the values
assigned to the electrodermal and cardiovascular tracings to yield a
spot score. Each spot receives a score, and the spot scores from
each chart are added together to yield a spot total for each spot.
I,
Reactions that can be attributed to some cause other than the asking of a
question (for example, the subject sneezed, coughed, took a deep breath, or
moved) are termed “artifacts” and are not scored.
The sum of all spot totals yields the grand total.
II: the lie behind the lie detector
Different formats have different cutoff scores for determinations of
“deception indicated” (DI), “no deception indicated” (NDI), or
“inconclusive” (INC). But in general, it is advantageous to have a
positive score for each spot total, and the higher the grand total, the
better.
I8
The “Post-Test” Interrogation
If the polygrapher suspects you of deception (and sometimes not),
he or she will confront you with the polygraph charts and seek to
obtain a confession from you. Interrogation techniques vary, but
typically, the polygrapher will ask you to explain why you reacted
strongly to a particular question. If you have truly responded strongly
to a relevant question, no explanation short of a confession or
damaging admission is likely to suffice. If the examiner is just bluffing,
your truthful denials will be adequate, the examiner’s doubts not-
withstanding.
In trying to obtain an admission, your polygrapher may try the
following approaches (Janniro, IuuI):
• They didn’t bring me here to ignore my report. The test
confirms that you haven’t been completely truthful. Your situation
will only get worse if we don’t get this cleared up.
• The only thing that will help you now is to be completely
truthful. When a person hides something or lies they usually regret
it later on when the truth comes out… like it will in this situation.
• We’ve all been in situations when we withheld something
I8
It is beyond the purview of this book to provide a detailed tutorial on
polygraph chart scoring. For further reading, see the American Polygraph Associ-
ation (APA) quarterly publication, Polygraph, Vol. :8 (Iuuu), No. I. This special
issue is devoted to chart interpretation. In addition, for discussion of the notations
used on polygraph charts, see Jimmy Swinford’s article, “Tech Talk: Polygraph
Chart Markings” in the APA Newsletter, Vol. ,: (Iuuu), No. -.
or told a lie about something that didn’t seem too bad. But then,
polygraphy exposed II,
we had to tell another lie and another lie and another until the
whole story fell apart.
• It is no longer an issue as to whether you did this or not.
The only things left to discuss are why and how you got involved
in this matter. In fact it is really an insult to my intelligence for
you to tell me that you have been completely truthful here today.
• I promised that I would be honest with you here today [!]
and you promised me the same thing. You and I both know that
you haven’t been truthful now. I could respect you more if you
just told me that you don’t know how to deal with this… that
you don’t want to confess.
• If you were to show me a picture of someone close to you, I
could never persuade you that it was someone else. These charts
are like a picture of truth or deception and we can’t change them
no matter what we say.
• A lie is like a cancer inside of you that eats away at you and
never goes away until it is taken out. Then the body can get well.
The examples above are from the DoDPI “Interview and Interroga-
tion” handbook, which is available on AntiPolygraph.org and will
make interesting reading for anyone facing polygraphic interroga-
tion.
The late Raymond J. Weir, Jr., former head of the NSA polygraph
program and past president of the American Polygraph Association,
has described a favorite NSA “post-test” interrogation approach
(Weir, Iu,a):
We have a standard interrogation procedure where the examiner
looks at the charts, looks at the subject, shakes his head, and says
sadly, “I’d like to believe you, Mr. Jones. You do sound sincere to
me. But how can I believe you, when you don’t believe yourself?
You can lie to me, and I don’t know you well enough to tell. But
you can’t lie to yourself—and that’s what I’m getting on these
charts.” (pp. I-a–--)
IIa the lie behind the lie detector
Veteran polygrapher Leonard H. Harrelson, president of the Keeler
Polygraph Institute in Chicago since Iu--, offers a particularly outra-
geous ploy in describing what he terms the “unexpected” or “shock”
approach (Harrelson, Iuu8):
…the imagination and the role-playing ability of the examiner is
given free reign. This approach would include such tactics as
suddenly shutting off the instrument in the middle of a test,
removing the attachments from the subject and requesting that
he get down on his knees to join you in praying for his soul and
courage to tell the truth. This approach, if used with sincerity
and conviction, can carry a tremendous psychological impact on
certain subject types. (p. Io-)
It should be noted that both Weir and Harrelson openly admit that
truth versus deception cannot be determined from the analysis of
polygraph charts. In the above-cited article, Weir writes:
I have…heard experienced examiners get mousetrapped into a
discussion as to whether there is some mysterious difference be-
tween the reactions created by lies and those from strong emotions,
such as fear or anger. All I know is that I know of no way to make
this distinction, merely from chart patterns. (p. I:a)
And in his previously-cited book, Harrelson concedes:
Polygrams [polygraph charts] are polygrams. They measure and
record physiological reactions. And they do so very well, but one
cannot look at a polygram and say, “That is a lie.” It may be a
reaction, but no one can say that it is a lie. An examiner may
interpret a reaction to be a lie, but in actual practice, the examiner
is also observing the subject, listening to verbal explanations, and
making a judgment about the person’s truthfulness. Some exam-
iners are simply better at this than others.
Because of their experience in talking with people and their
success in obtaining confessions, polygraph examiners may come
to feel confident about making a determination of truth or decep-
tion based on their charts. Indeed, if a person is reacting, it is the
examiner’s job to determine why and to obtain a confession if
polygraphy exposed II-
they believe that deception is the cause of the reactions. But without
a confession, polygrams are still just polygrams. (p. I-8)
Accusations of Deception to “Control” Questions
In some cases, a polygrapher may accuse an examinee of deception
with regard to one or more of the probable-lie “control” questions.
One purpose for doing this is to “sensitize” the examinee to them
in an attempt to keep him/her reacting to them during successive
question series. This would actually have the expected effect of “help-
ing” the subject to pass.
But such accusations also serve a secondary purpose. Examinees
who answer the probable-lie “control” questions dishonestly may
be surprised to later learn that they passed. They may come to
believe that they got away with lying on their polygraph examinations
and lose their fear of the polygraph. This could pose a problem for
agencies that subject their employees to repeated polygraph screen-
ings. By accusing an examinee of “having trouble” with regard to
the “control” questions, such persons may be led to believe that
there really is something to polygraph “testing.”
Note to Federal Law Enforcement Applicants
Federal law enforcement agencies such as the FBI, U.S. Secret Service,
and Drug Enforcement Agency use a pre-employment polygraph
technique called the “Law Enforcement Pre-Employment Test”
(LEPET), which is a probable-lie “control” question “test.”
AntiPolygraph.org has obtained DoDPI’s examiner’s guide, which
explains how to perform the entire “monkey drill” by the numbers.
You may download it here:
http://antipolygraph.org/documents/dodpi-lepet.pdf
IIo the lie behind the lie detector
Other Polygraph Formats
While we have discussed the “Control” Question “Test” in both its
probable- and directed-lie versions, we should also mention some
less common polygraph formats.
Peak of Tension (POT) or Guilty Knowledge Test
This kind of polygraph examination depends on the polygrapher
having knowledge of details of a crime that a suspect should also
know only if he is guilty. For example, in the case of an assassination,
a suspect could be asked: if you were the trigger man, you should
know what kind of ammunition was used. Was it:
a) a NATO-standard -.-omm round?
b) a ,.o: x ,umm round?
c) a .:: long rifle round?
d) a ,o-oo round?
e) a umm semi-jacketed hollow point round?
It is expected that the guilty subject will physiologically respond
when asked about the ammunition he used in the assassination.
Professor Lykken describes the Guilty Knowledge Test, which is
based on sounder theoretical principles than the “Control” Question
“Test,” in chapters :o and :I of A Tremor in the Blood.
Iu
Searching Peak of Tension (SPOT) “Test”
When certain information would be known only to a guilty subject
Iu
The first edition of A Tremor in the Blood included a highly instructive and
entertaining chapter on the GKT titled, “The Body on the Stairs: A Pedagogical
Detective Story.” This chapter is unfortunately not included in the second edition,
but it may be downloaded as a :.: mb PDF file at:
http://antipolygraph.org/articles/article-037.pdf
but not to an innocent subject or the polygrapher, then a polygrapher
polygraphy exposed II,
might resort to a Searching Peak of Tension “test.” A government
employee suspected of espionage might be asked:
Did you commit an act of espionage for Russia?
Did you commit an act of espionage for China?
Did you commit an act of espionage for Israel?
Did you commit an act of espionage for France?
Did you commit an act of espionage for North Korea?
If your responses among the questions are relatively equal, the ex-
aminer will probably regard you as truthful. If one question elicited
a noticeably stronger response, the examiner will suspect that you
lied when answering that question.
Relevant/Irrelevant “Test”
In this polygraph technique, the polygrapher asks the subject a
series of relevant questions (e.g., “Did you ever use an illegal drug?”)
interspersed with irrelevant questions (e.g., “Are the lights on in
this room?”). The polygrapher asks the questions multiple times in
different order over multiple polygraph charts and may phrase them
differently. As with the “Control” Question “Test,” the irrelevant
questions are not scored. Instead, the polygrapher examines the
polygraph charts looking for “consistent, specific, and significant”
reactions to a particular relevant question. (Polygraphers have a
mnemonic expression for such reactions: “con-spec-nificant.”) For
example, if a subject consistently shows strong physiological reac-
tions when asked, “Did you ever use an illegal drug?” no matter
what the order of the questions or how this question is phrased,
deception will be inferred, and a post-test interrogation will follow.
(Weir, Iu,o)
If a subject shows no reaction to any question in a series, the
polygrapher may add a probable-lie “control” question to the end
of the series to satisfy himself that the subject is “capable” of reacting.
(Weir, Iu,a) Another sort of “control” question that may be used is
II8 the lie behind the lie detector
for the polygrapher to begin the question series by announcing,
“The test is about to begin” and end it by stating, “The test is now
over.” The mere announcement of the beginning or end of the
“test” is expected to produce a physiological response to which
responses to the relevant questions may be compared. (Harrelson)
In addition, a “breakdown test” (a type of peak of tension test)
may follow if a subject shows a “con-spec-nificant” reaction to a
relevant question. For example, the subject who shows a “con-
spec-nificant” reaction to the question, “Did you ever use an illegal
drug?” may be asked questions like the following in a “breakdown
test”: “In connection with the question on illegal drugs, does anything
disturb you about the following things?:
Marijuana?
Cocaine?
Heroin?
LSD?
Methamphetamine?”
Again, the question order is mixed and repeated. If the subject
shows a “con-spec-nificant” reaction to any one particular item in
the list, then the polygrapher infers that this is an area of concern
to the subject and follows up with an interrogation along those
lines. (Weir, Iu,a)
Apart from examination of the polygraph charts, the polygrapher
may also use his subjective impressions in making a determination
of truth or deception.
The R/I “test” is one of the oldest polygraph techniques. Like the
“Control” Question “Test,” it is also thoroughly discredited, and
there is absolutely no peer-reviewed research supporting its validity.
Professor David T. Lykken devotes Chapter , of A Tremor in the
Blood: Uses and Abuses of the Lie Detector to the R/I technique. He
notes two assumptions on which the R/I “test” depends, the second
of which is, as he terms it, “wildly implausible”:
polygraphy exposed IIu
ASSUMPTION 1. A guilty subject whose relevant answers are lies
will be more aroused by the relevant than by the irrelevant questions
and this difference will be revealed by his responses on the polygraph.
ASSUMPTION 2. An innocent subject who is answering truthfully
will not be disturbed by the relevant questions and will show no
more reaction to them than to the irrelevant questions.
It is appropriate to cite here in full Professor Lykken’s discussion of
the validity of this technique:
Validity of the R/I Test
So much for theory and common sense; what is the evidence? It
is astonishing to discover that, in ,o years of use prior to Iuu,, the
only published studies assessing R/I test accuracy using “blind”
evaluations of charts obtained from criminal suspects were one
described by Larson
:o
in Iu,8 and another by Horvath,
:I
in Iuo8.
Larson asked nine judges to read the charts obtained from o:
:o
Endnote in original: “J.A. Larson, The lie detector polygraph: Its history and
development, Journal of the Michigan State Medical Society, Iu,8, , 8u,–8u,. A
number of studies have been reported in which a large group of suspects were
tested by the R/I method in relation to the same crime. In every instance except
for the cited study by Larson, the persons who scored the charts were aware that
not more than one person could reasonably be guilty and therefore the scorers
could have achieved very high “accuracy” just by calling everyone truthful. Thus,
Bitterman and Marcuse tested 8I residents of a college dormitory where sIoo had
been stolen from a student’s room.. Finding that , of 8I students “failed” the R/I
test the first time around, Bitterman and Marcuse retested these 7 and finally
concluded that all of them were innocent (M.E. Bitterman and F.L. Marcuse,
Cardiovascular responses of innocent persons in criminal investigations, American
Journal of Psychology, Iua,, , ao,–aI:). The only useful evidence of lie test
accuracy is obtained when the chart evaluator reads each chart independently
with no outside reason for expecting either a truthful or a deceptive answer.”
:I
Endnote in original: “F. Horvath, The utility of control questions and the
effects of two control question types in field polygraph techniques, Journal of
Police Science and Administration, Iuo8, , ,-,–,,u.”
suspects. Only I of the o: suspects had actually lied and yet the
I:o the lie behind the lie detector
number scored as deceptive by the nine judges ranged from - to
,o. This amount of disagreement among the nine judges indicates
poor reliability. The average judge scored about one-third of the
innocent suspects as deceptive, which means that two-thirds of
these innocents failed to give large reactions to the relevant ques-
tions and were scored as truthful, just as Assumption : demands.
One might have thought that Assumption : would nearly always
be wrong and that most subjects would fail the R/I test whether
innocent or guilty. That is in fact what Horvath reported; all of
his innocent suspects were erroneously classified as deceptive by
the R/I test, whereas Larson’s earlier study reported only ,,%
false positives. We should not put too much faith in the exact
percentage of errors found but we can say that, just as common
sense would predict, a high proportion of innocent subjects will
“fail” the R/I test. Quite recently the Raskin group of lie detector
advocates published the results of a mock crime laboratory study
::
in which the R/I method classified all I- of the “guilty” suspects
as deceptive but at the expense of identifying only , of the I-
“innocent” subjects as truthful.
Although the R/I “test” has largely been supplanted by the “Control”
Questions “Test,” the Department of Defense Polygraph Institute
still teaches it, and the U.S. Government is still actively relying on
this most dubious of polygraph techniques for national security
purposes. The R/I “test” has been the NSA’s standby technique for
polygraph screening since the Iu-os. And in October :ooI, DoDPI
taught a two-week course on the R/I screening “test” in Chantilly,
Virginia, home to the National Reconnaissance Office.
::
Endnote in original: “S.W. Horowitz, J.C. Kircher, C.R. Honts, and D.C.
Raskin, The role of comparison questions in physiological detection of deception,
Psychophysiology, Iuu,, , Io8–II-..”
chapter four
Polygraph Countermeasures
Tis No Deceit to Deceive the Deceiver
—title of a play by Henry Chettle, I-u8
Dr. Gordon H. Barland, who worked as a DoDPI researcher for
more than a decade before his recent retirement, has defined coun-
termeasures as “deliberate techniques that deceptive subjects use in
an attempt to appear non-deceptive when physiological responses
are being monitored during a PDD [psychophysiological detection
of deception] examination.”
:,
We will adopt a broader definition than Dr. Barland, and define
polygraph countermeasures as simply “deliberate techniques that
may be used to ‘pass’ a polygraph interrogation.” While deceptive
persons may choose to employ countermeasures in order to appear
non-deceptive, truthful persons may also choose to use them to
protect themselves against a false positive outcome.
In this chapter, we will discuss three basic methods for protecting
yourself against a false positive outcome:
1. refusal to submit to polygraph interrogation;
2. complete honesty;
3. polygraph countermeasures.
Just Say No
The surest approach to avoid a false positive outcome is to refuse to
submit to polygraph interrogation. However, this approach may
:,
Barland, Gordon H. Unpublished manuscript. Department of Defense Poly-
graph Institute, Iuua. Cited in London & Krapohl, Iuuu.
have serious adverse consequences. If you refuse to submit to a
I:: the lie behind the lie detector
polygraph screening interrogation, you may be denied employment,
and if already employed, you may lose your job.
A Special Note to FBI Applicants
Those considering employment in the Federal Bureau of Investiga-
tion should seriously consider refusing to submit to the polygraph
and withdrawing from the application process. Since the events of
II September :ooI, the polygraph failure rate among special agent
applicants has risen to about -o% (Mondics :oo:; Geracimos :oo:).
The consequences of failing an FBI pre-employment polygraph ex-
amination are more serious than with other agencies:
• You will be disqualified from FBI employment for life;
• Your polygraph failure will be recorded in your permanent
FBI HQ file;
• You may be blacklisted from employment with other federal
law enforcement agencies, and may have difficulty finding
employment with local agencies as well;
• You will have difficulty ever obtaining a job that requires a
security clearance. When background investigators do a Na-
tional Agency Check, they will learn that you have an FBI HQ
file; upon obtaining your file, they will see that you failed the
polygraph. No security clearance adjudicator is eager to put
his or her neck on the line by granting a clearance to someone
who “failed” a polygraph “test.”
You may wish to carefully consider whether the FBI polygraph is a
risk worth taking.
If You Are Suspected of a Crime
If you have been asked to submit to a polygraph examination in
connection with a criminal investigation, “just say no!” You should
not submit to any polygraph “test.” (In most cases, the fact that
you refused to submit to a polygraph “test” will not be admissible
polygraph countermeasures I:,
as evidence in court.) Instead, you should get a lawyer. If for some
reason your lawyer advises you to submit to a police polygraph
interrogation, ask him to read this book. Just like a majority of the
public at large, many lawyers are simply ignorant of the true nature
of the polygraph process. If, after reading this book, your lawyer
still advises you to submit to a polygraph “test,” you should probably
fire your lawyer. You have little to gain by submitting to a polygraph
interrogation and much to lose: if you “pass,” the police may well
continue to suspect you regardless; if you “fail,” it will only confirm
their suspicions, and news of your “failure” may well be leaked to
the local media to smear you. As John A. Larson, a pioneer of
polygraphic lie detection lamented:
I originally hoped that instrumental lie detection would become
a legitimate part of professional police science. It is little more
than a racket. The lie detector, as used in many places, is nothing
more than a psychological third-degree aimed at extorting confes-
sions as the old physical beatings were. At times I’m sorry I ever
had any part in its development.
:a
Top-flight defense attorneys never let their clients submit to a poly-
graph “test” conducted by the police or any other authority. In the
few cases where clients are polygraphed (most notably high profile
cases where the client is being tried in the media), the attorney
makes arrangements to hire a private polygrapher. The “test” is
conducted in private, and the results, which are protected by
attorney-client privilege, are released only if the client “passes.”
This was the protocol used by the attorneys for O.J. Simpson, John
and Patsy Ramsey, and Gary Condit. The Ramseys and Condit
“passed,” and their results were therefore made public. Mr. Simpson
apparently fared worse, and his results were never made public.
:a
Cited in J.H. Skolnick, “Scientific Theory and Scientific Evidence: An Analysis
of Lie Detection,” The Yale Law Journal, Vol. ,o ⁽IuoI⁾, pp. oua, ,:8. Cited in
Lykken (Iuu8) at pp. :8‒:u.
(After word got out that Mr. Simpson had been polygraphed by a
I:a the lie behind the lie detector
private examiner, the official explanation was that he was hooked
up to the polygraph to see how it works, but that no actual “test”
was conducted.)
In refusing to submit to polygraphic interrogation, you may ad-
ditionally use the “complete honesty” approach described below.
If, for some reason, you still feel compelled to submit to a polygraph
interrogation, some reasonable safeguards you may wish to adopt
include:
1. Refuse to sign any agreement stipulating that the polygraph
results will be admissible as evidence in court;
2. Insist that your lawyer be present with you during the entire
polygraph examination;
3. Refuse to submit to any “post-test” interrogation;
4. Insist that the entire polygraph examination be video recorded
(or at a minimum audio recorded) and that a copy of the
recording be made available to you immediately upon com-
pletion of the polygraph session.
Complete Honesty
A second approach is to be completely honest with your polygrapher.
Tell him that you know the lie behind the lie detector. Explain to
him that you understand that the true purpose of the “stim test” is
to dupe you into believing in the validity of polygraphic lie detection.
Tell him that you understand the trickery behind “control” question
“tests”—whether probable- or directed-lie. Explain that you under-
stand the difference between “control,” relevant, and irrelevant ques-
tions and that you have studied and know how to employ polygraph
countermeasures. Give him a printout of this book to prove it in a
way that he will not be able to later deny. Explain to him that you
are not a suitable candidate for polygraphic interrogation, and request
that your polygraph “testing” be waived.
One of the authors of this book knows of a Department of Defense
employee whose polygraph screening was waived when he explained
polygraph countermeasures I:-
to his polygrapher that he understood how polygraph “tests” work
and that he had received training in how to defeat them.
But beware! While the Wizard of Oz may have meekly admitted
to being a humbug once the curtain was drawn aside and his hum-
buggery laid bare, your polygrapher might not be so accommodating.
One graduate of DoDPI has cautioned that if a subject were to
follow this “complete honesty” approach, the polygrapher would
probably go ahead with the polygraph interrogation anyhow and
arbitrarily accuse the subject of having employed countermeasures.
Maureen Lenihan is a case in point. She worked as a research assistant
with the federal Commission on Protecting and Reducing Govern-
ment Secrecy, also known as the “Moynihan Commission.”
:-
She
later applied for employment with the CIA. She explained to her
CIA polygrapher that she had researched polygraphy while working
with the Commission. The polygrapher proceeded with the inter-
rogation anyhow, and later accused her of having employed coun-
termeasures. (Weiner, Iuuu)
When one of the authors of this book specifically asked then
president of the American Polygraph Association, Mr. Milton O.
“Skip” Webb, Jr., how an APA member should proceed if a subject
were to reveal that he/she has read The Lie Behind the Lie Detector
and understands the psychological manipulations involved in both
the “stim test” and the “control” questions, Mr. Webb declined to
:-
The Commission’s report is available on-line at:
http://www.fas.org/sgp/library/moynihan/index.html
:o
See George W. Maschke’s e-mail exchange with Mr. Webb, which is available
on-line at:
http://antipolygraph.org/read.shtml#informed-subjects
provide an explanation.
:o
I:o the lie behind the lie detector
In a discussion on the AntiPolygraph.org message board,
:,
the same
coauthor asked Dr. Barland:
What would you say to the earnest employee or applicant for
employment who wants a straightforward answer to this simple
question: what will the polygrapher do if I admit to him/her that
I understand “the lie behind the lie detector?”
In reply, Dr. Barland stated that he “would have no qualms about
conducting an examination,” adding that his personal outlook is,
“when in doubt, give it a try and see what happens.” He indicated
that in such a situation, it would make good sense to switch to a
technique such as the Relevant/Irrelevant “test,” which he believes
is less susceptible to countermeasures. But when asked on what
scientific basis he expected to be able to distinguish truth from
deception using this thoroughly discredited technique, Dr. Barland
declined to answer.
We believe that the ethically preferable choice for those facing
polygraphic interrogation is to either refuse to submit or to use the
“complete honesty” approach (or both). If everyone who reads this
book were to do so, it would force the agencies that are using
polygraphy against their employees and prospective employees—as
well as the elected representatives who have sanctioned it—to con-
front the plain truth that the lie behind the lie detector has been
exposed. It would quickly spell the end for polygraphy. But we are
also aware that these two choices carry with them a high “first-mover
disadvantage” and may entail serious adverse consequences for those
with the moral courage to adopt them.
We believe that it is not unethical for truthful persons—faced
with a government that routinely lies to and deceives its employees
and prospective employees through the polygraph screening pro-
cess—to employ polygraph countermeasures to protect themselves
:,
See the message thread, “Countermeasure considerations for the innocent”
against a false positive outcome.
polygraph countermeasures I:,
Polygraph Countermeasures:
How to Pass a Polygraph “Test”
(First, if you haven’t read Chapter ,, go back to page 8o and read it
carefully.)
The key to “passing” a polygraph “test”—that is, to producing a
“truthful” chart—is to produce stronger physiological responses
when answering the “control” questions than when answering the
relevant questions.
We Americans have a thriving folklore about how to beat a poly-
graph “test.” You may have heard that you can pass by taking drugs
such as meprobamate, by rubbing antiperspirant on your fingertips,
or through meditation or hypnosis, or by wiggling your toes, or
flexing your arms, or coughing. Forget these. They are prescriptions
for failure.
Perhaps the most widely-known countermeasure is the old tack-
in-the-shoe. While this countermeasure (if properly applied) can
be effective, polygraphers have developed counter-countermeasures
for it (the simplest being to simply make the subject remove his
shoes).
Read on to learn how to pass your polygraph interrogation.
Two Types of Countermeasures
There are two basic types of polygraph countermeasures: behavioral
and chart-recording manipulation. Behavioral countermeasures are
those things that you can do to appear honest and truthful to your
polygrapher, while chart-recording manipulations are those coun-
termeasures that will actually affect the physiological responses mea-
sured by the polygraph instrument. We will discuss both types,
on the Polygraph Procedure forum of the AntiPolygraph.org message board.
beginning with behavioral countermeasures.
I:8 the lie behind the lie detector
Make No Admissions
Rule number one is to make no admissions! While the lie detector
cannot detect lies (it only records physiological responses), any ad-
missions you make will be duly noted by your polygrapher. Admis-
sions that may seem minor to you can be spun out of all proportion
by your polygrapher. He sees admissions as trophies. Don’t give
him any.
The only exceptions to this rule are that, during the “pre-test”
interview, you may make minor admissions regarding the “control”
questions only, such as stealing candy when you were a child, or
lying to your parents, or taking pens home from work. But go no
further.
In addition, if you are submitting to a directed-lie “Control” Ques-
tion “Test” such as the TES format used by the Departments of
Defense and Energy, you should not stubbornly deny having ever
committed one of the common human failings used in the directed-
lie “control” questions such as violating a traffic law, or having told
a lie, even once in your life, etc. (See p. Io- for a list of common
directed-lie “control” questions.)
…And Sign No Statements
A common tactic used by polygraphers is to request the subject to
write out and sign a statement listing the admissions they have
supposedly made. It may not be in your interest to sign any such
statement. Suppose, for example, you admit during your “pre-test”
interview, or in the pre-polygraph questionnaire that some law en-
forcement agencies require applicants to fill out, that you smoked
marijuana three times while you were in high school. Your polygra-
pher asks, “Can you really be sure that it was only three times? Any
doubt in your mind will show up on the polygraph. Would it be
fair to say that you used marijuana less than ten times? Yes? Then
very well, why don’t you write that down here and sign.”
polygraph countermeasures I:u
When you sign that statement saying that you used marijuana “less
than ten times” instead of the three times that you said earlier,
you’ve just given your polygrapher a signed “confession” that he
can use to portray you as having been dishonest when you claimed
to have used marijuana only three times.
Polygraph “Tests” are Interrogations
Your polygraph “test” is actually an interrogation. Even if you have
not been accused of anything specific but instead face polygraph
screening, you must never forget that your polygraph “test” is actually
an interrogation.
Some security officials are fond of the quip, “In God we trust—all
others we polygraph.” Don’t you make the mistake of trusting your
polygrapher. Some will be friendly, others confrontational. Some
will regard you as a criminal suspect, while others will expect you
to pass (especially when large numbers of employees are screened).
Other polygraphers will have de-
cided to fail you before the poly-
graph interrogation even begins.
Your polygrapher may very
well be polite, pleasant-
mannered, and congenial, but he
is also a trained interrogator who
understands that he may at first
catch more flies with honey than
with vinegar. He is not your
friend. He is not there to “help”
you. Be on your guard at all
times.
Recognizing Common Interrogation Tactics
Your polygrapher is a trained interrogator. Polygraph schools devote
a substantial portion of their curricula to teaching students tech-
In God We Trust—All Others We Polygraph
U.S. Air Force Office of Special Investigations
Polygraph Unit “challenge” coin
I,o the lie behind the lie detector
niques for duping examinees into making damaging admissions.
And many polygraph examiners are already experienced criminal
investigators well before they are sent to polygraph school. This is
almost always the case when the polygrapher is a law enforcement
officer. In some agencies, polygraph examiners may be evaluated
based on the number of admissions or confessions they receive
(which gives them a strong incentive to get some kind of statement
from you that can be characterized as such). This was once—and
may still be—the case with FBI polygraphers. And John F. Sullivan,
who retired from the CIA in Iuuu after a ,o-year career in the
Agency’s polygraph division, reports that CIA polygraphers are eval-
uated precisely on the basis of admissions obtained (Sullivan, :oo:,
at p.I,a):
…Our performance is evaluated on the number of admissions
we obtain and the amount of information developed from those
we test.
Perhaps the most common (and most effective) interrogation tech-
nique employed by polygraph examiners involves projecting a false
sense of empathy for you and your situation. The examiner’s goal
when using this approach is to get you to believe that he is there to
help you. (He isn’t.) When employing this approach, the examiner
is likely to downplay the seriousness of the behavior you are being
asked about or accused of. For example, the examiner may tell you
that his agency is “not looking for Boy Scouts.” He may even claim
that he engaged in the very same activity that he is asking you
about or accusing you of and was still hired. Don’t fall for it.
One of the gravest mistakes one can possibly make is to believe
that your polygrapher is the one exception and that he is there not
to interrogate, but rather to help you along in the application process.
The polygrapher may indeed be a “nice” guy. You may even become
friends with him if you are eventually hired. Nonetheless, this does
not change the fact that he is an interrogator, and his job is to get
you to make disqualifying admissions.
polygraph countermeasures I,I
During the “post-test” phase, the polygrapher may alternatively take
an adversarial approach. He may instruct you to move your chair
so that your back is to the corner. He may then accuse you of being
deceptive in a hostile and aggressive manner. He may invade your
personal space and posture himself in a threatening manner. This is
a favorite tactic of U.S. Secret Service polygraphers. Keep your cool
and deny the polygrapher’s allegations in a forceful but respectful
manner.
The aggressive and empathetic approaches are often combined by
the polygrapher/interrogator. Commonly known as the “good
cop/bad cop” routine, in the context of a polygraph interrogation,
the polygrapher/interrogator adopts one approach and immediately
makes a I8o-degree turn toward the other.
Another common interrogation technique is known as the “ego-
tistical approach.” Here, the polygrapher’s goal is to play upon
your pride. He may bring up your academic achievements, language
skills, or other attributes that make you an attractive candidate for
the position. The goal here is to make you feel that you are no
ordinary applicant and that the agency will bend over backward to
hire you. After doing this, he is likely to return to the empathy
approach, downplaying the seriousness of the behavior in question
and asking you to admit to it so he can “go to bat” for you against
the supervisors at headquarters. (Janniro, IuuI, pp. ,8-,u)
To get a good sense of the “themes” that may be spun by polygra-
phers in an attempt obtain admissions, see pages 8,–uI of the DoDPI
“Interview and Interrogation” handbook, which is available for
download on AntiPolygraph.org.
:8
Your goal during any interrogation is to avoid making damaging
admissions or statements that may lead the polygrapher on to un-
:8
This document may be downloaded as a -.: mb PDF file at:
http://antipolygraph.org/documents/dodpi-interrogation.pdf
welcome lines of questioning.
I,: the lie behind the lie detector
Make a Good First Impression
Your polygrapher’s subjective opinion of you may influence the
outcome of your polygraph interrogation. Look your best. Make
sure you have a conservative haircut; dress professionally, polish
your shoes. If you’re a woman, wear make-up, but not too much.
Be friendly. Smile. Keep good eye contact with your polygrapher,
but don’t stare. Your polygrapher may interpret avoidance of eye
contact as a sign of deception. Don’t mumble. Answer questions
directly—with confidence and without hesitation—but be natural.
You don’t want to appear like Data in “Star Trek: The Next Gener-
ation.”
Arrive Early to Avoid Being Late
The last thing you want to do is to arrive late for your polygraph
interrogation. Your polygrapher may interpret your late arrival as a
subconscious attempt to avoid the polygraph—heightening his sus-
picion of you even before he asks his first question. If the drive to
the polygraph site will be in rush hour traffic or take more than an
hour, you might want to get a hotel room near the “test” site the
night before.
A Warning to U.S. Secret Service Applicants
If you are seeking employment with the U.S. Secret Service, your
pre-employment polygraph “test” will probably begin in the morning
and continue into the afternoon with no break for lunch. This
seems to be a deliberate psychological tactic designed to wear down
applicants. Make sure to get a good breakfast.
Remember, You Are Being Watched
Be aware that from the moment you arrive for your polygraph
interrogation, your polygrapher will be observing you. He will size
you up based not only on what you say, but also on your appearance
polygraph countermeasures I,,
and demeanor. When you arrive early, you don’t want to be seen
fidgeting in the waiting room, which, like the interrogation room
itself, may be equipped with a two-way mirror or a concealed video
camera. You might consider bringing something to read or otherwise
keep yourself productively occupied while waiting.
If you choose to bring something to read, your choice of reading
material is important, because it, too, will make a subtle impression
on your polygrapher. Bring something like a professional journal, a
publication like Newsweek, National Geographic, or The Wall Street
Journal, or a bestselling novel or professional book. Just make sure
it’s something highbrow. Don’t bring a trashy dime novel or tabloid
newspaper. And by all means, don’t bring anything remotely related
to polygraphy! In addition, you might not want to bring one of the
publications listed above—polygraphers who read this book might
now become suspicious if you do. You want something that will
subtly make a favorable impression on your polygrapher. (Clifton,
IuuI) As an alternative to bringing something to read, you may
wish to bring a briefcase with paperwork, a notebook computer, or
PDA to work on while you wait. A third alternative is to bring
nothing at all and calmly wait: some polygraphers who read this
book may come to view a subject’s bringing reading material or
work with him to be a telltale for countermeasure use. The key
point remains not to be seen nervously fidgeting while you are
waiting.
The “Pre-Test” Interview
Be polite and cordial. Answer your polygrapher’s questions directly,
but remember to make no damaging admissions! In response to
the “control” questions, you may admit to some minor childhood
misdeeds. But in response to the relevant questions, you should
make no admissions whatsoever. Any minor admissions you make
regarding the relevant questions may be spun out of all proportion
by your polygrapher.
I,a the lie behind the lie detector
Keep your answers short. Answer any yes/no questions with a simple
“yes” or “no.” Avoid replies such as “yes, basically” or “not really.”
Such evasive answers will make you appear deceptive to your polyg-
rapher. Don’t be chatty or palsy-walsy with your polygrapher. If
you are overly talkative and ingratiating, your polygrapher may
interpret this as a sign of anxiety—and hence deception. Moreover,
he may use superfluous information you provide to fabricate an
admission.
How Polygraphers May Expect Truthful Subjects to Behave
According to two luminaries of the polygraph field, John E. Reid
and Richard O. Arther (Reid & Arther, Iu-,), the following behavioral
traits are typical of truthful subjects:
Because everyone given a lie-detector examination is suspected of
some wrongdoing, innocent subjects are usually very glad to be
given an opportunity to prove their innocence. Often they have
requested it so that no suspicion will be directed towards them.
This belief that the innocent have in the accuracy of the lie-detector,
and that they will be exonerated, is usually shown by their attitude.
This attitude is one of genuine confidence in both the machine
and the examiner. Because of this confidence they regard the
examination as an experience they will want to relate to their
family and friends.
Innocent subjects may refer to their nervousness, but after the
assurance of the examiner that nervousness makes no difference,
they are usually convinced and make no further reference to it.
Innocent subjects are often at ease, light-hearted, and talkative.
However, they are very sincere and their straight-forwardness is
displayed when they discuss the case during the interview.
Their attitude is later manifested by their giving complete coop-
eration during the test....However, while being cooperative and
sincere, innocent subjects are not overly polite or solicitous.
In a separate article, Reid (Iu8:) goes on to describe how a truthful
polygraph subject would hypothetically answer “No” in response to
the question, “Did you steal the s-oo?”:
polygraph countermeasures I,-
The subject who answers “NO” and is direct and unequivocal -
almost angry and very crisp is telling the truth.
The subject who says “NO” in a very final way is telling the truth.
The subject who says “NO” indicating disbelief is telling the truth.
The subject who says “NO” indicating you must be kidding is
telling the truth and,
The subject who says “NO” in a challenging way, like “I should
say not” is telling the truth.
How Polygraphers May Expect Deceptive Subjects to Behave
Reid and Arther (Iu-,) hold that guilty subjects will often try to
postpone their polygraph examinations and tend to be late for their
appointments or fail to appear at all. They further opine:
Once in the examining room the guilty person often looks very
worried and is highly nervous. This nervousness is manifested in
a variety of ways, e.g., acting aggressive, having a bitter attitude,
appearing to be in a shocked condition, experiencing mental
blocks, being evasive, having an extremely dry mouth, continually
sighing or yawning, refusing to look the examiner in the eye, and
moving about. Sometimes he is too friendly or too polite.
Guilty subjects repeatedly feel it necessary to explain before the
examination why their responses might mislead the examiner
into believing that they are lying. Hence, they complain of being
nervous, and if that does not seem to impress the examiner, they
further emphasize their “nervous condition” or mention a physical
defect which they may or may not actually have. Also, they fre-
quently feel it necessary to assure the examiner that they are very
religious, hoping the examiner will dismiss them as innocent be-
cause of their alleged righteousness.
Guilty subjects sometimes claim that the apparatus is causing
them physical pain. They do this for at least one of several reasons.
First, they hope that the examiner will turn off the instrument,
remove the apparatus, apologize for the pain that was caused,
and report to the investigators that this subject cannot be examined
because of his great pain sensitivity. Second, its [sic] provides
I,o the lie behind the lie detector
them with an excuse for not sitting still and thereby preventing
the examiner form obtaining a suitable recording. Third, they are
hoping that the examiner, when interpreting the record, will
wrongly decide that their guilty responses are pain and report
them innocent.
...
Since the entire lie-detector situation is unpleasant to most guilty
subjects, they usually want to leave the examining room as soon
as possible. Therefore, they inquire after the first test as to how
they came out, ask if the examination is not over yet, complain
that the examination is taking much too long, seek a speedy release
by alleging that they have another appointment, or refuse to con-
tinue with the examination. When leaving they often quickly shake
the examiner’s hand and hurry out of the laboratory.
Regarding how a deceptive subject would hypothetically answer
“No,” in response to the question, “Did you steal the s-oo?” Reid
(Iu8:) writes:
The subject [who] says:
“NO” - crosses his legs and shifts in the chair is lying.
“NO” - looks in a different direction, down and up, or sideways
is lying.
“NO” - closes his eyes is actually seeking to escape and is lying
[sic, trying?] to hide.
“NO” - shakes his head NO and tried to place more emphasis on
NO to be more convincing.
“NO” - answers late is lying. Actually the delay is caused by the
debate in his mind, “Shall I say YES, I better say NO.”
“NO” - questions. A breathless sort of way is lying but is offering
a “NO” as “try that on for size” is lying.
“NO” - hesitates and appears to be thinking is actually hiding
behind an alleged seriousness is lying.
“NO” - studies, sort of false deliberation is lying.
“NO” - apologizes in saying "NO" is lying.
polygraph countermeasures I,,
“NO” - plead is lying.
“NO” - qualifies the NO by the inflection of the voice is lying.
“NO” - has an empty or washed-out look, but this is a last ditch
effort to “get out from under” actually is lying.
“NO” - pauses and looks like the question was not directed to
him even though he and the questioner are the only ones in the
room and the question is directed to him. He almost appears to
be in an hypnotic state. He is lying.
“NO” - studied eyes is lying.
Mind Games
Your polygrapher/interrogator may play little games with you to
establish his dominance. Upon entering the polygraph room, you
should find that it is skillfully orchestrated for interviewing and
interrogation. The room will be sparsely furnished, with a table for
the polygraph instrument, a chair for the polygrapher, a chair for
you to sit in while connected to the polygraph instrument, and,
quite possibly, a third chair for you to sit in during the “pre-test”
phase. Your chair for the “pre-test” interview will in all likelihood
be stationary, while your polygrapher’s chair will probably be wheeled
for his ease of movement, placing you at a psychological disadvantage.
Upon entering the room, you may find that the chair you are to
sit in is facing the wrong direction or in the wrong location. By
directing you to move the chair, your polygrapher may subtly dem-
onstrate that he is in control.
Your polygrapher may instruct you to remove your coat and hand
it to him, whereupon he will remove it from the room. He does this
to make you feel as though you are being psychologically “stripped.”
And by taking your coat out of the room, he wants you to feel that
he now controls a piece of you.
You may also be made to wait for your polygraph interrogation
in an uncomfortably overheated waiting room.
I,8 the lie behind the lie detector
Do not be intimidated by your polygrapher’s little mind games.
Play along. Let your polygrapher think that he is in control.
More Smoke and Mirrors
A former polygrapher who gave up polygraphy because he considered
certain aspects of it to be unethical has revealed some additional
tricks of the trade (Anonymous, n.d., c):
The fake card trick was not the only ploy built into the school
curriculum to give the examiner some help in reaching his con-
clusion. One such item was a serious plea to the testee to go to
the washroom and scrub both hands thoroughly - because “the
instruments won’t give me good results unless your hands are
spotlessly clean.” When the person goes to the empty bathroom
by himself, the examiner spies on his activity through a one-way
mirror. If the individual seems intent on foiling the examination
by failing to wash the hands, the examiner gets a pretty good hint
that he is not a truthful person. Often one hears the water running
and sees the individual pretending to wash his or her hands.
A similar stunt is to leave him/her in the room alone with the
polygraph itself, always laying on a stern injunction not to touch
or even breathe on the equipment because “it’s so delicately bal-
anced it will screw up all my results if it’s moved or shaken.”
Once again a one-way mirror comes into play. It is amazing how
many times one sees a wise-guy trying to loosen a wire or otherwise
shake-up the instruments.
If your polygrapher instructs you to wash your hands, do so. If left
alone in the polygraph room, don’t tamper with any equipment.
And don’t make it obvious that you know you might be under
surveillance (for example, by making faces or gesturing toward any
mirror)!
“So What Do You Know About Polygraph Testing?”
At some point during the “pre-test” interview, your polygrapher
will ask you what you know about polygraphy. Don’t get into an
polygraph countermeasures I,u
argument with him about the validity of this voodoo science! Poly-
graphy is his profession, and if you question it, he will take offense
(and be more likely to conclude that you are deceptive).
If you’ve been polygraphed before, you can mention it. But don’t
tell your polygrapher that you’ve read this book or that you’ve
done research on the Internet and visited such websites as
AntiPolygraph.org! If you admit to having researched polygraphy,
your polygrapher will become suspicious. His next questions may
well be, “Why have you educated yourself so much about the poly-
graph? Do you have something to fear from it?” Instead, provide a
general answer to his question about what you know about polygra-
phy, such as:
• I heard on T.V. that they’re almost always accurate when
used by a skilled examiner. Is that right?
• A friend of mine in law enforcement said not to worry, just
go in and tell the truth, and you’ll have no problem!
• I understand that polygraphs are a lot more accurate than
those voice stress analyzers. (Polygraphers generally hold the com-
peting voodoo science of Computerized Voice Stress Analysis
[CVSA] in utter contempt.)
• I read in the paper that the polygraph has been constantly
improving with time and that the latest computerized polygraphs
are very reliable.
• When I was in grade school, a polygraph examiner came
and gave a demonstration to my class and showed us how the test
is done using my teacher as a volunteer. She lied about a card she
had picked from a deck, and the polygraph examiner caught her
lie and was even able to figure out exactly which card she had
picked!
• I heard it caught O.J. in a lie! (Virtually no one in the poly-
graph community believes O.J. Simpson to be innocent of the
murder of his ex-wife, Nicole.)
Iao the lie behind the lie detector
All of these answers show confidence in the validity of polygraphy
and are just the kind of thing your polygrapher wants to hear.
Whatever answer you give, don’t memorize and repeat the above
examples word-for-word. Polygraphers will be reading this book,
too, and if something you say exactly matches something in this
book, your polygrapher might notice! You may wish to combine
elements from any of the above examples with your own experience,
or think of new examples on your own. And you can always fall
back on ignorance: “I really don’t understand how polygraph tests
work.”
Tips for Identifying “Control” Questions
During the “pre-test” phase, your polygrapher will review with you
the questions that he’ll be asking during the “in-test” phase. You
need to pay close attention and be able to distinguish between rele-
vant, irrelevant, and, most importantly, “control” questions.
Note that in directed-lie formats such as the TES, your polygrapher
will identify the “control” questions for you: they are the ones which
he will instruct you to answer falsely. When we speak of identifying
“control” questions below, we’ll be referring to probable-lie “control”
questions.
In order to become adept at identifying “control” questions, how-
ever, you need to understand the rationale behind them. (We dis-
cussed “control” questions at some length in Chapter, at pages
u,‒Io-.) Simply memorizing lists of common “control” questions
will not do.
Note: If you receive a lengthy background questionnaire from an agency
with which you are applying for employment, do not attempt to char-
acterize each question on the list as a potential polygraph question.
Questions asked during the “in-test” phase (that is, while you’re attached
to the polygraph instrument) often differ greatly from those provided
on background questionnaires, and you will be better off studying
question types here.
polygraph countermeasures IaI
As explained in Chapter3, probable-lie “control” questions are con-
cerned with behavior that the polygrapher secretly assumes most
people in society—even those who will be selected for hiring or
granted a high level security clearance, etc.—will not be able to
deny with Ioo% truthfulness. Ask yourself the following question
when interpreting each of the examiner’s questions as strictly as
possible: “Will the polygrapher assume that even a very honest
person would have a hard time answering this question Ioo% truth-
fully?”
Take for example the question, “Did you ever cheat in school?”
You may not have broken into faculty offices to steal an exam. But
most people have at some point glanced at another student’s paper
during an exam or copied a friend’s homework. At the very least,
the great majority of students have likely written segments in research
papers that should have been better cited. Thus, this is a control
question.
Consider next the question, “Have you ever stolen anything?”
Interpreted strictly, this question includes the theft of pens, pencils,
a sip of soda before you top off your self-serve drink at the local fast
food restaurant, etc. Once again, since almost everyone has done
such things, polygraphers will assume that your denial is less than
completely truthful. Hence, this a control question.
Contrast this with the following question: “Have you ever stolen
anything worth over s:oo/s-oo, etc.?” For this question to be a
“control” question, the polygrapher and the agency employing him
would have to assume that all applicants or employees screened
have stolen something worth this substantial amount. This is simply
not a reasonable expectation. The polygrapher would not assume
that everyone—including those who will be or have already been
hired—has pilfered objects of such high value. In actuality, nearly
everyone (except out-and-out criminals) will have an easy time
answering this one truthfully without even thinking about it. Thus,
Ia: the lie behind the lie detector
this does not fit the mold of a “control” question. It is a relevant
question.
Naturally, you may wonder, “What is the dollar cut-off amount?”
This depends on what the agency’s policy is regarding acceptable
thefts. You must consider whether or not the agency believes that
even the great majority of the people it would be willing to hire (as
well as current employees) have engaged in this behavior (no matter
how despicable the polygrapher may attempt to convince you he
considers it to be). We recommend that you assume that any pre-
employment screening question that includes a minimum dollar
amount (that is, “Have you ever stolen anything worth more than
__ dollars?”) is relevant.
Note: Another common theft-related question in pre-employment poly-
graph screening is, “Have you ever stolen money from an employer?”
Although agencies assume that all applicants have helped themselves
to small things (office supplies, etc.), they do not assume that applicants
they wish to hire have helped themselves to the cash drawer. The
question is a relevant one.
Ambiguity in “Control” Questions
One of the hallmarks of “control” questions is ambiguity. Their
scope tends not to be clearly defined. Relevant questions, by contrast,
tend to be quite specific and leave little room for doubt.
Take, for instance, the common “control” question, “Have you
ever told a lie?” Strictly speaking, this question includes all lies,
even those you told as a young child, or regarding your opinion of
someone’s new hairstyle, and so forth.
If the examinee keeps answering “yes” to this question during the
“pre-test” interview and admitting to having told little white lies,
the polygrapher may modify the question to, “Have you ever lied
about anything serious?” Note that the question is still ambiguous
because just what is meant by “serious” has not been defined for
the examinee. It remains a “control” question.
polygraph countermeasures Ia,
Let us consider the question, “Have you ever committed a crime
for which you have not been caught?” Here, the scope of the term
“crime” is not clearly defined. Technically speaking, jaywalking,
public urination, underage drinking, and unauthorized downloading
of copyrighted music from the Internet are illegal. This is a “control”
question.
However, this question can be transformed from a “control” to a
relevant question with a simple change in wording. “Have you ever
committed an undetected serious crime?” is a standard relevant ques-
tion asked by U.S. Secret Service polygraphers in pre-employment
screening. During the “pre-test” interview, the examiner carefully
explains exactly what crimes the Secret Service considers to be “seri-
ous” for the purposes of this question. This list includes murder,
robbery, rape, arson, grand larceny, etc. The examiner may note
that the question does not include the possession and use of false
identification for purposes of underage alcohol consumption, but
that it does include the sale of such counterfeit documents. It is not
expected that most applicants have committed a serious undetected
crime, and the question is not ambiguous. It is a relevant question.
“Read” the Polygrapher
The polygrapher’s demeanor often provides helpful insight into the
nature of each question. Remember, upon introducing “control”
questions, the polygrapher will usually attempt to steer you into a
denial. For example, he might tell you that his agency has absolutely
no tolerance for academic dishonesty before asking, “Did you ever
cheat in school?”
A common tactic used during the “pre-test” phase to manipulate
the subject into a denial goes as follows:
The polygrapher introduces the control question, for exam-
ple,“Have you ever told a lie?”
The examinee responds affirmatively and explains some minor in-
stance.
Iaa the lie behind the lie detector
The polygrapher rewords the question to, “Besides what you have
told me, have you ever told a lie?”
The examinee responds affirmatively yet again and makes another
minor admission.
After a few cycles of this, the polygrapher launches into a little
speech on the importance of honesty and explain what a dim view
his agency takes to lying. He then asks the leading question, “You
haven’t lied about anything else now, have you?”
Another tip for “reading” your polygrapher is this: if you ask for
clarification regarding what is meant by a question, does he provide
a helpful explanation? If he sidesteps your question with an evasive
answer like, “It means whatever you think it means,” then it is a
good bet that the question is a “control” question.
Has the question been prefaced with a modifier? Since most subjects
normally make some minor admissions to the “control” questions
during the pre-test interview, they are frequently rephrased with a
modifier like “other than what you have told me.”
Don’t fall into the trap, however, of thinking that every question
that is modified in this manner is a “control” question. For example,
suppose you are being polygraphed for employment with an agency
whose stated policy is that marijuana use up to I- times is acceptable
but that any usage in excess thereof is an automatic disqualifier. If
you admit having used marijuana six times, one of your relevant
questions may well be, “Besides what you told me, have you ever
used any illegal drugs?” The key point here is that while modifiers
such as “besides” often accompany a “control” question, the mere
presence of such a modifier does not guarantee that a question is a
“control” question.
A Final Tip on Identifying “Control” Questions
Note that it is standard practice for polygraphers to review the
different kinds of questions as groups during the pre-test phase. For
example, in DoDPI’s “Law Enforcement Pre-Employment Test,”
polygraph countermeasures Ia-
the sacrifice relevant question is introduced first, then the relevant
questions to be asked are reviewed, then the “control” questions,
and finally, the irrelevant questions are reviewed. This practice of
grouping questions by type during the pre-test phase makes identi-
fying “control” questions easier.
Want to Get Anything Off Your Chest? No!
After he has reviewed with you the questions he’ll be asking during
the “in-test” phase, your polygrapher will give you the “opportunity”
to get anything off your chest that may be “bothering” you. Don’t
fall for it. Make no admissions.
Chart-Recording Manipulations
We will discuss here manipulations to affect the breathing and cardio
channels of the polygraph instrument. These manipulations may
also affect the electrodermal channel.
Breathing Countermeasures
Your polygrapher will attach the polygraph’s electrodes to your
ring and index fingers, the inflatable pressure cuff to your arm (or
perhaps a transducer set to your thumb instead), and place one
pneumograph tube around your chest and the other around your
abdomen. From the moment the pneumograph tubes go on, you
need to be concerned about your breathing. Many people are falsely
accused of attempting to “beat the box” because they (in the polyg-
rapher’s opinion) breathe too deeply or too slowly or both.
Your polygrapher will be happy if your breathing rate is between
about I- and ,o breaths (in and out) per minute, or :‒a seconds
each. Pick a breathing rate within this range that is comfortable for
you and take relatively shallow—not deep—breaths. Each breath
should be about the same length. Practice until it becomes second
nature.
Iao the lie behind the lie detector
You should maintain this baseline breathing pattern until the pneu-
mograph tubes are removed from your chest and abdomen. Don’t
relax and change your breathing pattern as soon as the last question
has been asked! The polygraph is still recording your breathing,
and your polygrapher may let the instrument continue recording
your physiological responses for a minute or so after asking his last
question in order to see if your breathing pattern changes. He may
interpret any change after the last question is asked as an indication
that you were employing countermeasures.
Your polygrapher will ask his series of questions, with a pause of
about :o‒,o seconds between questions. You will have already men-
tally categorized the questions he reviewed with you as “control,”
relevant, or irrelevant during the “pre-test” interview. There will be
no surprises. If you cannot decide whether a question is a “control”
question, then you should err on the side of caution and assume that it
is relevant.
As soon as you recognize that the question your polygrapher is
asking is a “control” question, or, alternatively, immediately after
answering the question, change your baseline breathing pattern to
produce one of the five pneumograph reactions that DoDPI considers
to be most significant in chart scoring:
29
Note: None of these manipulations call for deep breathing, that is,
:u
An anonymous source known to AntiPolygraph.org and deemed reliable
indicates that as of mid-:ooa, DoDPI recognized a total of ten scorable breathing
reactions (down from twelve a few years earlier). Four of these ten reactions were
being considered for elimination. By contrast, the five breathing reactions listed
here were considered to be “highly diagnostic.” This information, while unclassi-
fied, is considered by DoDPI to be highly sensitive. A senior member of the
federal polygraph community and former DoDPI instructor reportedly opined
that if this information were to become public, it could “effectively neutralize”
the respiration channel, and the polygraph community would be in “big trouble.”
filling your lungs to full or nearly full capacity. Such deep breathing is
polygraph countermeasures Ia,
likely to be interpreted by your polygrapher as an attempted counter-
measure.
The first reaction, blocking, is also the easiest. It is achieved by
simply holding one’s breath for four or five seconds (anything much
longer may make your polygrapher suspicious) after breathing out,
as illustrated in the DoDPI graphic below
,o
:
The second reaction, a respiration rate decrease, may be produced
by simply breathing more slowly for --I- seconds, ending before
the asking of the next question:
The third scorable reaction, a change in inhalation/exhalation ratio,
may be effected by exhaling more slowly than inhaling for 5-15
seconds, ending before the asking of the next question:
The fourth reaction, a decrease in amplitude (also known as sup-
pression), may be produced by taking several shallower breaths and
,o
All illustrations of respiratory reactions presented here are adapted from the
DoDPI document, “Test Data Analysis.”
then returning to one’s baseline breathing pattern, as illustrated
Ia8 the lie behind the lie detector
below. This should be done over the course of 5-15 seconds, ending
before the asking of the next question:
The fifth reaction is similar to the fourth, except that breathing
becomes shallower gradually before returning to one’s baseline
breathing pattern. Again, this should be done for 5-15 seconds,
ending before the asking of the next question:
Cardio/Electrodermal Countermeasures
In addition to the breathing countermeasures described above, you
can enhance your cardio (heart rate and blood pressure) response
to the “control” questions by choosing one (and only one, as com-
bining them may be overkill) of the following two, additional coun-
termeasures. These countermeasures may also produce an associated
electrodermal response:
1. Mental countermeasures: Perform mathematical calculations
in your head as quickly as you can. For example, divide I8, by
a or calculate the square root of ::,. Other activity that requires
focused concentration is also effective. For example, pick an
arbitrary number (say 8-a) and count backward by ,s as quickly
polygraph countermeasures Iau
as you can (Honts et al., Iuua). Alternatively, you may think
exciting thoughts, (e.g., falling off a cliff, an encounter with a
rattlesnake, being raped at knifepoint—use your imagination).
You want to think of something that will make your heart
race and cause an increase in blood pressure. Again, begin
either as soon as you recognize a “control” question, or right
after answering the “control” question, and continue for 8‒:o
seconds, but no longer than the beginning of the next question.
A breathing reaction may naturally accompany such mental
activity without your having to think about it.
2. Tongue biting. Bite down slowly on the side of your tongue
hard enough to produce moderate pain, but don’t cut your
tongue. (Honts et al., Iu8-, Iuua; Stewart, IuaI) Again, begin
either as soon as you recognize a question as a “control” ques-
tion, or right after answering the “control” question, and con-
tinue for 8‒:o seconds, but no longer than the beginning of
the next question. If you start biting as soon as you recognize
the “control” question, you will of course pause long enough
to answer the question, and then resume the tongue bite. Be
subtle, your polygrapher mustn’t notice. You can practice this
“pain countermeasure” in front of a mirror.
What About the Anal Sphincter Contraction?
The first three editions of The Lie Behind the Lie Detector included
constriction of the anal sphincter muscle as a physical countermea-
sure to be applied timely with the asking of the “control” questions.
This is one of the most discussed polygraph countermeasures
(Lykken, Iuu8; Williams Iuuo; Reid & Inbau, Iu,,), and readers may
well wonder why it has been dropped from this book.
In recent years, polygraph manufacturers such as Lafayette and
Axciton have begun marketing piezoelectric sensor pads that they
claim aid in the detection of physical countermeasures. These pads
are typically placed on the seat of the polygraph chair, and additional
I-o the lie behind the lie detector
pads may also be placed on the armrests or beneath the subject’s
feet. While no polygrapher has ever demonstrated any ability to
detect the anal sphincter contraction employed as a countermeasure,
even with the aid of such pads, we cannot exclude the possibility
that a sphincter contraction might result in a detectable change in
weight distribution over the surface of a piezoelectric sensor pad.
Given this uncertainty, we believe that mental countermeasures or
tongue-biting, which plainly cannot be detected by such means, are
preferable.
Countermeasures and the “Stim Test”
Don’t try to mystify your polygrapher by producing a reaction to a
card or number other than the one you actually picked or wrote
during the “stim test” (see pp. 8u‒u:). Instead, by employing the
breathing and cardio countermeasures you’ve learned to augment
your physiological responses as you answer the question about the
number or card you actually picked, you can make your polygrapher
think that you really are a “screamer,” and he won’t be surprised
when you react strongly to the “control” questions.
Practice Makes Perfect
You should practice both the breathing and cardio countermeasures
until you can employ them at will and with confidence. It would be
wise to re-read Chapters , and a of this book several times.
What About the Relevant Questions?
You may naturally be upset at being asked accusatory questions
such as “Did you leak that memo?” or “Have you committed an act
of espionage against the United States?” Don’t worry. Just maintain
your baseline breathing pattern. Your mind should be more at ease
knowing that you—and not your polygrapher—are in control. Even
if you produce a slight response when asked the accusatory relevant
polygraph countermeasures I-I
questions, you will have artificially produced stronger responses
while answering the “control” questions.
Countermeasures and the Relevant/Irrelevant “Test”
If you encounter a Relevant/Irrelevant “test” (see pp. II,–I:o) instead
of the much more common “Control” Question “Test,” don’t worry!
Because the polygrapher typically places more reliance on his sub-
jective impression of the subject’s honesty with this technique, the
behavioral countermeasures discussed earlier in this chapter will be
of increased importance, and combined with a lack of any substantive
admissions on your part, may well be enough to get you through
the “test.”
In addition, recall that with this technique polygraphers look for
“consistent, specific, and significant” responses to a particular rele-
vant question over multiple charts. You can prevent such a pattern
from occurring by simply producing responses to two differing
groups of two relevant questions within the different chart presenta-
tions.
It’s Not Over Till It’s Over
Remember to continue your baseline breathing pattern until the
pneumograph tubes are removed from your chest and abdomen.
If you have correctly identified the “control” questions and applied
the countermeasures described above, you should have produced a
strongly “truthful” chart.
To Explain or Not to Explain
Responses to Relevant Questions
At some point in the “in-test” phase, your polygrapher may turn
off the polygraph instrument, sit down in front of you, tell you that
a question is troubling you, and ask you if there is anything you
I-: the lie behind the lie detector
would like to get off your chest before a repeat polygraph chart is
done. This is a commonly-used bluff. Don’t fall for it.
If you have agreed against our advice to submit to a polygraph
interrogation in a criminal investigation, then under no circum-
stances should you try to explain why you might have reacted to a
question. Remember that any minor admissions you make at this
point are likely to be blown out of proportion. Maintain your truth-
fulness politely, but firmly. “I told you the truth, nothing is bothering
me about that question.”
If, however, you have submitted to a pre-employment or post-
employment polygraph screening interrogation, then you should
have some explanation prepared in advance that cannot be turned
into a damaging admission, just in case your polygrapher tells you
that one of the relevant questions really seems to bother you. If you
refuse to offer any explanation at all as to why you might have
reacted to a certain relevant question, then your polygrapher might
interpret it as stonewalling and use his discretion to render an adverse
opinion. Thus, you should appear concerned and puzzled as you
offer a pre-planned explanation. Some examples of explanations
that cannot be twisted into damaging admissions include:
• “All I can think of is that I’ve always felt guilty when I’m
accused of something. When I was a kid, if my Dad asked me if I
had done something bad or a teacher accused me of copying
someone else’s homework, even if I hadn’t, I’d get upset, and I
just knew I looked guilty to them.”
• “The only thing that comes to mind is that I’m in the middle
of reading a Tom Clancy novel which involves espionage/drug
dealing.” (If you use an explanation like this, be prepared to name
the book, and be sure you’re familiar with the story, just in case.)
• “I recently heard that an old childhood friend of mine died
of a drug overdose. I hadn’t seen him in years. I never would have
imagined that he would grow up to become a drug abuser. I
polygraph countermeasures I-,
couldn’t help thinking of him when you asked me the question
about drug use.”
You want to make certain that your “throw-away” explanation does
not invite further interrogation. For example, if the last explanation
in the above list referred simply to “a friend” rather than to “an old
childhood friend” whom you hadn’t seen in years, it might invite
interrogation about the kind of people with whom you associate.
Don’t memorize and repeat any of the above explanations word
for word! Again, polygraphers are reading this book, too, and if you
recite any of the explanations provided here verbatim, your poly-
grapher may catch on. Instead, have a couple explanations based
on your own life experience handy before you go into your polygraph
interrogation.
Be especially careful with any throw-away admissions you make
regarding drug use. Something as simple as admitting that you
took a prescription drug every four hours instead of the every six
your doctor prescribed, or that you lent a college roommate a handful
of prescription acne treatment cream, could well be written up by
the polygrapher as, “In the post-test interview, the applicant admitted
to illegal drug use that he did not disclose in his application.” (We
are aware of a case involving an applicant for employment with a
federal law enforcement agency where this actually happened.)
If your polygrapher remains unsatisfied after you have offered
your explanation as to why you might have reacted to one of the
relevant questions, then you should offer no further explanation. “I
told you the truth. I can’t think of any other reason why I might
have reacted when you asked that question.”
Which Question Bothered You the Most?
After collecting the polygraph charts, rather than directly accusing
you of deception, your polygrapher may begin by asking you to tell
him which question troubled you the most. Be sure to name one of
the “control” questions as being the one that most troubled you.
I-a the lie behind the lie detector
You might also have an innocuous explanation prepared, for exam-
ple, “I was most troubled by the question about lying to a loved
one, because I suddenly remembered that last month, I told my
mother-in-law that I couldn’t come over on the weekend to paint
her house because of work, but I actually had a fishing trip planned.”
(Again, don’t memorize and repeat the foregoing explanation word
for word! Come up with your own.)
Don’t Stay for a “Post-Test” Interrogation
After you’ve gone through all the question repetitions, your polyg-
rapher may attempt to subject you to a “post-test” interrogation.
He may tell you that your charts show deception (even if, based on
polygraph doctrine, they don’t), and that he can’t help you unless
you admit to whatever it is that was bothering you. Again, don’t fall
for this bluff. Your polygrapher is not there to “help” you. He is
not going to “go to bat” for you against headquarters. The sole
purpose of the “post-test” interrogation is to obtain a confession or
damaging admission. If your polygrapher attempts a “post-test”
interrogation, it is a good sign that you have already “failed.”
We believe that ethics dictate that one should be truthful with a
potential employer from the earliest point in the application process.
Having provided truthful information, under no circumstances
should you deviate from what you provided, no matter how hard
your polygrapher may lean on you. Remember that even an innocent
remark can be twisted into a damaging “admission.”
,I
You have
nothing to gain by remaining for a “post-test” interrogation. While
a “failed” polygraph “test” can be detrimental to your future em-
ployment potential (both with the testing agency and others), a
polygrapher’s report that you admitted to withholding information
,I
Recall how FBI polygrapher Mark Johnson mischaracterized Special Agent
Mark Mallah’s innocuous remarks (p. ,a).
can be absolutely devastating. Politely, but firmly, terminate the
polygraph countermeasures I--
interrogation, and leave. “I told you the truth, but you say I’m
lying. I don’t understand. I have nothing more to say to you. Good
day.”
In terminating the interrogation, be sure to avoid the following
mistake, which Reid (Iu8:) held was the surest behavioral sign of
deception:
The most significant behavior symptom that is indicative of guilt
is after a subject has been accused as guilty during an interrogation
and denies his implication, but while being dismissed turns to
the examiner, shakes his hand and says, “sorry to have cause you
so much trouble?”
A Note to CIA and NSA Applicants
If your polygraph examination is for employment with the CIA or
NSA, do not be surprised if you are told that you are “having
problems” at the end of your polygraph session, subjected to a
“post-test” interrogation, and scheduled for a “re-test.” It seems to
be standard operating procedure for these agencies to subject ap-
plicants to more than one polygraph session. One recent CIA ap-
plicant has explained how his polygraph operator, who had led him
to believe that he had just one shot at the polygraph, falsely accused
him of deception, subjected him to a full-blown “post-test” inter-
rogation, and then left the room
,:
:
He returns. Here it comes I think. To my surprise he announces
he has spoken to a supervisor about my case. I am being allowed
a chance to retest. I’m ecstatic. “Because we want you to pass
your polygraph, we are going to go ahead and schedule another
polygraph exam tomorrow to see if we can’t help you clear the
test. You have to understand, this is a rare second chance. We
,:
See the statement of “No Such Author,” received by AntiPolygraph.org in
:ooI:
http://antipolygraph.org/statements/statement-009.shtml
don’t do this often. We’re doing this because we want to try to
I-o the lie behind the lie detector
work with you. I want you to think very carefully about what has
happened here today and reconsider some of the answers you
have given.”
I return to the waiting area. Other applicants are there, waiting.
I’m surprised to hear from their conversations that nearly all of
them have been offered “rare” second chances to retake the poly-
graph the next day.…
And in the NSA, it is not unusual for applicants to be subjected to
as many as three polygraph examinations—the number that the
NSA polygraph unit is authorized to administer without approval
from above.
,,
Can’t Polygraphers Detect Countermeasures?
Although polygraphers frequently claim that any experienced exam-
iner can easily detect countermeasure attempts, peer-reviewed re-
search suggests that they cannot detect the kinds of countermeasures
described in this book at better than chance levels of accuracy.
(Honts et al. Iu8-, Iuua) Indeed, since it began publication in Iu,:,
Polygraph, the quarterly publication of the American Polygraph As-
sociation, has not published a single article explaining how polygra-
phers can detect such countermeasures! In January :oo:, Dr. Drew
C. Richardson, the FBI’s recently retired senior scientific expert on
polygraphy, reiterated a challenge to the polygraph community to
,,
According to the NSA’s polygraph regulation, obtained by AntiPolygraph.org
under the Freedom of Information Act, a fourth examination requires a decision
by the Director of Security, and any examination beyond that requires the approval
of the Deputy Director for Administration. The NSA polygraph regulation, along
with associated documentation, is available on AntiPolygraph.org at:
http://antipolygraph.org/read.shtml#NSA
prove its claimed ability to detect polygraph countermeasures. At
polygraph countermeasures I-,
the time of writing (March :oo-) Dr. Richardson’s challenge has
not been answered.
,a
Polygraph Counter-countermeasures
Although no polygrapher has yet demonstrated any ability to reliably
detect countermeasures, the polygraph community does have a num-
ber of techniques that may be used in an attempt to detect or deter
them. We will briefly discuss some of these here.
,-
Silent Answer Test
In this technique (Matte, Iuuo), which is apparently intended to
catch examinees off guard, the examinee is told to remain silent
during the “in test” phase and to answer the questions in his/her
head. Just as in normal polygraph examinations in which one answers
out loud, the way to pass the Silent Answer Test is produce stronger
reactions to the “control” questions than to the “relevant” questions.
Don’t do anything differently.
Yes Test
In this technique (Reid & Inbau, Iu,,), the subject is instructed to
answer all questions “Yes.” (In some cases, the “control” questions
may be left out.) The idea is to trick the subject who has been
augmenting his/her reactions to the “control” questions into pro-
ducing reactions to the relevant questions insead. If he/she does so,
,a
The number of days this challenge has gone without takers is updated daily
on the AntiPolygraph.org home page.
35
See the AntiPolygraph.org message board thread, “Counter-countermeasure
Techniques” for discussion of any newly discovered approaches that may not be
mentioned here:
http://antipolygraph.org/cgi-bin/forums/YaBB.pl?board=Proc;action=
display;num=1064482960
countermeasure use is inferred. If you encounter the “Yes Test,” be
I-8 the lie behind the lie detector
careful not to augment reactions to the relevant questions. If the
“control” questions are included, you still want to show reactions
to them.
Referring to Irrelevant Questions as “Control” Questions
Another counter-countermeasure approach that seems to be in use
is the following: during the pre-test phase, the polygrapher will
deliberately refer to one or more irrelevant questions as “control”
or “comparison” questions in an attempt to mislead the examinee.
If the examinee then shows strong reactions to any of these irrelevant
questions, the polygrapher infers that countermeasures have been
used.
Time Bars on Irrelevant Questions
The polygrapher may also apply “time bars” to irrelevant questions
in an attempt to make them appear more like “control” questions.
Examples of time-barred irrelevant questions include, “Between Iuuo
and :ooo, did you attend Georgetown University?” and, “Before
:oo-, did people sometimes call you Henry?” If the examinee shows
strong reactions to a time-barred irrelevant question, countermea-
sure use may be inferred.
“Dropping” of Polygraph Jargon
The “dropping” of polygraph jargon may be used as a counter-
countermeasure technique with subjects who deny having researched
polygraphy. For example, in the case of an examinee whose charts
are scored as passing, after the “in-test” or chart-collection phase,
the polygrapher may casually inform the examinee that his polygraph
results are “NDI.” An examinee who has not researched the polygraph
should not understand that “NDI” means “No Deception Indicated”
(that is, he/she has passed), and should appear confused by the
examiner’s statement. On the other hand, if the examinee appears
relieved by the news that his charts were “NDI,” it would suggest
that the examinee has, in fact, researched polygraphy, and it might
polygraph countermeasures I-u
be further inferred that the examinee has employed countermeasures.
Alternatively, the polygrapher might use the term “NSR,” which is
shorthand for “No Significant Response.” Some agencies prefer to
use this term in the context of screening examinations instead of
“NDI.”
This ruse may also be used with subjects whose charts are scored
as “failing.” In such cases, the polygrapher may start by telling the
examinee that his charts are “DI,” which is shorthand for “Deception
Indicated” (or possibly “SR” for “Significant Response”). Again,
the subject who has not researched polygraphy should not under-
stand the meaning of either of these terms.
Sensor Pads and Strain Gauges
As mentioned earlier in this chapter, some polygraph instruments
may be equipped with one or more piezoelectric sensor pads, typically
placed on the seat of the polygraph chair, and optionally on the
armrests and under the subject’s feet as well. The manufacturers
claim, without offering any scientific evidence, that these devices
may be used to detect physical countermeasures such as the anal
sphincter contraction. Some polygraphers may alternatively employ
one or more pneumatic (air-filled) sensor pads or a strain gauge
(typically placed under the front legs of the chair). Note that these
various pads and gauges clearly cannot detect the kinds of counter-
measures presented in this book (breathing manipulations, mental
countermeasures, and tongue-biting).
What If I’m Accused of Employing Countermeasures?
The countermeasures we’ve discussed produce physiological re-
sponses that are indistinguishable from those that polygraphers be-
lieve to be associated with truth-telling concerning the relevant issues.
But if the polygrapher (or his boss) was already suspicious of you
before the polygraph interrogation, he may remain suspicious even
Ioo the lie behind the lie detector
after you produce a “truthful” chart. He may accuse you of having
employed countermeasures, even though he can’t prove it.
This situation may be more likely if you have “failed” a polygraph
interrogation in the past. Perhaps you are reading this book because
you told the truth but “failed,” and you want to make sure that you
are not a false positive victim a second time. Your polygrapher will
be biased against you based on the earlier polygraph chart reading,
and may well be suspicious when you pass your second polygraph
interrogation with flying colors.
Your polygrapher might try the following bluff in an attempt to
get you to admit to employing countermeasures. He’ll turn off the
polygraph, disconnect the pneumograph tubes, arm cuff, and elec-
trodes, pull up a chair knee-to-knee with you, look you dead in the
eye, and in a calm voice declare, “I know what you’re doing.”(London
& Krapohl, Iuuu) Alternatively, your polygrapher may appear angry
or offended as he delivers his bluff. Don’t fall for it!
Another bluff you may encounter is this: your polygrapher will
tell you that it’s “obvious” that you’re manipulating the results.
He’ll tell you he thinks you’re honest, and he would like to help
you pass, but he can only do so if you admit to having used counter-
measures. He might at this point even tell you about a person his
agency recently hired who was only able to pass the polygraph after
admitting to having foolishly used countermeasures he had read
about on the Internet. (Some polygraphers may even mention
AntiPolygraph.org by name.) Don’t be fooled: this person who ad-
mitted to using countermeasures, passed, and went on to be hired
does not exist.
If your polygrapher attempts either of these bluffs with you, you
should appear to be confused, “I didn’t do any of the things you
said. I told you the truth.” Remember the first rule we discussed at
the beginning of this chapter: make no admissions! And the most
damaging admission you could possibly make (in your polygrapher’s
mind) is that you employed countermeasures.
polygraph countermeasures IoI
An Anecdote
During the Department of Energy’s public hearings on polygraph
policy (U.S. Department of Energy, Iuuub), Dr. Gordon H. Barland,
who before his retirement was in charge of countermeasures training
at DoDPI, attempted to convince his audience of scientists and
engineers that nowadays, polygraphers are able to detect counter-
measures such as those we’ve discussed in this book:
We now are training our examiners how to detect people who are
trying to manipulate their results, and we have learned a lot about
how people go about doing that.
Earlier this year we published a case where Doug Williams
,o
had given information to a person on how to beat the polygraph,
but he was not successful.
,,
But Dr. Barland forgot to mention that the person “was not success-
ful” because he admitted to having employed polygraph counter-
measures! Had he not made this admission, he might have “passed.”
,8
DoDPI itself uses Doug Williams’ manual, “How to Sting the
Polygraph” (Williams, Iuuo) in its countermeasures training. No
one at DoDPI has come up with a reliable method for detecting
these countermeasures, and Dr. Barland’s misleading statement be-
,o
Doug Williams is a former police polygrapher and author of “How to Sting
the Polygraph” (Williams, Iuuo).
,,
London & Krapohl, Iuuu.
,8
In the Ist and :nd editions of this book, we wrote that John “would have
passed” his polygraph interrogation had he not admitted to using countermea-
sures. However, as “L72cueak” pointed out in the message thread, “Lies in The
Lie Behind the Lie Detector” on the AntiPolygraph.org message board, this is not
necessarily the case. “L72cueak” states that federal polygraph examiners may
render a final opinion that a subject has employed countermeasures even though
a subject has made no such admission.
fore an audience of top-notch atomic scientists and engineers is
Io: the lie behind the lie detector
testimony to the polygraph community’s consternation over poly-
graph countermeasures.
If DoDPI had indeed developed a reliable method for detecting
polygraph countermeasures, one would expect that instead of dis-
couraging countermeasure attempts, DoDPI would keep mum and
give special scrutiny to those caught employing countermeasures.
Instead, Dr. Barland tried to scare his audience with misleading
information.
The federal polygraph community also played games with the
National Academy of Sciences, stonewalling it with regard to pur-
ported federal countermeasure studies as it conducted its review of
the scientific evidence on the polygraph (National Research Council,
:oo,, p. II8):
…we were advised by officials from DOE and DoDPI that there
was information relevant to our work, classified at the secret level,
particularly with regard to polygraph countermeasures. In order
to review such information, several committee members and staff
obtained national security clearances at the secret level. We were
subsequently told by officials of the Central Intelligence Agency
and DoDPI that there were no completed studies of polygraph
countermeasures at the secret level; we do not know whether
there are any such studies at a higher level of classification.…
Paul M. Menges, who teaches DoDPI’s countermeasure course for
polygraph examiners, wrote an article for Polygraph in which he
argues that making countermeasure information available to the
public is unethical and should be stopped (Menges, :oo:). Menges
even goes so far as to suggest that providing information such as
that contained in this book should be outlawed! Would a federal
polygraph examiner be making these arguments if the polygraph
community truly had effective and reliable counter-
,u
See George W. Maschke’s article, “A Response to Paul M. Menges Regarding
the Ethical Considerations of Providing Polygraph Countermeasures to the Pub-
countermeasures?
,u
polygraph countermeasures Io,
Keep Notes!
As soon as your polygraph interrogation is over, take detailed notes
for your personal records. You might take a portable tape recorder
with you for this purpose and leave it in your car, briefcase, or
purse. Often, you will not be told whether you passed or failed
before you leave. If you have employed the methods described in
this book, you should have handily passed. But you may have made
a mistake. Or your polygrapher may have decided even before asking
his first question that you are not going to pass. In the event you
are later told you failed or that your results were inconclusive, your
lic,” available on-line at:
http://antipolygraph.org/articles/article-029.shtml
contemporaneous notes will be of great importance.
chapter five
Grievance Procedures
Congress shall make no law respecting an establishment of religion or
prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peacefully to assemble, and to
petition the Government for a redress of grievances.
—United States Constitution, Amendment I
…when we assumed the soldier we did not lay aside the citizen.
—George Washington
Speak truth to power.
—Old Jewish tradition
If you have read this book prior to your polygraph interrogation,
you should not need to contest your polygraph results. However, if
your first exposure to this book comes after you have already sub-
mitted to and “failed” a polygraph “test,” read this section carefully.
If your polygrapher accuses you of being deceptive, there are several
steps you can take to maximize the utility of what little protest
process currently exists.
Start Keeping Records
Immediately after your polygraph interrogation ends, start to compile
a detailed “Memorandum for Record.” You may initially make hand-
written notes or use a tape recorder, but you are better off copying
these to a word processor file if you have a computer: it’s easier to
add to and edit this way. Start off with the place you took the exam,
the examiner’s name, the date, and the questions you were asked.
Write down every detail you can remember about the polygraph
“test”—no matter how insignificant it may seem at the time. Begin
with the questions you were asked, and which ones the polygrapher
grievance procedures Io-
accused you of being deceptive on. Also, be sure to include any
derogatory comments made by the examiner, questionable and/or
abusive tactics, etc. Be sure to start this memo the day of the ex-
am—not the next morning when you may have forgotten details.
Keep this document nearby so that you can add to it during the
following days when you may recall details that slipped your mind.
Having an accurate record will be crucial to almost anything you
do in attempting to clear your name.
Write a Letter of Protest
The next step is to send a letter to the Director of the agency for
which you took the exam maintaining your innocence and requesting
a “re-test.” This letter, like any further correspondence you may
have with the agency must be sent out by certified mail, return
receipt requested. These provisions amount to substantial proof that
your letter was sent and received. Many agencies, especially federal
ones, tend not to respond to letters from applicants who have failed
the polygraph. Write again if you do not receive a timely reply.
The following are the names and addresses of the directors of the
three federal agencies most known for rejections based on polygraph
exams, and are current as of March :oo-:
Drug Enforcement Agency
KAREN P. TANDY
ADMINISTRATOR
DRUG ENFORCEMENT AGENCY
MAILSTOP: AXS
2401 JEFFERSON DAVIS HIGHWAY
ALEXANDRIA, VA 22301
Ioo the lie behind the lie detector
Federal Bureau of Investigation
MR. ROBERT S. MUELLER III
DIRECTOR
FEDERAL BUREAU OF INVESTIGATION
J. EDGAR HOOVER BUILDING
935 PENNSYLVANIA AVENUE, NW
WASHINGTON DC 20535-0001
United States Secret Service
MR. W. RALPH BASHAM
DIRECTOR
US SECRET SERVICE
950 H STREET NW
WASHINGTON DC 20223
Report Abusive Behavior
If your polygrapher exhibits abusive behavior or inappropriate lan-
guage, file a report with the appropriate office. For example, in the
case of the FBI, you can file a report with the Bureau’s Office of
Professional Responsibility (OPR) or with the Office of the Inspector
General at the Department of Justice, addresses for which are pro-
vided below. These venues are particularly powerful because these
groups must investigate—they may not simply dismiss a complaint
out of hand.
OFFICE OF PROFESSIONAL RESPONSIBILITY
FBI HEADQUARTERS
J. EDGAR HOOVER BUILDING
925 PENNSYLVANIA AVENUE NW
WASHINGTON DC 20535
grievance procedures Io,
US DEPARTMENT OF JUSTICE
OFFICE OF THE INSPECTOR GENERAL
950 PENNSYLVANIA AVENUE NW, SUITE 4322
WASHINGTON DC 20530-0001
File a Privacy Act Request
If your polygraph exam was for a position with the federal govern-
ment, it is wise to request any records that the agency you took the
exam for is keeping under your name. These records may now
contain erroneous information (such as exaggerated or even fabri-
cated admissions) that it is in your interest to learn about and
attempt to correct. It is important that you fight the urge to avoid
thinking about what has happened and file your request promptly. If
you delay, the agency may later claim that the charts, supporting
documentation, and any audio- or videotape (everything, that is,
save for the polygrapher’s opinion that you were deceptive) has
been destroyed as a routine matter.
The Privacy Act of Iu,a (- U.S.C. --:a) provides that any person
has the right to request access to federal agency records or information
about him- or herself. All agencies of the United States Government
are required to disclose records upon receiving a written request
for them, except for those records that are exempted by statute.
More information regarding the Privacy Act may be found on the
Department of Justice website at:
http://www.usdoj.gov/04foia/04_7_1.html
Keep in mind that the Privacy Act applies only to federal agencies.
If your polygraph was with a state or local agency, check your local
laws. Each state has its own public access laws that should be con-
sulted.
Privacy Act requests must be in writing (once again, send everything
certified mail, return receipt). See Appendix D for a sample Privacy
Act request. Although the Freedom of Information Act (all Privacy
Io8 the lie behind the lie detector
Act requests are automatically handled as Freedom of Information
Act requests, also) mandates that a government agency must make
a determination on a request within :o working days of receipt
(which may be extended by an additional Io working days), many
agencies routinely fail to comply with the requirements of the FOIA.
Agencies frequently take months or even years to make a determina-
tion on requests for materials regarding polygraph examinations.
Sometimes, agencies never respond at all. You may wish to request
the help of your congressman or senator if you fail to receive the
requested information after the statutory period lapses. Indeed, you
may receive a more prompt response if you submit your Privacy
Act request through an attorney, or through one of your elected
representatives, to begin with. These requests are known to be taken
far more seriously than requests from “ordinary” citizens.
Here are some general guidelines for Privacy Act requests, based
on information from the U.S. Secret Service web site:
1. a request for records shall be made in writing, signed by the
person making the request, and stating that it is made pursuant
to the Privacy Act, - U.S.C. --:a;
2. the request must be addressed to the component that maintains
the record. Both the envelope and the request itself should be
clearly marked “Privacy Act Request”;
3. the request must reasonably describe the records;
4. the request must set forth an address where the person making
the request wants to be notified about whether or not the
request will be granted;
5. the request must state whether the requester wishes to inspect
the records or desires to have a copy made and furnished
without first inspecting them;
Below are the addresses for Privacy Act requests to the three federal
agencies best known for rejecting applicants based on false positive
polygraph results and the Department of Energy. Web links for
further information are also included. This information is current
as of March :oo-.
grievance procedures Iou
Department of Energy
http://www.ma.mbe.doe.gov/execsec/foia.htm
Requests for DOE records should be sent to:
U.S. DEPARTMENT OF ENERGY
FOIA/PRIVACY ACT GROUP
1000 INDEPENDENCE AVENUE, SW
WASHINGTON, D.C. 20585
(202) 586-5955
Drug Enforcement Agency
http://www.dea.gov/foia/dea.htm
Requests for DEA records should be sent to:
FREEDOM OF INFORMATION OPERATIONS UNIT (SARO)
DRUG ENFORCEMENT ADMINISTRATION
700 ARMY NAVY DRIVE
ARLINGTON, VA 22202
(202) 307-7596
Federal Bureau of Investigation
http://foia.fbi.gov/
Requests for FBI records should be sent to:
FEDERAL BUREAU OF INVESTIGATION
RECORD INFORMATION/DISSEMINATION SECTION (RIDS)
SERVICE REQUEST UNIT, ROOM 6359
935 PENNSYLVANIA AVENUE, NW
WASHINGTON, DC 20535
(202) 324-5520
I,o the lie behind the lie detector
United States Secret Service
http://www.secretservice.gov/foia.shtml
Requests for Secret Service records should be sent to:
UNITED STATES SECRET SERVICE
FREEDOM OF INFORMATION AND PRIVACY ACTS BRANCH
245 MURRAY DRIVE,
BUILDING 410
WASHINGTON, DC 20223
Keep in mind…
Describing the Records: Describe your records as broadly as possible
to prevent the agency from withholding something because you
were too specific in your descriptions. A good idea is to request any
and all information about yourself including but not limited to:
1. Your application for employment with the agency;
2. Oral interview evaluation notes and ranking;
3. Polygraph charts and audio/video tapes (if the examination
was taped);
4. Polygraph examiner written reports and evaluations;
5. All other documentation regarding your application;
6. All information maintained in [the agency’s] files about you;
7. All information that [the agency] may have entered into a
database about you, regardless of whether or not that database
is directly maintained by [the agency].
See Appendix D for a sample Privacy Act request letter.
Notarization: your request does not need to be notarized if you
include a declaration under penalty of perjury that the details of
your request are true and correct.
grievance procedures I,I
Write Your Elected Representatives
Write your congressman and senators, explaining what happened
and how you were treated. Inform them about the AntiPolygraph.org
web site. Urge them to introduce legislation removing the govern-
mental exemption to the Iu88 Employee Polygraph Protection Act.
Appendix E includes proposed language for a Comprehensive Em-
ployee Polygraph Protection Act. To find the mailing addresses for
your representatives, go to:
http://www.house.gov
http://www.senate.gov
Also, write Senator Orrin G. Hatch and the members of the Senate
Committee on the Judiciary. Senator Hatch is the chairman of this
committee, which is responsible for the oversight of federal law
enforcement agencies.
Contact information for members of this key committee may be
found at:
http://www.senate.gov/~judiciary/members.cfm
In addition, write to your state legislators, and urge them to ban
polygraph screening at the state level. The Minnesota polygraph
statute provided in Appendix F a good model for other states to
follow.
Investigate Legal Action
Currently, little recourse is available to false positive victims of pre-
employment polygraph exams. Governmental agencies are exempt
from the Iu88 Employee Polygraph Protection Act (EPPA). Few, if
any, laws regulate polygraphers and their conduct. However, as of
February :oo:, a noteworthy legal challenge to pre-employment
polygraph screening is pending.
I,: the lie behind the lie detector
On I- March :ooo, noted Washington, DC attorney Mark S. Zaid
filed a lawsuit against the DEA, FBI, and Secret Service in Federal
District Court on behalf of applicants who were rejected solely on
the basis of polygraph results. (Zaid, :ooo) This lawsuit is based on
-th amendment grounds, arguing that the applicants were denied
due process. For further information about the lawsuit, contact Mr.
Zaid by phone at (:o:) ::,-uo-o or by e-mail at <ZaidMS@aol.com>.
Post Your Experience on the Internet
Exercise your Ist Amendment right to free speech by publicly expos-
ing polygraph waste, fraud, and abuse. Write an account of your
experience to be posted on AntiPolygraph.org. Your silence only
plays into the hands of those who have abused you. The webmasters
of this non-profit site are polygraph victims themselves, and are
eager to post the accounts of others who have been wronged because
of our government’s reliance on unreliable polygraphy. They are
willing to post your story anonymously if you so desire.
Afterword
The whole process smacks of th century witchcraft…
—Senator Sam J. Ervin, Jr.
In the preceding chapters, you have seen that polygraphy is not
science, that it instead depends on trickery, that it is biased against
the truthful, and that deceptive persons can and have easily defeated
it through countermeasures. Our reliance on unreliable polygraphy
is a danger to our national security.
What is to be done about this danger? The answer is simple. We
need not wait until an accurate lie detector is found (it may never
happen) before getting rid of a fraudulent one. Polygraphy must be
abolished. Although Congress banned most compulsory polygraph
“testing” in the private sector through the Employee Polygraph
Protection Act (EPPA) in Iu88, our Government’s own polygraphers
continue to operate with impunity.
On the state level, Minnesota’s antipolygraph law (Appendix F) is
an excellent model for other states to follow. This legislation prevents
any employer (including state and local government entities) from
even requesting that an employee or candidate for employment sub-
mit to any “test” purported to determine truth or deception (this
covers the polygraph, CVSA, and any new “lie detection” methods
that may crop up). Even if an employee requests such a “test,” the
employer must inform him/her that the “test” is voluntary. Moreover,
the law establishes criminal as well as civil penalties for those who
violate it.
On the federal level, the Iu88 EPPA contains a fatal flaw: a carte
blanche exemption for Government. Congress must enact a Com-
prehensive Employee Polygraph Protection Act with no exemptions.
We have proposed language for such a law in Appendix E of this
book.
I,a the lie behind the lie detector
Our legislators should not stop at preventing future harm. They
must also act to repair the harm that has already been done. Agencies
that have relied on pseudoscientific polygraphy must be compelled
to expunge from Government records all derogatory “information”
developed through polygraphy.
Candidates for employment whose applications were terminated
as a result of polygraph “testing” should have their applications
reinstated. To safeguard both our nation and the reputations of its
citizens, we must rely upon real background investigations—not
the voodoo science of polygraphy.
Let us leave this :oth century witchcraft in the :oth century.
Polygraphy must be abolished.
appendix a
Law Enforcement Pre-Employment “Test”
The DoDPI Law Enforcement Pre-Employment “Test” is used
by federal law enforcement agencies that require pre-employment
polygraph screening, such as the FBI, U.S. Secret Service, and DEA.
The CIA’s pre-employment polygraph technique is similar. The ex-
aminer’s handbook for this technique (DoDPI :oo:) is available for
download from AntiPolygraph.org and should be considered re-
quired reading. The following three question sequences are from
Appendices E, F, and G of the handbook, respectively:
Law Enforcement Pre-Employment Test Question Sequence/Phase I
1. Irrelevant: Are the lights on in this room? Yes.
2. Sacrifice Relevant: Regarding the national security questions,
do you intend to answer each question truthfully? Yes.
3. Comparison: Before -----, did you ever lie about something
important? No.
4. Relevant: Do you know anyone who is engaged in espionage
or sabotage against the United States? No.
5. Comparison: Prior to -----, did you ever lie to someone in
authority? No.
6. Irrelevant: Is today -----?
7. Relevant: Have you intentionally mishandled any classified
information? No.
8. Comparison: Before -----, did you ever lie to cover something
up? No.
9. Relevant: Have you had any unauthorized foreign contacts?
No.
10. Comparison: Are you a really honest person? Yes.
11. Relevant: Have you ever been involved in terrorist or subversive
activity? No.
12. Comparison: Are you the kind of person who would betray a
friend? No.
I,o the lie behind the lie detector
Law Enforcement Pre-Employment Test Question Sequence/Phase 2
1. Irrelevant: Are the lights on in this room? Yes.
2. Sacrifice Relevant: Regarding your past, do you intend to
answer each question truthfully? Yes.
3. Comparison: Prior to -----, did you ever lie to make yourself
look better? No.
4. Relevant: Have you ever committed any serious crime? No.
5. Comparison: Are you the kind of person who would betray a
member of your family? No.
6. Relevant: Are you intentionally withholding any information
about your involvement with illegal drugs? No.
7. Irrelevant: Is this the month of -----? Yes.
8. Comparison: Are you absolutely trustworthy? Yes.
9. Relevant: Are you intentionally falsifying or omitting any in-
formation on your application forms? No.
10. Comparison: Before -----, did you ever cheat in school? No.
Breakdown Test Sequence (Drugs)
1. Irrelevant: Is today -----? Yes.
2. Sacrifice Relevant: Regarding your drug involvement, do you
intend to answer each question truthfully? Yes.
3. Comparison: Before -----, did you ever falsify any official
documents? No.
4. Relevant: Have you ever sold any illegal drugs? No.
5. Comparison: Before -----, did you ever violate any official
rules or regulations? No.
6. Relevant: Have you ever purchased any illegal drugs? No.
7. Comparison: Prior to this year, did you ever lie about some-
thing important? No.
8. Relevant: Are you now withholding any information from
me regarding your drug involvement? No.
9. Comparison: Prior to -----, did you ever do anything for
which you could be fired? No.
10. Relevant: Is there now any information on your employment
form which you know for a fact to be false? No.
11. Comparison: Before -----, did you ever tell a lie about anyone?
No.
appendix b
Modified General Question “Test”
The Modified General Question “Test” (MGQT) is a common
probable-lie “Control” Question “Test” format. The examiner com-
pares your reactions to the “control” or comparison questions with
your reactions to the relevant questions. Irrelevant questions serve
as buffers and are not scored. Norman Ansley, former chief of the
NSA’s polygraph unit, in an article published in the American Poly-
graph Association quarterly, Polygraph, (Ansley, Iuu8a) publicly dis-
closed the precise question sequence of both FBI’s and DoDPI’s
versions of the MGQT.
Those who may wish to employ countermeasures to protect them-
selves against a false positive outcome should be aware that knowing
the question order is no substitute for knowing how to recognize
the different types of questions (relevant, irrelevant, and “control”)
on the fly.
MODIFIED GENERAL QUESTION TECHNIQUE (MGQT)
Federal Bureau of Investigation, Iu8-
1. Irrelevant
2. Irrelevant
3. Relevant (Did you participate …)
4. Irrelevant
5. Relevant (Did you …)
6. Comparison question
7. Irrelevant
8. Evidence connecting relevant (Is that you in the photograph?)
9. Relevant (Are you lying to me about anything …)
10. Comparison question
Mixed series for third chart is: 4-1-9-6-2-3-10-5-6-8-10.
I,8 the lie behind the lie detector
MODIFIED GENERAL QUESTION TECHNIQUE SUMMARY
(MGQT TEST)
DoD Polygraph Institute, Iu8u
1. Irrelevant
2. Irrelevant
3. Relevant (plan, help, participate)
4. Irrelevant
5. Relevant (Did you …)
6. Comparison question
7. Irrelevant
8. Evidence connecting relevant
9. Relevant (Do you know who, knowledge …)
10. Comparison question
Mixed series for third chart: 4-1-5-6-3-10-9-6-8-10.
The CIA also uses the MGQT. London & Krapohl (Iuuu) describe
the pre-employment polygraph interrogation of a high-priority ap-
plicant for an “undisclosed” federal agency, known to be the CIA.
The polygraph format used is identified in the article as the MGQT.
The article provides charts for the Ist and :nd question series, the
order of which is:
1. Irrelevant
2. Irrelevant
3. Relevant
4. Irrelevant
5. Relevant
6. Comparison
7. Irrelevant
8. Relevant
9. Comparison
Note that in all three variations of the MGQT (FBI, DoDPI, and
CIA), each “control” or comparison question immediately follows
a relevant question.
appendix c
Zone Comparison “Test”
The Zone Comparison “Test” (ZCT), alternatively known as the
Zone of Comparison “Test” (ZOC), is the polygraph technique
most commonly used for polygraph interrogations concerning a
single issue, and it is used especially in criminal investigations. For
example, in a polygraph dragnet to find out who leaked information
to the press, a variant of the ZCT would likely be used.
As noted in Appendix A with regard to the Modified General
Question Test, those planning to use countermeasures to protect
themselves against a false positive outcome need to be able to recog-
nize the different types of questions (relevant, irrelevant, and “con-
trol” on the fly rather than attempting to memorize the orders in
which questions may be asked.
The following information about the Department of Defense Poly-
graph Institute ZCT is taken from former NSA polygraph program
director Norman Ansley’s article, “The Zone Comparison Test”
(Ansley, Iuu8b).
Zone Comparison Test Question Sequence
Department of Defense Polygraph Institute 1991
1. Irrelevant. Are the lights on in this room? Yes.
2. Sacrifice Relevant. Regarding that stolen money, do you intend
to answer truthfully each question about that? Yes.
3. Symptomatic. Are you completely convinced that I will not
ask you a question on this test that has not already been
reviewed? Yes.
4. Control. Prior to 1990, did you ever steal from someone who
trusted you? No.
5. Strong relevant. Did you steal any of that money? No.
6.Control. Prior to coming to Alabama, did you ever steal
anything? No.
7. Relevant. Did you steal any of that money from the footlocker?
No.
I8o the lie behind the lie detector
8. Symptomatic. Is there something else you are afraid I will ask
you a question about, even though I have told you I would
not? No.
9. Control. Prior to this year, did you ever steal anything from
an employer? No.
10. Weak Relevant. Do you know where any of that stolen money
is now? No.
SKY - Optional
11. Suspect. Do you suspect anyone in particular of stealing any
of that money? No.
12. Knowledge. Do you know for sure who stole any of that
money? No.
13. You. Did you steal any of that money? No.
Information on the following two varieties of the ZCT is taken
from chapter II of James Allen Matte’s Forensic Psychophysiology
Using the Polygraph.
DoDPI Bi-Spot Zone Comparison Test Structure
1. Irrelevant. Is today Monday?
2. Sacrifice Relevant. Regarding the incident you reported, do
you intend to answer truthfully each question about that?
3. Symptomatic. Are you completely convinced that I will not
ask you a question on this test that has not already been
reviewed?
4. Non-Current Exclusive Control. Prior to 1993, did you ever
lie to anyone in a position of authority?
5. Relevant. Did you lie about that man forcing you to have
sexual intercourse with him?
6. Non-Current Exclusive Control. Prior to this year, did you
ever lie about something you are ashamed of?
7. Relevant. Did you lie about that man forcing you to have
sexual intercourse with him in his apartment?
8. Non-Current Exclusive Control. Prior to 1990, did you ever
lie to get out of trouble?
9. Symptomatic. Is there something else you are afraid I will ask
you a question about, even though I have told you I would
not?
appendix c: zone comparison test I8I
Utah Zone Comparison Technique
1. Irrelevant
2. Sacrifice Relevant
3. Symptomatic
4. Control
5. Relevant
6. Control
7. Relevant
8. Irrelevant
9. Control
10. Relevant
Matte notes regarding the Utah technique that “at all times relevant
test questions responses at each (R) position are compared only
with the responses to the previous control question position.”
appendix d
Sample Privacy Act Request Letter
[name]
[address]
[telephone number]
Privacy Act Request
[agency name]
[agency address]
Dear Sir or Madam:
Under the Privacy Act (- USC --:a), I hereby request any and all
information about me including but not limited to:
1. My application for employment with the [agency name];
2. Oral interview evaluation notes and ranking;
3. Polygraph charts and audio tapes;
4. Polygraph examiner written reports and evaluations;
5. All other documentation regarding my application;
6. All information maintained in [agency name] files about me;
7. All information that [agency name] may have entered into a
database about me, regardless of whether or not that database
is directly maintained by [agency name].
My Social Security number is [social security number].
I declare under penalty of perjury that the foregoing is true and
correct. Executed on [date].
Sincerely,
[signature]
[name]
appendix e
Comprehensive Employee
Polygraph Protection Act
Now that the National Academy of Sciences has conducted an ex-
haustive study and found polygraph screening to be invalid, and
even a danger to national security, Congress should end the double
standard and extend the protections of the Iu88 Employee Polygraph
Protection Act to all Americans.
We propose the following changes to the Employee Polygraph
Protection Act (:u USC ::). Deletions are struck through. Additions
are underlined.
ao
TITLE 29 UNITED STATES CODE CHAPTER 22
COMPREHENSIVE EMPLOYEE POLYGRAPH PROTECTION ACT
§ 2001. Definitions.
§ 2002. Prohibitions on lie detector use.
§ 2003. Notice of protection.
§ 2004. Authority of Secretary.
(a) In general.
(b) Subpoena authority.
§ 2005. Enforcement provisions.
(a) Civil penalties.
(b) Injunctive actions by Secretary.
(c) Private civil actions.
(d) Waiver of rights prohibited.
§ 2006. Exemptions.
(a) No application to governmental employers.
(b) National defense and security exemption.
ao
To discuss this proposed legislation, see the AntiPolygraph.org message board
thread, “Comprehensive Employee Polygraph Protection Act”:
http://antipolygraph.org/cgi-bin/forums/YaBB.pl?board=Action&action=
display&num=1036766934
(c) FBI contractors exemption.
I8a the lie behind the lie detector
(d) Limited exemption for ongoing investigations.
(e) Exemption for security services.
(f) Exemption for drug security, drug theft, or drug diversion
investigations.
§ 2007. Restrictions on use of exemptions.
(a) Test as basis for adverse employment action.
(b) Rights of examinee.
(c) Qualifications and requirements of examiners.
§ 2008. Disclosure of information.
(a) In general.
(b) Permitted disclosures.
(c) Disclosure by employer.
§ 2009. Effect on other law and agreements.
Sec. 2001. Definitions
As used in this chapter:
(1) Commerce
The term “commerce” has the meaning provided by section 203(b)
of this title.
(2) Employer
The term “employer” includes any person acting directly or indirect-
ly in the interest of an employer in relation to an employee or
prospective employee.
(3) Lie detector
The term “lie detector” includes a polygraph, deceptograph, voice
stress analyzer, psychological stress evaluator, or any other similar
device (whether mechanical or electrical) that is used, or the results
of which are used, for the purpose of rendering a diagnostic opinion
regarding the honesty or dishonesty of an individual.
(4) Polygraph
The term “polygraph” means an instrument that -
(A) records continuously, visually, permanently, and simultaneously
changes in cardiovascular, respiratory, and electrodermal
patterns as minimum instrumentation standards;
and
(B) is used, or the results of which are used, for the purpose of
rendering a diagnostic opinion regarding the honesty or dishones-
ty of an individual.
(5) Secretary
The term “Secretary” means the Secretary of Labor.
appendix e: ceppa I8-
Sec. 2002. Prohibitions on lie detector use
Except as provided in sections 2006 and 2007 of this title, It shall be
unlawful for any employer engaged in or affecting commerce or in the
production of goods for commerce -
(1) directly or indirectly, to require, request, suggest, or cause any
employee or prospective employee to take or submit to any lie
detector test;
(2) to use, accept, refer to, or inquire concerning the results of any
lie detector test of any employee or prospective employee;
(3) to discharge, discipline, discriminate against in any manner, or
deny employment or promotion to, or threaten to take any such
action against -
(A) any employee or prospective employee who refuses, declines, or
fails to take or submit to any lie detector test,
(B) any employee or prospective employee on the basis of the results
of any lie detector test; or
(4) to discharge, discipline, discriminate against in any manner, or
deny employment or promotion to, or threaten to take any such
action against, any employee or prospective employee because -
(A) such employee or prospective employee has filed any complaint
or instituted or caused to be instituted any proceeding under or
related to this chapter,
(B) such employee or prospective employee has testified or is about
to testify in any such proceeding, or
(C) of the exercise by such employee or prospective employee, on
behalf of such employee or another person, of any right afforded
by this chapter.
Sec. 2003. Notice of protection
The Secretary shall prepare, have printed, and distribute a notice setting
forth excerpts from, or summaries of, the pertinent provisions of this
chapter. Each employer shall post and maintain such notice in conspic-
uous places on its premises where notices to employees and applicants to
employment are customarily posted.
Sec. 2004. Authority of Secretary
(a) In general
The Secretary shall -
(1) issue such rules and regulations as may be necessary or appropri-
ate to carry out this chapter;
I8o the lie behind the lie detector
(2) cooperate with regional, State, local, and other agencies, and
cooperate with and furnish technical assistance to employers,
labor organizations, and employment agencies to aid in effectuat-
ing the purposes of this chapter; and
(3) make investigations and inspections and require the keeping of
records necessary or appropriate for the administration of this
chapter.
(b) Subpoena authority
For the purpose of any hearing or investigation under this chapter,
the Secretary shall have the authority contained in sections 49 and 50
of title 15.
Sec. 2005. Enforcement provisions
(a) Civil penalties
(1) In general
Subject to paragraph (2), any employer who violates any provi-
sion of this chapter may be assessed a civil penalty of not more
than $10,000 $70,000.
(2) Determination of amount
In determining the amount of any penalty under paragraph (1),
the Secretary shall take into account the previous record of the
person in terms of compliance with this chapter and the gravity
of the violation.
(3) Collection
Any civil penalty assessed under this subsection shall be collected
in the same manner as is required by subsections (b) through (e)
of section 1853 of this title with respect to civil penalties assessed
under subsection (a) of such section.
(b) Injunctive actions by Secretary
The Secretary may bring an action under this section to restrain
violations of this chapter. The Solicitor of Labor may appear for and
represent the Secretary in any litigation brought under this chapter.
In any action brought under this section, the district courts of the
United States shall have jurisdiction, for cause shown, to issue
temporary or permanent restraining orders and injunctions to
require compliance with this chapter, including such legal or
equitable relief incident thereto as may be appropriate, including, but
not limited to, employment, reinstatement, promotion, and the
payment of lost wages and benefits.
appendix e: ceppa I8,
(c) Private civil actions
(1) Liability
An employer who violates this chapter shall be liable to the
employee or prospective employee affected by such violation.
Such employer shall be liable for such legal or equitable relief as
may be appropriate, including, but not limited to, employment,
reinstatement, promotion, and the payment of lost wages and
benefits.
(2) Court
An action to recover the liability prescribed in paragraph (1) may
be maintained against the employer in any Federal or State court
of competent jurisdiction by an employee or prospective
employee for or on behalf of such employee, prospective
employee, and other employees or prospective employees
similarly situated. No such action may be commenced more than
3 years after the date of the alleged violation.
(3) Costs
The court, in its discretion, may allow the prevailing party (other
than the United States) shall be entitled to recover its reasonable
costs, including attorney’s fees.
(d) Waiver of rights prohibited
The rights and procedures provided by this chapter may not be
waived by contract or otherwise, unless such waiver is part of a
written settlement agreed to and signed by the parties to the pending
action or complaint under this chapter.
Sec. 2006. Exemptions
(a) No application to governmental employers
This chapter shall not apply with respect to the United States
Government, any State or local government, or any political subdivi-
sion of a State or local government.
(b) National defense and security exemption
(1) National defense
Nothing in this chapter shall be construed to prohibit the
administration, by the Federal Government, in the performance
of any counterintelligence function, of any lie detector test to -
(A) any expert or consultant under contract to the Depart-
ment of Defense or any employee of any contractor of such
Department; or
I88 the lie behind the lie detector
(B) any expert or consultant under contract with the
Department of Energy in connection with the atomic energy
defense activities of such Department or any employee of any
contractor of such Department in connection with such
activities.
(2) Security
Nothing in this chapter shall be construed to prohibit the
administration, by the Federal Government, in the performance
of any intelligence or counterintelligence function, of any lie
detector test to -
(A)
(i) any individual employed by, assigned to, or detailed to,
the National Security Agency, the Defense Intelligence
Agency, the National Imagery and Mapping Agency, or
the Central Intelligence Agency,
(ii) any expert or consultant under contract to any such
agency,
(iii)any employee of a contractor to any such agency,
(iv) any individual applying for a position in any such
agency, or
(v) any individual assigned to a space where sensitive
cryptologic information is produced, processed, or
stored for any such agency; or
(B) any expert, or consultant (or employee of such expert or
consultant) under contract with any Federal Government
department, agency, or program whose duties involve access
to information that has been classified at the level of top
secret or designated as being within a special access program
under section 4.2(a) of Executive Order 12356 (or a succes-
sor Executive order).
(c) FBI contractors exemption
Nothing in this chapter shall be construed to prohibit the administra-
tion, by the Federal Government, in the performance of any counter-
intelligence function, of any lie detector test to an employee of a
contractor of the Federal Bureau of Investigation of the Department
of Justice who is engaged in the performance of any work under the
contract with such Bureau.
(d) Limited exemption for ongoing investigations
Subject to sections 2007 and 2009 of this title, this chapter shall not
appendix e: ceppa I8u
prohibit an employer from requesting an employee to submit to a
polygraph test if -
(1) the test is administered in connection with an ongoing investiga-
tion involving economic loss or injury to the employer's busi-
ness, such as theft, embezzlement, misappropriation, or an act of
unlawful industrial espionage or sabotage;
(2) the employee had access to the property that is the subject of the
investigation;
(3) the employer has a reasonable suspicion that the employee was
involved in the incident or activity under investigation; and
(4) the employer executes a statement, provided to the examinee
before the test, that
(A) sets forth with particularity the specific incident or
activity being investigated and the basis for testing particular
employees,
(B) is signed by a person (other than a polygraph examiner)
authorized to legally bind the employer,
(C) is retained by the employer for at least 3 years, and
(D) contains at a minimum -
(i) an identification of the specific economic loss or injury
to the business of the employer,
(ii) a statement indicating that the employee had access to
the property that is the subject of the investigation, and
(iii)a statement describing the basis of the employer's
reasonable suspicion that the employee was involved in
the incident or activity under investigation.
(e) Exemption for security services
(1) In general
Subject to paragraph (2) and sections 2007 and 2009 of this title,
this chapter shall not prohibit the use of polygraph tests on
prospective employees by any private employer whose primary
business purpose consists of providing armored car personnel,
personnel engaged in the design, installation, and maintenance
of security alarm systems, or other uniformed or plainclothes
security personnel and whose function includes protection of -
(A) facilities, materials, or operations having a significant impact
on the health or safety of any State or political subdivision
thereof, or the national security of the United States, as
Iuo the lie behind the lie detector
determined under rules and regulations issued by the
Secretary within 90 days after June 27, 1988, including -
(i) facilities engaged in the production, transmission, or
distribution of electric or nuclear power,
(ii) public water supply facilities,
(iii)shipments or storage of radioactive or other toxic waste
materials, and
(iv) public transportation, or
(B) currency, negotiable securities, precious commodities or
instruments, or proprietary information.
(2) Access
The exemption provided under this subsection shall not apply if
the test is administered to a prospective employee who would not
be employed to protect facilities, materials, operations, or assets
referred to in paragraph (1).
(f) Exemption for drug security, drug theft, or drug diversion
investigations
(1) In general
Subject to paragraph (2) and sections 2007 and 2009 of this title,
this chapter shall not prohibit the use of a polygraph test by any
employer authorized to manufacture, distribute, or dispense a
controlled substance listed in schedule I, II, III, or IV of section
812 of title 21.
(2) Access
The exemption provided under this subsection shall apply -
(A) if the test is administered to a prospective employee who
would have direct access to the manufacture, storage,
distribution, or sale of any such controlled substance; or
(B) in the case of a test administered to a current employee,
if -
(i) the test is administered in connection with an ongoing
investigation of criminal or other misconduct involving,
or potentially involving, loss or injury to the man-
ufacture, distribution, or dispensing of any such con-
trolled substance by such employer, and
(ii) the employee had access to the person or property that is
the subject of the investigation.
appendix e: ceppa IuI
Sec. 2007. Restrictions on use of exemptions
(a) Test as basis for adverse employment action
(1) Under ongoing investigations exemption
Except as provided in paragraph (2), the exemption under
subsection (d) of section 2006 of this title shall not apply if an
employee is discharged, disciplined, denied employment or
promotion, or otherwise discriminated against in any manner on
the basis of the analysis of a polygraph test chart or the refusal to
take a polygraph test, without additional supporting evidence.
The evidence required by such subsection may serve as addition-
al supporting evidence.
(2) Under other exemptions
In the case of an exemption described in subsection (e) or (f) of
such section, the exemption shall not apply if the results of an
analysis of a polygraph test chart are used, or the refusal to take a
polygraph test is used, as the sole basis upon which an adverse
employment action described in paragraph (1) is taken against
an employee or prospective employee.
(b) Rights of examinee
The exemptions provided under subsections (d), (e), and (f) of
section 2006 of this title shall not apply unless the requirements
described in the following paragraphs are met:
(1) All phases
Throughout all phases of the test
(A) the examinee shall be permitted to terminate the test at
any time;
(B) the examinee is not asked questions in a manner
designed to degrade, or needlessly intrude on, such examin-
ee;
(C) the examinee is not asked any question concerning -
(i) religious beliefs or affiliations,
(ii) beliefs or opinions regarding racial matters,
(iii)political beliefs or affiliations,
(iv) any matter relating to sexual behavior; and
(v) beliefs, affiliations, opinions, or lawful activities regard-
ing unions or labor organizations; and
(D) the examiner does not conduct the test if there is
sufficient written evidence by a physician that the examinee
is suffering from a medical or psychological condition or
Iu: the lie behind the lie detector
undergoing treatment that might cause abnormal responses
during the actual testing phase.
(2) Pretest phase
During the pretest phase, the prospective examinee -
(A) is provided with reasonable written notice of the date,
time, and location of the test, and of such examinee's right to
obtain and consult with legal counsel or an employee
representative before each phase of the test;
(B) is informed in writing of the nature and characteristics of
the tests and of the instruments involved;
(C) is informed, in writing -
(i) whether the testing area contains a two-way mirror, a
camera, or any other device through which the test can
be observed,
(ii) whether any other device, including any device for
recording or monitoring the test, will be used, or
(iii)that the employer or the examinee may (with mutual
knowledge) make a recording of the test;
(D) is read and signs a written notice informing such
examinee -
(i) that the examinee cannot be required to take the test as a
condition of employment,
(ii) that any statement made during the test may constitute
additional supporting evidence for the purposes of an
adverse employment action described in subsection (a)
of this section,
(iii)of the limitations imposed under this section,
(iv) of the legal rights and remedies available to the examinee
if the polygraph test is not conducted in accordance with
this chapter, and
(v) of the legal rights and remedies of the employer under
this chapter (including the rights of the employer under
section 2008(c)(2) of this title); and
(E) is provided an opportunity to review all questions to be
asked during the test and is informed of the right to termi-
nate the test at any time.
appendix e: ceppa Iu,
(3) Actual testing phase
During the actual testing phase, the examiner does not ask such
examinee any question relevant during the test that was not
presented in writing for review to such examinee before the test.
(4) Post-test phase
Before any adverse employment action, the employer shall -
(A) further interview the examinee on the basis of the results
of the test; and
(B) provide the examinee with -
(i) a written copy of any opinion or conclusion rendered as
a result of the test, and
(ii) a copy of the questions asked during the test along with
the corresponding charted responses.
(5) Maximum number and minimum duration of tests
The examiner shall not conduct and complete more than five
polygraph tests on a calendar day on which the test is given, and
shall not conduct any such test for less than a 90-minute dura-
tion.
(c) Qualifications and requirements of examiners
The exemptions provided under subsections (d), (e), and (f) of
section 2006 of this title shall not apply unless the individual who
conducts the polygraph test satisfies the requirements under the
following paragraphs:
(1) Qualifications
The examiner -
(A) has a valid and current license granted by licensing and
regulatory authorities in the State in which the test is to be
conducted, if so required by the State; and
(B) maintains a minimum of a $50,000 bond or an equiv-
alent amount of professional liability coverage.
(2) Requirements
The examiner -
(A) renders any opinion or conclusion regarding the test -
(i) in writing and solely on the basis of an analysis of
polygraph test charts,
(ii) that does not contain information other than admis-
sions, information, case facts, and interpretation of the
charts relevant to the purpose and stated objectives of
the test, and
Iua the lie behind the lie detector
(iii)that does not include any recommendation concerning
the employment of the examinee; and
(B) maintains all opinions, reports, charts, written questions,
lists, and other records relating to the test for a minimum
period of 3 years after administration of the test.
Sec. 2008. Disclosure of information
(a) In general
A person, other than the examinee, may not disclose information
obtained during a polygraph test, except as provided in this section.
(b) Permitted disclosures
A polygraph examiner may disclose information acquired from a
polygraph test only to -
(1) the examinee or any other person specifically designated in
writing by the examinee;
(2) the employer that requested the test; or
(3) any court, governmental agency, arbitrator, or mediator, in
accordance with due process of law, pursuant to an order from a
court of competent jurisdiction.
(c) Disclosure by employer
An employer (other than an employer described in subsection (a),
(b), or (c) of section 2006 of this title) for whom a polygraph test is
conducted may disclose information from the test only to -
(1) a person in accordance with subsection (b) of this section;
or
(2) a governmental agency, but only insofar as the disclosed informa-
tion is an admission of criminal conduct.
Sec. 2009. Effect on other law and agreements
Except as provided in subsections (a), (b), and (c) of section 2006 of this
title, This chapter shall not preempt any provision of any State or local
law or of any negotiated collective bargaining agreement that prohibits lie
detector tests or is more restrictive with respect to lie detector tests than
any provision of this chapter.
appendix f
Minnesota Polygraph Statute
Chapter I8I Section ,- of the Current Minnesota Statutes (Iuuu
edition) should serve as a model for other states:
181.75 Polygraph tests of employees or prospective employees
prohibited.
Subdivision 1. Prohibition, penalty. No employer or agent thereof
shall directly or indirectly solicit or require a polygraph, voice
stress analysis, or any test purporting to test the honesty of any
employee or prospective employee. No person shall sell to or
interpret for an employer or the employer’s agent a test that the
person knows has been solicited or required by an employer or
agent to test the honesty of an employee or prospective employee.
An employer or agent or any person knowingly selling, adminis-
tering, or interpreting tests in violation of this section is guilty of
a misdemeanor. If an employee requests a polygraph test any
employer or agent administering the test shall inform the employee
that taking the test is voluntary.
Subd. 2. Investigations. The department of labor and industry
shall investigate suspected violations of this section. The depart-
ment may refer any evidence available concerning violations of
this section to the county attorney of the appropriate county,
who may with or without such reference, institute the appropriate
criminal proceedings under this section.
Subd. 3. Injunctive relief. In addition to the penalties provided by
law for violation of this section, specifically and generally, whether
or not injunctive relief is otherwise provided by law, the courts of
this state are vested with jurisdiction to prevent and restrain vi-
olations of this section and to require the payment of civil penalties.
Whenever it shall appear to the satisfaction of the attorney general
that this section has been or is being violated, the attorney general
shall be entitled, on behalf of the state, to sue for and have injunctive
relief in any court of competent jurisdiction against any such
violation or threatened violation without abridging other penalties
provided by law.
Iuo the lie behind the lie detector
Subd. 4. Individual remedies. In addition to the remedies otherwise
provided by law, any person injured by a violation of this section
may bring a civil action to recover any and all damages recoverable
at law, together with costs and disbursements, including costs of
investigation and reasonable attorney’s fees, and receive other
equitable relief as determined by the court. The court may, as
appropriate, enter a consent judgment or decree without a finding
of illegality.
appendix g
Polygraph Countermeasure Review
If You Are Suspected of a Crime
• If you are a suspect in a criminal investigation, you should
not submit to a polygraph examination at the request of law en-
forcement. The “test” is merely an excuse to interrogate you with
no lawyer present.
Make No Admissions!
• If you do choose to submit to a polygraph for some other
reason (most likely as a pre-requisite for an employment process),
the most important step you can take to minimize the potential
for a negative outcome is to make no admissions. The primary
utility of polygraphy is that it encourages people ignorant of how
it works to offer up derogatory information about themselves
that they would not otherwise provide. Remember, the damage
done by a “failed” polygraph “test” pales in comparison to a “test”
(regardless of result) accompanied by a sworn statement from a
law enforcement officer alleging that you admitted to withholding
information in sworn documents. No agency wants to hire a person
that is only candid when faced with a psychological torture device.
Nothing good can come of changing your story one iota when
you enter a polygraph suite—so make no admissions!
• Sign no statements admitting to changes from what you
provided earlier.
• Make no admissions is also the rule if and when a polygrapher
accuses you of using countermeasures.
Come Armed With Knowledge
• Polygraphy is completely dependent on trickery. Review
Chapter , until you have a full understanding of the fraudulent
procedure before you arrive for your polygraph “test.”
Iu8 the lie behind the lie detector
• Take pride in your appearance. Subjective biases of the poly-
grapher can go a long way toward influencing the final results.
Conservative dress, a shave, and shiny shoes are the order of the
day.
• Arrive at your polygraph examination on time. Lateness is
often interpreted as a sign of deception. Consider getting a nearby
hotel room if the polygraph requires a long commute.
• Recognize that the polygraph “test” is an interrogation. One
of the primary interrogation techniques that polygraphers are
trained in involves the examiner acting as if he is your friend or
an ally against the employer. In actuality, your polygrapher’s job
is simple: to get you to make damaging admissions.
• When answering any questions on polygraph day, do not
deviate whatsoever from what you have already stated. If you pre-
viously reported to the agency having smoked marijuana five times,
and the polygrapher asks if it could have been six, the answer is
“no.” Changing your statement at his suggestion to something
like “less than ten times,” while still accurate, is a prescription for
disaster.
• Familiarize yourself with the various polygraph formats. If
you are applying for a law enforcement position, you are most
likely to face a probable-lie “control” question “test.”
• Spend time learning to recognize probable lie “control” ques-
tions. As the name implies, the goal of the examiner when he is
crafting “control” questions is to formulate a question that you
will probably respond to with a lie.
• Avoid simply memorizing lists of common “control” ques-
tions. You should, instead, understand the rationale behind “con-
trol” questions. Reading the polygrapher’s demeanor when you
ask for clarification can go a long way in helping to identify “con-
trol” questions.
appendix g: polygraph countermeasure review Iuu
• Familiarize yourself with the scorable breathing reactions
and cardio/electrodermal manipulations described in Chapter a.
• Be sure to understand the “stim test”—the trick played by
polygraphers with cards and/or numbers at the outset of most
polygraph “tests.” Although the examiner will explain that the
function of the “test” is to calibrate the machine, the real purpose
is to instill fear in you that the machine will detect any attempt at
deception. Apply countermeasures here at the point where you
“lie” to the polygrapher.
• During the “in-test” phase, employ these countermeasures
as soon as you recognize each “control” question and for 8–:o
seconds thereafter.
• Recognize that the only reliable method polygraphers have
of detecting countermeasures is to bluff examinees into making
an admission. Polygrapher bluffing regarding countermeasures is
becoming more common as more and more examinees are learning
the truth about polygraphy. Make no admissions!
• Be keenly alert for any possible segue into the “post-test”
interrogation phase. Don’t stay to repeat your denials to the same
question ad nauseam. Politely pull the plug on the session after
being taken over the same question two or three times. You are
not being paid for your time, and there is nothing to gain by
allowing yourself to be subjected psychological abuse.
• Regardless of what you may have heard about Aldrich Ames
talking his way out of deceptive charts, be extremely careful if you
choose to explain a purported response to a relevant question. This
brings with it the risk of having an admission/confession falsely
attributed to you. There may not have even been a reaction to the
question in the first place.
Bibliography
This bibliography includes works cited in this book in addition
to some works not cited which may be of interest to those wishing
to learn more about polygraphy.
Ames, Aldrich Hazen. (:ooo) Undated letter (postmarked
:8 November :ooo) to Steven Aftergood of the Federation of
American Scientists. Available on-line at:
http://www.fas.org/sgp/othergov/polygraph/ames.html
Anonymous (n.d. a) “The Truth about the Polygraph.” Unpublished
paper. n.d.
The author is a psychophysiologist who requests that his name
be withheld.
Anonymous (n.d. b) “How to Succeed at Pre Employment Polygraph
Examinations.” A Ia-page Adobe Acrobat (PDF) file. Available
for sale on-line at:
http://www.polygraphpass.com
Although published anonymously, information provided via the
PolygraphPass.com website at the time of purchase suggests that
the author of this document is California polygrapher Sherri
Dean, and although the document is undated, information stored
in the PDF file indicates that it was created on I, March :ooI.
This document discusses behavioral countermeasures only.
Anonymous (n.d. c) “Polygraph: Take It Or Leave It.” An article
purportedly written by a polygapher who “quit polygraph work
because he felt many of the procedures were unethical” and
published by Oregonians for Rationality. Available on-line at:
http://home.comcast.net/~dchapman2146/pf_v2n1/Polygraph.htm
bibliography :oI
Anonymous. (:ooo) “Polygraph Statement of John Doe #1.” Avail-
able on-line at:
http://antipolygraph.org/statements/statement-005.shtml
Ansley, Norman. (Iuu8a) “The Validity of the Modified General
Question Test (MGQT),” Polygraph, Vol. :, (Iuu8), No. I, pp.
,-–aa.
————. (Iuu8b) “The Zone Comparison Test,” Polygraph, Vol.
:, (Iuu8), No. :, pp. Io8-I::.
Asseo, Laurie. (Iuu,) “Justices Appear to Doubt Polygraph.” Associ-
ated Press article published in The Albuquerque Journal, a No-
vember Iuu,.
Baer, Robert. (:oo:) See No Evil: The True Story of a Ground Soldier
in the CIA’s War on Terrorism. New York: Crown Publishers,
:oo:.
Bailey, Robert S. (:ooI) Prepared statement submitted to the U.S.
Senate Select Committee on Intelligence at a , April :ooI oversight
hearing into the Daniel M. King case. Available on-line at:
http://www.fas.org/irp/ops/ci/king/ssci_bailey.html
Bamford, James. (:oo:) Body of Secrets: Anatomy of the Ultra-secret
National Security Agency. New York: Anchor Books, :oo:. In-
cludes a discussion of the NSA polygraph program at pp. -,o–a:.
Barland, Gordon H., Charles R. Honts, and Steven D. Barger. (Iu8u)
Studies of the Accuracy of Security Screening Polygraph Exam-
inations. Department of Defense Polygraph Institute,
:aMarchIu8u. Available on-line in Adobe Acrobat (PDF) format
at:
http://truth.boisestate.edu/raredocuments/bhb.html
:o: the lie behind the lie detector
Beardsley, Tim. (Iuuu) “Truth or Consequences: A Polygraph Screen-
ing Program Raises Questions about the Science of Lie Detec-
tion,” Scientific American, October, Iuuu. Available on-line at:
http://www.sciam.com/1999/1099issue/1099infocus.html
Byford, H.L. (Iuuu) E-mail dated o August Iuuu. Available on-line
at:
http://www.nopolygraph.com/examiner.htm
Although SA Byford is not identified as the author of this e-mail
on the above-referenced page, his identity and the date of his
e-mail message are made clear at para. -o of attorney Mark S.
Zaid’s polygraph lawsuit. (Zaid, :ooo)
Capps, Michael H., Brenda L. Knill and Ronnie K. Evans. (Iuu,)
“Effectiveness of the Symptomatic Questions,” Polygraph, Vol.
:: (Iuu,), No. a, pp. :8-–:u8.
CBSNews.com. (:ooo) “Wen Ho Lee’s Problematic Polygraph.”
aFebruary :ooo. Available on-line at:
http://cbsnews.cbs.com/now/story/0,1597,157220-412,00.shtml
Clifton, Charles. (IuuI) Deception Detection: Winning the Polygraph
Game. Boulder, Colorado: Paladin Press, IuuI.
While the author’s treatment of polygraph chart-recording ma-
nipulations is entirely inadequate, his discussion of behavioral
countermeasures is good. Chapter o (The Day of the Test) pro-
vides excellent advice on how to make a good impression on,
and develop rapport with, a polygraph examiner. See also Ap-
pendix A (Polygraph Dos and Don’ts) and Appendix B
(Polygraphers’ Favorite Verbal Ploys).
Curreri, Frank. (:ooo) “Wanted: A Squeaky Clean Record,” The
Salt Lake Tribune, I, August :ooo.
bibliography :o,
Department of Defense Polygraph Institute (:oo:). “Law Enforce-
ment Pre-Employment Test.” :, pages. Available in Adobe Ac-
robat (PDF) format at:
http://antipolygraph.org/documents/dodpi-lepet.pdf
————. (Iuu-). “Test Data Analysis.” oI pages. Available on-line
in Adobe Acrobat (PDF) format at:
http://antipolygraph.org/documents/dodpi-test-data-analysis.pdf
Dollins, Andrew B. (Iuu,) “Psychophysiological Detection of Decep-
tion Accuracy Rates Obtained Using the Test for Espionage and
Sabotage: A Replication.” Report No. DoDPI97-P-0009. Depart-
ment of Defense Polygraph Institute, :u July Iuu,. Available
on-line in Adobe Acrobat (PDF) format (I., MB) at:
http://antipolygraph.org/documents/dodpi97-p-0009.pdf
This report provides the protocol only for a validity study. Ap-
pendix I of this report explains how the polygrapher is to conduct
the interrogation, including the psychological manipulations (de-
ceptions) involved. It is available on-line in HTML format at:
http://antipolygraph.org/documents/dodpi97-p-0009-
appendix-i.shtml
Furedy, John. J. (Iuuo) “The North American Polygraph and Psy-
chophysiology: Disinterested, Uninterested, and Interested Per-
spectives,” International Journal of Psychophysiology, Vol. :I
(Iuuo), No. :‒,. Abstract:
From both a scientific and an applied psychophysiological
point of view, the related but different ideas of using physio-
logical measures to differentiate and detect deception are of
considerable potential interest. This paper’s primary concern
is with psychophysiological detection, and it is mainly focussed
on the North American “Control” Question “Test” (CQT).
The treatment is disinterested in the sense that there is an
insistence on employing fundamental terms in a logically con-
:oa the lie behind the lie detector
sistent way. Following a detailed description of the CQT, and
an analysis of it and related psychophysiological deception
procedures, it is suggested that, by and large, the North Amer-
ican research psychophysiological community has failed to
measure up to the standards of disinterestedness with respect
to the psychophysiological detection of deception. Instead it
has adopted an uninterested perspective, which has allowed
the interested community of professionals who employ the
CQT to hood-wink both themselves and others (including
the American Psychological Association) that the CQT is a
controversial, but scientifically-based, test for detecting de-
ception. As the most cognate organization, the international
psychophysiological research community needs to take a more
active and disinterested role in this salient purported applica-
tion of psychophysiology—the detection of deception.
The entire article is available on-line at:
http://psych.utoronto.ca/~furedy/napoly.htm
Geracimos, Ann. (:oo:) “A special kind of education,” Washington
Times, :, December :oo:.
Grassley, Charles E. (Iuu,) Letter to Dr. Donald Kerr dated :IOcto-
berIuu,. Available on-line in Adobe Acrobat (PDF) format at:
http://antipolygraph.org/hearings/senate-judiciary-
1997/grassley-letter.shtml
Harrelson, Leonard H. (Iuu8) Lietest: Deception, Truth and the Poly-
graph. Fort Wayne, Indiana: Jonas Publishing, Iuu8.
Honts, Charles R., Robert L. Hodes, and David C. Raskin. (Iu8-)
“Effects of Physical Countermeasures on the Physiological De-
tection of Deception,” Journal of Applied Psychology, Vol. ,o
(Iu8-), No. I, pp. I,,-8,. Abstract:
Effects of physical countermeasures on the accuracy of the
control question test (CQT) were assessed in two laboratory
mock-crime experiments. In Experiment I, :I male and :,
bibliography :o-
female college students were divided into four groups, three
of which enacted a mock crime. Two of these guilty groups
were trained in the use of a countermeasure, either biting the
tongue (pain countermeasure) or pressing the toes against
the floor (muscle countermeasure) during the control question
zones of the CQT. All countermeasure subjects were given
extensive information about the nature of the CQT. No sig-
nificant effects for countermeasures were found. Experiment
: assessed the effects of additional training and the concurrent
use of both countermeasures with ,I female and :o male college
students who were divided into three groups, two of which
enacted a mock crime. Countermeasures subjects produced
a,% false negatives as compared to o% false negatives for
Guilty Control subjects. False negative outcomes occurred
when subjects were able to produce physiological responses
that were larger to control questions than to relevant questions.
These results should be qualified by the possibility that the
countermeasure task would be considerably more difficult if
the relevant questions dealt with a real crime in an actual
investigation. Countermeasure detectors, counter-
countermeasures, and the implications of these results for
the probative value of the CQT are discussed.
In the first experiment, subjects received a maximum of only I-
minutes of training. In the second experiment, a maximum of
,o minutes of training was provided, though subjects “were
encouraged to practice their countermeasures at home.” Readers
of The Lie Behind the Lie Detector will have significantly greater
time and motivation to prepare themselves.
———— (IuuI) “The Emperor’s New Clothes: Application of Poly-
graph Tests in the American Workplace,” Forensic Reports, a
(IuuI): uI–IIo. Abstract:
Most of the private-sector uses of the polygraph in the United
States were eliminated by the Employee Polygraph Protection
Act of Iu88. However, polygraph use by the federal government
continues to grow unabated. The government uses polygraph
tests in criminal investigations and in national security screen-
:oo the lie behind the lie detector
ing. All uses are controversial, but the screening uses are par-
ticularly so. In national security screening, polygraph tests
are used both in the hiring process and with current employees.
Polygraph tests used in the hiring process are without empirical
support. Polygraphers’ claims of high utility on the basis of
development of information during interrogations are suspect
because information they develop has never been shown to
be predictive of future behavior. Research and analyses con-
ducted on the Department of Defense’s Counterintelligence
Scope Polygraph (CSP) Screening Program indicate that the
polygraph tests used in that program are unable to discriminate
truthtellers from deceivers. It appears that the CSP polygraph
examinations correctly classify only about :% of the guilty
subjects. Effective countermeasures exacerbate this problem
and may render the CSP Screening Program completely inef-
fective at detecting deception. Politically unpleasant changes
that must involve calling a substantial number of innocent
subjects deceptive are necessary if national security screening
polygraphs are to be applied effectively.
The entire article is available on-line in Adobe Acrobat (PDF)
format (I MB) at:
http://truth.boisestate.edu/raredocuments/ENC.html
————, David C. Raskin, and John C. Kircher. (Iuua) “Mental
and Physical Countermeasures Reduce the Accuracy of Poly-
graph Tests,” Journal of Applied Psychology, Vol. ,u (Iuua), No.
:, pp. :-:–-u. Abstract:
Effects of countermeasures on the control-question polygraph
tests were examined in an experiment with I:o Ss recruited
from the general community. Ss were given polygraph tests
by an examiner who used field techniques. Twenty Ss were
innocent, and of the Ioo guilty Ss, 8o were trained in the use
of either a physical countermeasure (biting the tongue or
pressing the toes to the floor) or a mental countermeasure
(counting backward by ,) to be applied while control questions
were being presented during their examinations. The mental
and physical countermeasures were equally effective: Each
bibliography :o,
enabled approximately -o% of the Ss to defeat the polygraph
test. The strongest countermeasure effects were observed in
the cardiovascular measures. Moreover, the countermeasures
were difficult to detect either instrumentally or through ob-
servation.
In this experiment, the subjects received a maximum of ,o min-
utes of instruction and were polygraphed a week later. Again,
readers of this book will have significantly greater time and
motivation to prepare themselves.
———— “Psychophysiological Detection of Deception,” (Iuua)
Current Directions in Psychological Science, Vol. ,, No. , (June
Iuua) pp. ,,–8:.
Human Rights Watch. (:oo:) “United States: Presumption of Guilt:
Human Rights Abuses of Post-September 11 Detainees,” Vol.Ia,
No. a(G), August :oo:. Available on-line at:
http://www.hrw.org/reports/2002/us911/USA0802.pdf
Iacono, William G. and David T. Lykken. (Iuu,) “The Validity of
the Lie Detector: Two Surveys of Scientific Opinion,” Journal of
Applied Psychology, Vol. 8: (Iuu,), No. ,, pp. a:o–,,. Abstract:
The widespread use of polygraph (“lie detector”) tests has
important social and individual consequences. Courts asked
to admit polygraph findings into evidence, as well as individ-
uals asked to submit to polygraph tests, have a natural interest
in the acceptance by the relevant scientific community of the
polygraph technique. For this reason, we conducted mail sur-
veys to obtain the opinions of : groups of scientists from
relevant disciplines: members of the Society for Psychophys-
iological Research and Fellows of the American Psychological
Association’s Division I (General Psychology). Survey return
rates were high (uI% and ,a% respectively). Most of the re-
spondents believed that polygraphic lie detection is not the-
oretically sound, claims of high validity for these procedures
cannot be sustained, the lie test can be beaten by easily learned
:o8 the lie behind the lie detector
countermeasures, and polygraph test results should not be
admitted into evidence in courts of law.
The entire article may be downloaded in Adobe Acrobat (PDF)
format (I MB) at:
http://www.nopolygraph.com/validity.pdf
Janniro, Michael J. “Interview and Interrogation.” (IuuI) Fourth
edition. Department of Defense Polygraph Institute, June, IuuI.
Available on-line (-.: MB PDF file) at:
http://antipolygraph.org/documents/dodpi-interrogation.pdf
Jeffreys, Daniel. (Iuuo) “Would I Tell a Lie?” The Independent. :,No-
vember Iuuo. Tabloid section, p. 8.
Johansen, Roy. (Iuuu) The Answer Man. New York: Bantam Books,
Iuuu.
The protagonist of this thriller is a financially-strapped polygraph
examiner who agrees to teach a criminal suspect how to pass a
polygraph interrogation. Johansen’s treatment of polygraph
countermeasures in Chapter a is largely accurate, including, es-
pecially, his account of the “anal pucker”. However, he also
introduces the dubious method of taking up smoking to reduce
palmar sweating. While those who wish to learn how to pass a
polygraph “test” should not rely upon this novel, they may find
it entertaining. In his acknowledgments, Johansen writes, “…I
owe a debt of gratitude to the polygraph examiners I visited—and
their complete inability to determine that I was lying to them.”
Johnson, Tim. (:oo:) “Cuban spy passed polygraph at least once,”
Miami Herald, :8 March :oo:.
Joint Security Commission. (Iuua) Redefining Security: A Report to
the Secretary of Defense and the Director of Central Intelligence.
Washington, DC, :8 February Iuua.
A post-Cold War examination of government security policies
bibliography :ou
and practices. Chapter 4 addresses polygraphy and Appendix C
provides a separate statement of Commissioner Lapham on poly-
graph policy. Available on-line at:
http://www.fas.org/sgp/library/jsc/
Kerr, Donald M. (Iuu,) Letter to Senator Charles E. Grassley dated
:8OctoberIuu,. Available on-line in Adobe Acrobat (PDF) for-
mat at:
http://antipolygraph.org/hearings/senate-judiciary-
1997/kerr-letter.shtml
Lee, Wen Ho with Helen Zia. (:ooI) My Country Versus Me. New
York: Hyperion, :ooI.
Locy, Toni. (:oo,) “Report: FBI has to do more to prevent moles.”
USA Today, I- August :oo,.
Loeb, Vernon. (:ooo) “Polygraph Program Underway at Energy,”
The Washington Post, Io July :ooo, p. A08.
———— and Brooke A. Masters. (:ooI) “Spy Suspect Had Deep
Data Access, Ex-Associates Say,” The Washington Post,
:: February :ooI, p. A01.
London, Peter S. and Donald J. Krapohl. (Iuuu) “A Case Study in
PDD Countermeasures,” Polygraph, Vol. :8 (Iuuu), No. :. pp.
Ia,-Ia8.
“Peter S. London” is a pseudonym. While the main author is
described only as “a federal polygraph examiner,” we can confirm
based on information from an informed source who wishes to
remain anonymous that he works for the CIA. This article de-
scribes a case where an applicant for employment with the CIA
admitted using polygraph countermeasures, and describes the
:Io the lie behind the lie detector
bluff that the polygrapher (London) claims to have used to
elicit the admission. This article also provides charts from the
polygraph interrogation.
Lowe, Michael W. (Iuuu) Affidavit. u April Iuuu. This affidavit was
filed in support of a request for a warrant to search the home of
Dr. Wen Ho Lee. Available on-line at:
http://www.fas.org/irp/ops/ci/lowe_affidavit.html
Lykken, David Thoreson. (Iuu8) A Tremor in the Blood: Uses and
Abuses of the Lie Detector. Second edition. New York: Plenum
Trade, Iuu8.
A must read for anyone interested in polygraphy. In this well-
annotated book, Lykken discusses the history, theory, utility,
validity, and social and legal implications of polygraphy. Chap-
ter: takes the reader through a sample polygraph interrogation.
Chapter 8 provides a detailed discussion of the “Control” Ques-
tion “Test,” the most commonly-used polygraph format. Chapter
Iu discusses polygraph countermeasures. Chapter II covers Voice
Stress Analysis.
Mallah, Mark E. (Iuu8) Statement. Available on-line at:
http://antipolygraph.org/statements/statement-002.shtml
——— (:ooI) Letter to the U.S. Senate Committee on the Judiciary
dated :- July :ooI. Available on-line at:
http://antipolygraph.org/articles/article-016.shtml
Maschke, George W. (:oo,) “A Response to Paul M. Menges Re-
garding the Ethical Considerations of Providing Polygraph Coun-
termeasures to the Public.” :- February :oo,. Available on-line
at:
http://antipolygraph.org/articles/article-029.shtml
bibliography :II
——— (Iuuu) “The Lying Game: National Security and the Test
for Espionage and Sabotage.” I, December Iuuu. Available on-line
at:
http://antipolygraph.org/articles/article-002.shtml
Annotated critique of the polygraph screening format adopted
by the Departments of Defense and Energy.
Mateo, Juan A. (Iuuu) “Second Amended Complaint and Demand
for Jury Trial.” Complaint filed in Tenenbaum v. Simeninni, et
al., Case No. 98-74473. Available on-line at:
http://antipolygraph.org/litigation/tenenbaum/
second-amended-complaint.shtml
———— (:ooo) “Memorandum in Support of Plaintiff’s Answer
to Defendants’ Motion to Quash Subpoena Directed to Drew
Richardson.” Brief filed in Tenenbaum v. Simeninni, et al., Case
No. 98-CV-74473-DT. Available on-line at:
http://antipolygraph.org/litigation/tenenbaum/
richardson-subpoena.shtml
Matte, James Allan. Forensic Psychophysiology Using the Polygraph:
Scientific Truth Verification - Lie Detection. Williamsville, New
York: J.A.M. Publications, Iuuo.
A useful, annotated reference work on polygraph techniques
from a pro-polygraph viewpoint. Available both as a printed
book and on CD-ROM directly from the publisher at:
http://www.mattepolygraph.com
Menges, Paul M. (:oo:) “Ethical Considerations of Providing Poly-
graph Countermeasures to the Public,” Polygraph, Vol. ,I (:oo:),
No. a, pp. :-a–:o:.
Mondics, Chris. (:oo:) “FBI seeks to rebuild its image,” The Phil-
adelphia Inquirer, :o May :oo:.
:I: the lie behind the lie detector
National Public Radio. (Iuuu) “CIA Accused Of Systematic Anti-
semitism, Reports NPR: Polygraph Test May Have Been Rigged
in Effort to Oust Jewish Employee.” u April Iuuu. Available on-line
at:
http://npr.org/inside/press/990409.cia.html
National Research Council. (:oo,) The Polygraph and Lie Detection.
Committee to Review the Scientific Evidence on the Polygraph.
Division of Behavioral and Social Sciences and Education. Wash-
ington, DC: The National Academies Press. Available on-line
at:
http://www.nap.edu/books/0309084369/html
National Security Agency (Iuu,). Letter to Holly Gwin, White House
Office of Science and Technology dated a May Iuu,. Cited at
p.uo of the Report of the Commission on Protecting and Re-
ducing Government Secrecy, Iuu, Senate Document Io--: Pur-
suant to Public Law :,o, Io,rd Congress.
Park, Robert L. (Iuuu) “Liars Never Break a Sweat,” The New York
Times, I: July Iuuu. Available on-line at:
http://www.spse.org/Polygraph_Park.html
Pincus, Walter and Vernon Loeb. (:ooo) “China Spy Probe Shifts
to Missiles,” The Washington Post, Iu October :ooo, p. A01.
Podlesny, John A. and John C. Kircher. (Iuuu) “The Finapres (Volume
Clamp) Recording Method in Psychophysiological Detection of
Deception Examinations: Experimental Comparison With the
Cardiograph Method.” Forensic Science Communications. Vol. I,
No. , (Oct. Iuuu). Available on-line at:
http://www.fbi.gov/hq/lab/fsc/backissu/oct1999/podlsny1.htm
bibliography :I,
Polmar, Norman and Thomas B. Allen. (Iuu,) Spy Book: The Ency-
clopedia of Espionage. New York: Random House, Iuu,.
Reid, John E. (Iu8:) “Behavior Symptoms of Polygraph Subjects,”
Polygraph, Vol. II (Iu8:), No. I, pp. ,,–aa.
———— and Richard O. Arther. (Iu-,) “Behavior Symptoms of
Lie-Detector Subjects,” Journal of Criminal Law, Criminology
and Police Science, Vol. aa, No. I (May-June Iu-,), pp. Ioa–Io8.
Reprinted in Polygraph, Vol. II (Iu8:), No. I, pp. 8,–uo.
———— and Fred E. Inbau. (Iuoo) Truth and Deception: The Poly-
graph (“Lie-Detector”) Technique. Baltimore: Williams & Wilkins
Co., Iuoo.
Richardson, Drew Campbell. (Iuu,) Opening Statement before the
U.S. Senate Committee on the Judiciary’s Subcommittee on Ad-
ministrative Oversight and the Courts, :u September Iuu,. Avail-
able on-line at:
http://antipolygraph.org/hearings/senate-judiciary-
1997/richardson-statement.shtml
Dr. Richardson of the FBI laboratory division warned the Sub-
committee that polygraph screening “is completely without any
theoretical foundation and has absolutely no validity.” His warn-
ing has gone unheeded.
Saxe, Leonard. (IuuI) “Lying: Thoughts of an Applied Social Psy-
chologist.” American Psychologist, Vol. ao (IuuI), No. a, pp.
aou‒I-.
Scientific Validity of Polygraph Testing: A Research Review and Eval-
uation—A Technical Memorandum. (Iu8,) Washington, D.C:
U.S. Congress, Office of Technology Assessment, OTA-TM-H-
15, November Iu8,. Available on-line in Adobe Acrobat (PDF)
format (I.I MB) at:
:Ia the lie behind the lie detector
http://www.wws.princeton.edu/~ota/disk3/1983/8320.html
or in HTML format at:
http://www.fas.org/sgp/othergov/polygraph/ota/index.htm
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Espionage Cases: Iu,-–Iuuu.” Available on-line at:
http://www.dss.mil/training/espionage/
Seper, Jerry. (:ooI) “Freeh beefs up FBI’s security,” The Washington
Times. :, March :ooI.
Stenbit, John P. (:oo:) “Continued Use of Polygraph Techniques,”
memorandum dated - November :oo:. Available on-line at:
http://antipolygraph.org/documents/stenbit-polygraph-memo.shtml
Stewart, William Scott. (IuaI) “How to Beat the Lie Detector,”
Esquire, November IuaI, pp. ,-, I-8, Ioo. Available on-line at:
http://antipolygraph.org/articles/article-034.shtml
Stober, Dan. (:ooo) “Hearings Erode Case against Scientist,” San
Jose Mercury News, Iu August :ooo.
———— and Ian Hoffman. A Convenient Spy: Wen Ho Lee and the
Politics of Nuclear Espionage. New York: Simon & Schuster, :ooI.
Stüllenberg, Klaus with Susanne Stubbe and Bernhard Frevel.
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präventiven Dimension (The Lie Detector Test in Germany: The
Search for a Crime Prevention Dimension). In German. Münster:
Stiftung Kriminalprävention, :ooo. Available from Amazon.de.
Sullivan, John F. (:oo:) Of Spies and Lies: A CIA Lie Detector Re-
members Vietnam. Lawrence, Kansas: University Press of Kansas,
:oo:.
bibliography :I-
Turrou, Leon G. (Iu,8) Nazi Spies in America. New York: Random
House, Iu,8, Iu,u. Chapter I-, which describes what may well be
the earliest use of the polygraph in an espionage investigation,
is available on-line at:
http://antipolygraph.org/articles/article-027.shtml
U.S. Department of Energy. (Iuuua) Transcript of public hearing
on proposed polygraph regulation. Lawrence Livermore National
Laboratory. Morning Session. Ia September Iuuu. Available on-
line in Adobe Acrobat (PDF) format at:
http://antipolygraph.org/hearings/doe-1999/9-14amhea.pdf
———— (Iuuub) Transcript of public hearing on proposed poly-
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ternoon Session. Ia September Iuuu. Available on-line in Adobe
Acrobat (PDF) format at:
http://antipolygraph.org/hearings/doe-1999/9-14pmhea.pdf
———— (Iuuuc) Transcript of public hearing on proposed poly-
graph regulation. Sandia National Laboratories. Io September
Iuuu. Available on-line in Adobe Acrobat (PDF) format at:
http://antipolygraph.org/hearings/doe-1999/9-16hear.pdf
———— (Iuuud) Transcript of public hearing on proposed poly-
graph regulation. Los Alamos National Laboratory. I, September
Iuuu. Available on-line in Adobe Acrobat (PDF) format at:
http://antipolygraph.org/hearings/doe-1999/9-17hear.pdf
———— (Iuuue) Transcript of public hearing on proposed poly-
graph regulation. Washington, DC. :: September Iuuu. Available
on-line in Adobe Acrobat (PDF) format at:
http://antipolygraph.org/hearings/doe-1999/9-22hear.pdf
:Io the lie behind the lie detector
U.S. Department of Justice. (:oo,) Office of the Inspector General.
“A Review of the FBI’s Performance in Deterring, Detecting,
and Investigating the Espionage Activities of Robert Philip Hans-
sen.” August :oo,. A ,I-page unclassified executive summary of
this o,a-page top secret report is available on-line in both HTML
and Adobe Acrobat (PDF) format at:
http://www.usdoj.gov/oig/special/03-08/index.htm
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———— (Iuuu) Report of the House Select Committee on U.S. Na-
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Available on-line at:
http://antipolygraph.org/litigation/zaid/first-amended-
complaint.shtml
———— (:ooI) Prepared statement of Mark S. Zaid, Esq. Submitted
to the U.S. Senate Committee on the Judiciary at it’s :- April
:ooI “Hearing on Issues Surrounding the Use of Polygraphs.”
Available on-line at:
http://antipolygraph.org/hearings/senate-judiciary-
2001/zaid-statement.shtml
:I8 the lie behind the lie detector
On-line Resources
American Polygraph Association
Back issues of the APA quarterly Polygraph and other APA pub-
lications may be ordered from this site:
http://www.polygraph.org
AntiPolygraph.org
AntiPolygraph.org, the publisher of this book, is dedicated to
abolishing polygraphy. Find out how you can help. Updated
versions of The Lie Behind the Lie Detector will be made available
here:
http://antipolygraph.org
Federation of American Scientists Polygraph Resource Page
Provides government documents as well as commentary on
polygraphy:
http://www.fas.org/sgp/othergov/polygraph/index.html
Polygraph for Screening
This web page maintained by Professor Charles R. Honts of
Boise State University provides studies on polygraph screening
in Adobe Acrobat (PDF) format:
http://truth.boisestate.edu/raredocuments/screening.html
The Polygraph Place
A website run by polygraphers for polygraphers. Includes a mes-
sage board, but that board is censored. Posts that openly reject
the validity of polygraphy are deleted:
http://www.polygraphplace.com
bibliography :Iu
Society of Professional Scientists and Engineers
Provides links to documents regarding the Department of Ener-
gy’s polygraph screening program:
http://www.spse.org
StopPolygraph.com
Provides documentation of polygraph abuse, especially by the
U.S. Secret Service. Updated versions of The Lie Behind the Lie
Detector will also be made available here:
http://www.stoppolygraph.com

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The Lie Behind the Lie Detector

The Lie Behind the Lie Detector by George W. Scalabrini AntiPolygraph.org . Maschke and Gino J.

. Maschke and Gino J. All rights reserved.  by George W. This digital edition is free for non-commercial distribution and use. provided that it is not altered. . Maschke .4th digital edition Published by AntiPolygraph. Scalabrini. Typeset by George W.org © .

.. 45 The Department of Energy Polygraph Program .................................................................... 60 The Marine Embassy Guard Scandal .......................................................................................... 13 Foreword .........15 1 On the Validity of Polygraphy............... 24 Specific-Issue “Testing” ............................................. 26 2 On Polygraph Policy ........................ 14 Introduction.......................................25 The National Academy of Sciences Report..................................... 18 Polygraph Screening .......................................................... 43 The FBI Reacts…Again............39 Pre-Ames Polygraph Failures ................... 22 False Positives and the Base Rate Problem .......................................... Ames Espionage Case..........................................51 The Case of Wen Ho Lee.....................................52 The Department of Defense Polygraph Program.. 42 The FBI Reacts............................................................................................................................................................35 The CIA’s Reaction to the Ames Case......... 48 On the DOE False Positive Rate ....................................................................................... King..................................... 33 The Aldrich H...................................................Contents Acknowledgments.....50 On the DOE False Negative Rate.............................................................................. 30 Doesn’t the Government Know? ............63 ..........................30 The Joint Security Commission Report......................................... 58 The Case of Petty Officer Daniel M...........

............................................................................................................................................................................................79 False Confessions and the Case of Abdallah Higazy ........ 75 Predetermined Outcomes ... the lie behind the lie detector Other Agencies ..................................................................92 CIA Applicants Beware! .............. 84 3 Polygraphy Exposed ...................................................................... 105 Concealed “Control” Questions................... 65 Polygrapher Bias.................................................................................................. 82 A Modest Proposal ..... 89 Reviewing the “Test” Questions........................................................................................... 97 Probable-Lie “Control” Questions....................................94 The “Sacrifice” Relevant Question.................80 How Can They Be So Blind? ............................................................................................................................................... Tenenbaum. 96 “Control” Questions ................. 94 Relevant Questions. 65 If They Know Polygraphy Is Unreliable................92 Question Types...................................................................... 71 Inflation/Fabrication of Admissions....... 72 The Case of David A..........83 Summary............................... 101 Hypothetical “Control” Questions .......................................................... 97 Directed-Lie “Control” Questions .............. 105 ...........................................87 The “Stim Test”................................................................. Why Do They Rely on It?.................... 86 The “Pre-Test” Interview..........................................

.... 129 Make a Good First Impression .............................. 107 Chart Scoring........ 121 A Special Note to FBI Applicants ............................................................................................... 128 …And Sign No Statements................................................ 106 Symptomatic Questions.................. 122 Complete Honesty............................................................................. 129 Recognizing Common Interrogation Tactics ....................S............................................ 127 Make No Admissions ......... 128 Polygraph “Tests” are Interrogations ................................ 124 Polygraph Countermeasures: How to Pass a Polygraph “Test” ........................................... 115 Other Polygraph Formats ...... 132 A Warning to U..................................... 115 Note to Federal Law Enforcement Applicants......... 112 Accusations of Deception to “Control” Questions .. Secret Service Applicants ................................. 107 The “In-Test” (Polygraph) Phase.......... 127 Two Types of Countermeasures .......contents  Irrelevant Questions........... 121 Just Say No............................................................................................................................................................................................... 132 ............................................... 122 If You Are Suspected of a Crime ........... 132 Remember............ You Are Being Watched ........................ 116 4 Polygraph Countermeasures ................................................. 132 Arrive Early to Avoid Being Late .................... 108 The “Post-Test” Interrogation ................................................

....... 134 How Polygraphers May Expect Deceptive Subjects to Behave . 150 What About the Relevant Questions? ..... 138 Tips for Identifying “Control” Questions ....... 151 It’s Not Over Till It’s Over........................................................................ 151 To Explain or Not to Explain Responses to Relevant Questions........ 140 Ambiguity in “Control” Questions.................................................................................... 138 “So What Do You Know About Polygraph Testing?”... 145 Breathing Countermeasures............... 149 Countermeasures and the “Stim Test” ......... 143 A Final Tip on Identifying “Control” Questions ......................................... 150 Practice Makes Perfect ............................................................ the lie behind the lie detector The “Pre-Test” Interview...... 145 Chart-Recording Manipulations ......... 148 What About the Anal Sphincter Contraction? .................................................................... 142 “Read” the Polygrapher .............................. 133 How Polygraphers May Expect Truthful Subjects to Behave .................................... 135 Mind Games ................................. 150 Countermeasures and the Relevant/Irrelevant “Test”........... 151 ............. 144 Want to Get Anything Off Your Chest? No!..................................................................... 137 More Smoke and Mirrors .......................................................... 145 Cardio/Electrodermal Countermeasures..................................................................

.................................................................................................................................................................. 159 An Anecdote ........................... 182 Appendix E: Comprehensive Employee Polygraph Protection Act........................................ 172 Afterword ................ 195 .......... 173 Appendix A: Law Enforcement Pre-Employment “Test” ........................................ 171 Post Your Experience on the Internet.. 175 Appendix B: Modified General Question “Test”.......................................... 163 5 Grievance Procedures................................................................... 166 File a Privacy Act Request.................................................. 165 Report Abusive Behavior ............... 164 Start Keeping Records....... 161 Keep Notes!............ 155 Can’t Polygraphers Detect Countermeasures?. 179 Appendix D: Sample Privacy Act Request Letter......... 157 What If I’m Accused of Employing Countermeasures?........................................................................... 153 Don’t Stay for a “Post-Test” Interrogation ................................... 183 Appendix F: Minnesota Polygraph Statute .....................................contents  Which Question Bothered You the Most? ............ 164 Write a Letter of Protest ......................................................................... 154 A Note to CIA and NSA Applicants ................................. 177 Appendix C: Zone Comparison “Test” ................................................................ 171 Investigate Legal Action................................... 167 Write Your Elected Representatives................................ 156 Polygraph Counter-countermeasures................................

............. 197 Bibliography......... 200 .................................. the lie behind the lie detector Appendix G: Polygraph Countermeasure Review ...................................................

We are especially grateful to retired FBI Supervisory Special Agent Dr. Furedy of the University of Toronto provided much welcomed criticism of the chapter on the validity of polygraphy. Finally. We thank former FBI Special Agent Mark E. remain responsible for the contents of this book and any errors herein. We. . Mallah for his useful insights throughout the writing of this book. Lykken of the University of Minnesota provided important comments on our chapter on polygraph countermeasures. we wish to thank the many people who have contacted us to share information about their experiences.Acknowledgments We are grateful to all those who graciously read and commented on drafts of the first edition of this book. Drew C. This is a better book for their commentary and criticism. the authors. Professor John J. and we are indebted to Bill Roche for his helpful suggestions. Richardson for his suggestions regarding the second edition of this book. Iacono and David T. Professors William G. We are also grateful to all those reviewers who have requested to remain anonymous.

We didn’t write this book to make money.Foreword We wrote this short book to call public attention to the dangers of polygraphy and to protect the innocent from polygraph abuse.org Gino J. Society does not need to find an accurate lie detector (it may never happen) before getting rid of a bogus one. deceptive persons can easily defeat polygraph “tests” through countermeasures. Contact us to learn how you can help to put an end to polygraphy. as did convicted spy Aldrich H. On the other hand.org for the latest edition. We hope that this book will help to stimulate informed public debate about polygraph policy and hasten the day when our government comes to its senses and ends its reliance on this latter-day trial by ordeal. We view this book as a work in progress and plan to release updated editions as new information warrants. and we encourage you to print out as many copies as you like to share with your family. This book is formatted for double-sided printing. and colleagues. Because of our government’s reliance on this pseudoscientific procedure. George W.org . Our reliance on unreliable polygraphy is undermining—not strengthening—our national security. We welcome your comments by e-mail at the addresses below. Check AntiPolygraph. Maschke maschke@antipolygraph. Polygraphy must be abolished. We only ask that you tell others about this book if you find it informative and useful. We are distributing this book in electronic format free of charge in order to reach the broadest audience possible. e-mail us for our PGP public keys. friends. thousands of truthful persons have been falsely accused of deception and suffered serious adverse consequences. If you wish to protect the privacy of your correspondence. Ames. Scalabrini scalabrini@antipolygraph.

is without scientific validity (p.  ff. • that polygraph “tests” are actually interrogations (pp.  ff. • what to do if you have been falsely accused (p.). —Plato Truth will out! —Old English saying In this book.  ff. it belongs of right to use falsehood to deceive either enemies or their own citizens for the good of the state: and no one else may meddle with this privilege.). • that polygraphy depends on your polygrapher lying to and deceiving you (p.  ff.  ff. You will learn: • that polygraphy is not science (p.  ff. • that polygraph “testing” can be (and has been) easily defeated through countermeasures (p.). • that polygraphy. • how to recognize interrogation tactics and not be fooled by them (p. like phrenology and graphology.  ff. • the simplistic method by which your polygrapher decides whether you are truthful or deceptive (p.  ff. . .).).  and p. ). • how to protect yourself against a false positive outcome (p.Introduction To the rulers of the state then.). • that our Government’s reliance on unreliable polygraphy serves to protect spies. • that polygraphy is biased against the truthful (p.). undermining—not enhancing—our national security (p. ). you will learn the little-known truth about polygraphy.  ff).). if to any.

 ff. also received exemptions.  ff. • where to learn more about polygraphy (p. Some industries. We care deeply about our country and our communities. thousands of law-abiding Americans submit to polygraphic interrogation. DEA. you may wish to proceed directly to Chapters  and  (p. hundreds—if not thousands—are falsely accused based on polygraph chart readings and are routinely denied due process. through the polygraph screening process. lie to and deceive its employees and those seeking .S. such as armored car companies. • the U. We believe that our Government should not. and U. our purpose is to help protect the innocent from polygraph abuse and to help strengthen our collective security by exposing waste.  ff. • national intelligence agencies. Secret Service (applicants for state and local law enforcement agencies probably comprise the largest population subjected to pre-employment polygraph screening). And every year. and applicants for employment with: • federal. state. DIA.S.  and  later. Those subjected to polygraphic interrogation include employees of. fraud. In writing this book. If you face an upcoming polygraph “test” and need to learn what to expect as quickly as possible. Navy. Air Force. including the FBI. and NRO. and abuse. including CIA. Every year. Army. our Government exempted itself. and local law enforcement agencies. Department of Energy. NSA.). and Marine Corps.).S.) and come back to Chapters . While the  Employee Polygraph Protection Act banned the use of polygraphy by most of the private sector. • fire departments (many firefighters and paramedics are subjected to polygraph screening). the lie behind the lie detector • how you can help put an end to polygraph abuse (p. • the U.

introduction  employment. And Congress must broaden the  Employee Polygraph Protection Act to provide protection for all Americans (Appendix E). Discover now the lie behind the lie detector. is biased against the truthful. as a model. We believe that Government should not determine the trustworthiness of its employees based on a pseudoscientific procedure that fundamentally depends on trickery. . which prohibits all polygraph “testing” of employees or prospective employees. States should adopt the Minnesota polygraph statute (Appendix F). and yet may be easily defeated by deceptive persons who employ countermeasures.

An example of a commonly used control question is. The overwhelming majority of polygraph examinations administered in the United States are of this format. As such. “Did you ever lie to get out of trouble?” The polygrapher steers the examinee . it is codified conjecture masquerading as science. The dirty little secret behind the polygraph “test” is that while the polygrapher admonishes the examinee to answer all questions truthfully. and changes take place in our skin moisture.… The result is jagged lines that don’t convey a lot to you. our blood pressure goes up. and when we speak of “polygraphy” in this book. we refer to the CQT. he secretly assumes that denials in response to certain questions—called “control” questions—will be less than truthful. —Albert Einstein Polygraphy is not science.  Whoever undertakes to set himself up as judge in the field of truth and knowledge is shipwrecked by the laughter of the Gods. The Silent Witness. phrenology and graphology. it can have no scientific validity. Like its discredited sister disciplines.chapter one On the Validity of Polygraphy When we lie. A polygraph charts these reactions with pens on a moving strip of paper. The computerization of polygraph chart reading in recent years has no more made the underlying procedure “scientific” than has the computerization of astrological chart reading. our heart beats faster. But…an examiner can tell from those mechanical scribbles whether or not you’ve spoken the truth. we breathe more quickly (and our breathing slows once the lie has been told). The polygraph format most widely used in the United States is commonly known as the “Control Question Test” (CQT). —polygrapher Chris Gugas. Polygraph “testing” is an unstandardizable procedure that is fundamentally dependent on trickery.

by doing mental arithmetic. if the latter are greater. “Did you ever use an illegal drug?” If the former reactions are greater. it is assumed that everyone has lied to get out of trouble. The test also includes irrelevant questions such as.).on the validity of polygraphy  into a denial by warning. the examinee passes. Conversely.  ff.). heart.” But in reality. nor can it be: the so-called “Control Question Test” is utterly lacking We will discuss polygraph procedure in much fuller detail in Chapter  (p. Although polygraphers frequently claim they can detect such countermeasures.  ff. “Are the lights on in this room?” The polygrapher falsely explains that such questions provide a “baseline for truth. If responses to both “control” and relevant questions are about the same. the more likely one is to fail. thinking exciting thoughts. 2 The validity of the CQT has never been scientifically established. or simply biting the side of the tongue. for example. for example. and peerreviewed research indicates that they can’t. and as a consequence feels less stress when answering them. blood pressure.   . The polygrapher scores the test by comparing physiological responses (breathing. he fails. Polygraph countermeasures will be addressed at length in Chapter 4 (p. they are not scored at all! They merely serve as buffers between pairs of relevant and “control” questions. Perversely. because the more honestly one answers the “control” questions. no polygrapher has ever demonstrated any ability to do so. the result is deemed inconclusive. But secretly. and perspiration rates) to these probable-lie control questions with reactions to relevant questions such as. the “test” is biased against the truthful. liars can beat the test by covertly augmenting their physiological reactions to the “control” questions. This can be done. that anyone who would do so is the same kind of person who would commit the kind of behavior that is under investigation and then lie about it.



the lie behind the lie detector

in scientific “control,” and it is not a standardized psychometric “test” such that its validity might be determined through scientific experimentation. Professor John J. Furedy of the University of Toronto (Furedy, ) explains regarding the “Control” Question “Test” that
…basic terms like “control” and “test” are used in ways that are not consistent with normal usage. For experimental psychophysiologists, it is the Alice-in-Wonderland usage of the term “control” that is most salient. There are virtually an infinite number of dimensions along which the R [relevant] and the so-called “C” [“control”] items of the CQT could differ. These differences include such dimensions as time (immediate versus distant past), potential penalties (imprisonment and a criminal record versus a bad conscience), and amount of time and attention paid to “developing” the questions (limited versus extensive). Accordingly, no logical inference is possible based on the R versus “C” comparison. For those concerned with the more applied issue of evaluating the accuracy of the CQT procedure, it is the procedure’s in-principle lack of standardization that is more critical. The fact that the procedure is not a test, but an unstandardizable interrogatory interview, means that its accuracy is not empirically, but only rhetorically, or anecdotally, evaluatable. That is, one can state accuracy figures only for a given examiner interacting with a given examinee, because the CQT is a dynamic interview situation rather than a standardizable and specifiable test. Even the weak assertion that a certain examiner is highly accurate cannot be supported, as different examinees alter the dynamic examiner-examinee relationship that grossly influences each unique and unspecifiable CQT episode.

As Professor Furedy notes, the CQT is not a standardized “test,” but an “unstandardizable interrogatory interview.” One consequence is that the examiner’s subjective opinion may influence the outcome, as was demonstrated in an experiment that Professor Leonard Saxe of Brandeis University helped CBS “ Minutes” design (Saxe, ):
In , I was privy to a drama staged by the producers of CBS TV’s news program, “ Minutes,” that investigated the contro-

on the validity of polygraphy
versial use of polygraph tests by private employers. My initiation into the lie detector conflagration was the unintended outcome of an assignment from the Congressional Office of Technology Assessment to examine the validity of polygraph tests…. The “ Minutes” staff sought my help as they designed a demonstration of the use of polygraph tests. What resulted was an elaborate deception experiment that would have been the envy of s social psychologists. Using CBS-owned Popular Photography magazine as a front, “ Minutes” hired several polygraphers to identify the culprit in an alleged theft. The design was quite sophisticated: CBS randomly selected four polygraph examiners from the telephone directory and had each polygrapher examine four employee suspects. The polygraphers were initially contacted by a manager at the magazine, who told them that more than $ of camera equipment had been stolen, almost definitely by someone on the inside. The polygraphers did not know that other examiners had been engaged, and they conducted their examinations in a Popular Photography office. Unbeknownst to them, the office had been modified to enable surreptitious filming. When the polygraphers arrived onscene, each was told that although all of the suspects had access to the camera, one of the four was probably the guilty party. A different person was “fingered” for each polygrapher. Not surprising to polygraph critics, each examiner found the person who had been fingered to be deceptive, and each examiner tried mightily to get the guilty person to confess. No one, of course, had stolen anything. The four employees were confederates, paid $ if they could convince the polygrapher of their innocence. With dramatic flair, CBS demonstrated that polygraphers do not necessarily use psychophysiological information to make their diagnoses of deception.



Polygraphy is not science. The CQT can have no scientific validity because it is not a scientific procedure. Yet there are some who pretend to make a distinction between the scientific validity of the CQT for security screening purposes as opposed to the investigation of specific incidents. We will discuss both applications of polygraphy.



the lie behind the lie detector

Polygraph Screening
No one in the Federal Bureau of Investigation is more qualified than retired Supervisory Special Agent Dr. Drew C. Richardson to render an informed opinion on the scientific validity of polygraph screening. Dr. Richardson earned a doctorate in physiology from George Washington Medical Center in . The NSA funded his doctoral dissertation research, which related to the use of novel cardiovascular indices applied to a lie detection task, and he collected his data at the Department of Defense Polygraph Institute (DoDPI). Dr. Richardson is a graduate of the DoDPI basic polygraph examiner’s course and has worked in the Bureau’s now defunct polygraph research unit. Speaking before the United States Senate Committee on the Judiciary’s Subcommittee on Administrative Oversight and the Courts (Richardson, ), Dr. Richardson testified:
1. [Polygraph screening] is completely without any theoretical foundation and has absolutely no validity. Although there is disagreement amongst scientists about the use of polygraph testing in criminal matters, there is almost universal agreement that polygraph screening is completely invalid and should be stopped. As one of my colleagues frequently says, the diagnostic value of this type of testing is no more than that of astrology or tea-leaf reading. 2. If this test had any validity (which it does not), both my own experience, and published scientific research has proven, that anyone can be taught to beat this type of polygraph exam in a few minutes. 3. Because of the nature of this type of examination, it would normally be expected to produce large numbers of false positive results (falsely accusing an examinee of lying about some
The colleague Dr. Richardson refers to here is Professor Furedy. Upon reviewing a draft of this book, Dr. Furedy wrote to clarify that his reference is “to all forms of the North American [‘Control’ Question ‘Test’] polygraph, and not just the screening use.”

on the validity of polygraphy
issue). As a result of the great consequences of doing this with large numbers of law enforcement and intelligence community officers, the test has now been manipulated to reduce false positive results, but consequently has no power to detect deception in espionage and other national security matters. Thus, I believe that there is virtually no probability of catching a spy with the use of polygraph screening techniques. I think a careful examination of the Aldrich Ames case will reveal that any shortcomings in the use of the polygraph were not simply errors on the part of the polygraph examiners involved, and would not have been eliminated if FBI instead of CIA polygraphers had conducted these examinations. Instead I believe this is largely a reflection of the complete lack of validity of this methodology. To the extent that we place any confidence in the results of polygraph screening, and as a consequence shortchange traditional security vetting techniques, I think our national security is severely jeopardized. 4. Because of the theoretical considerations involving false positive results and because of anecdotal stories told to me by self-alleged victims of polygraph screening, I believe that the Bureau is routinely falsely accusing job applicants of drug usage or drug dealing. Not only is this result irreparably harming these individuals, but it is likely denying the Bureau access to qualified and capable employees. Although these individuals do not have an inalienable right to Federal Government employment, they do have an inalienable right to just treatment by their government. 5. I believe that claims of cost effectiveness, and the utility of polygraph screening are altogether wrong, reflect misplaced priorities, and lead to activities that are damaging to individuals and this country.



Dr. Richardson is not the only scientist to warn that polygraph screening is without validity. Before his retirement in , the late Dr. William J. Yankee, then DoDPI director, had assembled an independent scientific advisory board which reviewed and provided comment on DoDPI’s academic curriculum and intramural research program. This board was comprised of Drs. John J. Furedy, William

Patrick. When she voiced this opinion publicly. Capps succeeded Dr. relieved her of her duties. seized her computer and research data. DoDPI officials falsely accused her of having lied to the CIA. For example. a typical polygraph screening situation might involve a base rate of guilt of one guilty person (e. and eventually coerced her into leaving DoDPI.g. the low base rates of guilt in screening situations would lead to high false positive rates. one person engaging in unauthorized disclosure) out of . Dr. the lie behind the lie detector G. Iacono. Edward S. the Congressional Office of Technology Assessment (OTA) published a study on the scientific validity of polygraph “testing” (Scientific Validity of Polygraph Testing. The OTA report notes at p. ). The OTA review assumes that a polygraph screening validity rate of % entails that % of guilty subjects will be detected. and Stephen W. When Michael H. Reed developed and tested the polygraph screening format adopted by the Department of Defense in  and the Department of Energy in . even assuming very high polygraph validity. Katkin. stripped her of her security clearance.. then the one guilty person would be identified as deceptive but so would  innocent persons. Porges. The predictive validity would be about  percent. False Positives and the Base Rate Problem In . Assuming that the polygraph is  percent valid. Christopher J. It was the consensus of the scientific advisory board that polygraph security screening is without scientific validity. Yankee as director of DoDPI. But with an . Even if  percent polygraph validity is assumed. Sheila D. he promptly dismissed the entire scientific advisory board. All other factors being equal. Her research and her observations of DoDPI teaching methods led her to the conclusion that polygraph screening should be stopped. employees. : One area of special concern in personnel security screening is the incorrect identification of innocent persons as deceptive. there would still be  false positives for every correct detection.

If we allow that not more than one in a thousand persons examined are actually spies. (The case of the missing hard drives at Los Alamos National Laboratory in the spring of  is an example where polygraphy was used in the investigation of a specific incident.% can be achieved by simply ignoring the polygraph charts altogether and peremptorily declaring all examinees innocent. Richardson testified before the Senate Committee on the Judiciary. Honts (an opponent of polygraph screening). then an accuracy rate of at least . some researchers. such an assumption is not warranted. as Professor Furedy has aptly pointed out. claim that “control” question “tests” are nonetheless highly accurate when used in specific-incident investigations. because. Only four. these four studies do not establish that polygraphy operates at above chance levels in specific-issue “testing.on the validity of polygraphy  extremely low base rate of guilt. the usefulness of such a “test” for catching spies would be zero.” However. “there is almost universal agreement that polygraph screening is completely invalid and should be stopped. . pp. And taken together. as is the case with espionage. these four studies could not possibly have established the validity of the CQT. Lykken. –) notes that as of .” It should also be noted that in any event. . Yet this is essentially how the remarkably high accuracy rates claimed for some security screening programs (such as those of the Departments of Defense and Energy) are achieved! The interpretation of polygraph charts is manipulated so that almost everyone “passes. like Professor Charles R. the CQT is not a standardizable and specifiable test such that its validity might be scientifically established.” Specific-Issue “Testing” As Dr. (Lykken. Of course.) But Professor David T. only four studies purporting to assess the field validity of the “Control” Question “Test” had passed the muster of peer review in a scientific journal.

org co-founder George W. neurology. the panel comprised experts in psychology. “Would you say that the CQT is based on scientifically sound psychological principles or theory?” Of the % of the  respondents with an opinion. Both coauthors of this book were present at that meeting.  . ). “The CQT can be beaten by augmenting one’s response to the control questions. William G. a coauthor of this book. Maschke. a professor of statistics at Carnegie-Mellon University. which was held in Washington. Members of the SPR were asked. % agreed that polygraph “tests” can be beaten.C. to make a presentation at the Committee’s second public meeting. only % agreed. Gino J. the lie behind the lie detector In . the research arm of the National Academy of Sciences. the panel also visited polygraph facilities at a number of government agencies and held a series of public meetings at which panel members heard presentations from a wide range of speakers.  The Committee invited AntiPolygraph. Chaired by Dr. on  April . D. SPR members were asked whether they agreed with the statement. In addition to reviewing the published research on polygraphy. established a Committee to Review the Scientific Evidence on the Polygraph. D. the National Research Council. Members of this scholarly organization constitute the relevant scientific community for the evaluation of the validity of polygraphic lie detection. Stephen Fienberg. Moreover. statistics. Lykken conducted a survey of opinion of members of the Society for Psychophysiological Research (SPR) (Iacono & Lykken. Scalabrini was also present at the public meeting held in Washington. The National Academy of Sciences Report In January . and issues concerning science and the law. Iacono and David T. mathematics. psychophysiology. on  October . signal detection.” Of the % of survey respondents with an opinion. systems engineering.C.

arousal.on the validity of polygraphy  The Committee published its findings in a report titled The Polygraph and Lie Detection (National Research Council. sociodemographic groups. examiner and examinee expectancies. specific-incident polygraph tests for event-specific investigations can discriminate lying from truth telling at rates well above chance. the Committee concluded: Notwithstanding the quality of the empirical research and the limited ability to generalize to real-world settings. its ability to add predictive value to that which can be achieved by other methods. • The inherent ambiguity of the physiological measures used in the polygraph suggest that further investments in improving polygraph technique and interpretation will bring only modest improvements in accuracy (p. The evidence does not allow any precise quantitative estimate of polygraph accuracy or provide confidence that accuracy is stable across personality types. ). psychological and medical conditions. we conclude that in populations of examinees such as those represented in the polygraph research literature. Accuracy may be highly variable across situations. ). or ways of administering the test and selecting questions. • The theoretical rationale for the polygraph is quite weak. the evidence does not provide confidence that polygraph accuracy is robust against potential countermeasures. that is. (p. Regarding the basic science behind polygraphy. Estimating the accuracy of polygraphy. It has not accumulated knowledge or strengthened its scientific underpinnings in any significant manner (p. ). ). ) . though well below perfection. There is essentially no evidence on the incremental validity of polygraph testing. untrained in countermeasures. or other emotional states that are triggered in response to relevant or comparison questions (p. In particular. especially in terms of differential fear. ). the Committee concluded: • Almost a century of research in scientific psychology and physiology provides little basis for the expectation that a polygraph test could have extremely high accuracy (p. • Research on the polygraph has not progressed over time in the manner of a typical scientific field.

in the first chapter of their report. interrogating a subject without the use of a polygraph. It follows from the Committee’s conclusion that “the evidence does not allow any precise quantitative estimate of polygraph accuracy” that software algorithms peddled by polygraph manufacturers such as Axciton and Stoelting that purport to determine with mathematical precision the probability that a particular individual is lying or telling the truth are unreliable. –). its ability to add predictive value to that which can be achieved by other methods.” that is.” it is not safe to assume that anyone passing a polygraph “test” has told the truth. Such ignorance cannot be safely assumed. The last sentence of the above-cited passage is the key one with respect to polygraph validity (as opposed to accuracy): “There is essentially no evidence on the incremental validity of polygraph testing. the lie behind the lie detector Some in the polygraph community have attempted to hang their hat on the first sentence of the above citation to support the claim that polygraphy “works. “the evidence does not provide confidence that polygraph accuracy is robust against potential countermeasures. ignorant of polygraph procedure and countermeasures. Indeed.” What this means is that there is no evidence that polygraph “testing” provides greater predictive value than. that is. in a subsection titled. as the Committee concludes. “The Lie Detection Mystique” (pp.” But note that the Committee’s conclusion that “specific-incident polygraph tests for event-specific investigations can discriminate lying from truth telling at rates well above chance” is conditioned upon the subject population being similar to “those represented in the research literature. the Committee members compare polygraphy with superstitious lie detection rituals in prim- . especially with information on both polygraph procedure and countermeasures readily available via the Internet. or with a colander-wired-to-a-photocopier that is represented to the subject as being a lie detector. say. And because.

(p. likening the polygraph community to a shamanistic priesthood “keeping its secrets in order to keep its power. ): Polygraph is more art than science. and unless an admission is obtained.on the validity of polygraphy  itive societies. ) . Sullivan was not far from the mark when he described the scientific status of polygraphy thus (Sullivan. the final determination is frequently what we refer to as a scientific wild-ass guess (SWAG).” Retired CIA polygrapher John F.

). Or at least it should.chapter two On Polygraph Policy You can fool some of the people all the time. and all of the people some of the time. And. The majority of the relevant scientific community does not believe the format most widely used by Government—the “Control” Question “Test”—to be based on scientifically sound psychological principles or theory. —Abraham Lincoln You can fool too many of the people too much of the time. but you cannot fool all of the people all of the time. the National Academy of Sciences made public the results of its -month review of the scientific evidence on the polygraph (National Research Council. as we shall see in Chapter . ): Polygraph testing yields an unacceptable choice for…employee security screening between too many loyal employees falsely judged deceptive and too many major security threats left undetected. the NAS concludes (at p. It does. —James Thurber As we have seen. such polygraph “testing” is fundamentally dependent on a fraud: the polygrapher must lie to and deceive the subject about the nature of the procedure. the field validity of polygraphy has not been established by competent scientific research. Doesn’t the Government Know? Yes. On  October . With regard to polygraph policy. In Chapter One. we discussed their findings with regard to polygraphy’s lack of scientific underpinnings. An even greater majority of that relevant scientific community believes that the “Control” Question “Test” can be beaten by augmenting one’s response to the “control” questions. Its accuracy in distinguishing actual or potential security violators from . nor can it be.

 Regarding DOE’s decision. Control. and Intelligence.” But the report makes no such determination. “As the Department continues to research alternative technologies in this critical area. circulated a memorandum to senior Pentagon officials titled “Continued Use of Polygraph Techniques” in which he recommended continued reliance on polygraphy “as an important tool in our total decision-making process. But the NAS’s warning has gone unheeded. I believe it is important to remember that the National Research Council Report determined that the polygraph technique is the best tool currently available to detect deception.” available on-line at:  . On  November . ). John P.” (Stenbit. Communications. announcing on  April  its intention to disregard the conclusions of the National Academy of Sciences and to retain its polygraph policy without change. ) In his memo. as a member of the National Academy of Engineering. The Department of Energy has shared in the Department of Defense’s willful blindness. Maschke’s “Comments on DOE Notice of Proposed Rulemaking. less than a month after the NAS released its findings. Regarding the performance of the polygraph. the report notes that “[t]here is essentially no evidence on the incremental validity of polygraph testing.  The NAS report also warns (also at p. ): Overconfidence in the polygraph—a belief in its accuracy not justified by the evidence—presents a danger to national security objectives. the Assistant Secretary of Defense for Command. see George W. stating. its ability to add predictive value to that which can be achieved by other methods” (p. Stenbit. It merely notes that “[s]ome potential alternatives to the polygraph show promise. that is.on polygraph policy innocent test takers is insufficient to justify reliance on its use in employee security screening in federal agencies. Stenbit (who. ). but none has yet been shown to outperform the polygraph” (p. should have known better) misrepresented the conclusions of the NAS report.

Drew C. more frequent polygraph examinations… The NAS report was hardly the government’s first unheeded warning about the unreliability of polygraphy. Richardson’s comments to FBI Director Louis J. Fine and his staff include increased reliance on polygraphy among their list of  recommendations: Recommendation No. Detecting. Freeh on this point. ) and concluded: http://antipolygraph. . “A Review of the FBI’s Performance in Deterring.  .S. House of Representatives. Recommendation No. 13: Enhanced Security Measures for FBI Employees with Unusually Broad Access to Sensitive Information The FBI should consider enhanced security measures . On  August . House of Representatives Committee on Government Operations completed a review of polygraph policy (U.S. As early as .” (U. and Investigating the Espionage Activities of Robert Philip Hanssen. cited at p. Department of Justice has joined the Departments of Defense and Energy in choosing to ignore the conclusions of the National Academy of Sciences. Department of Justice. Inspector General Glenn A.for example.S. 12: Random Counterintelligence Polygraph Program The FBI should fully implement a counterintelligence polygraph program for employees with access to sensitive information and develop a counterintelligence polygraph program for non-FBI personnel who are given access to sensitive information.shtml See Dr.org/articles/article-035. the U. ) Repeatedly noting that Hanssen was not polygraphed during his  years of employment with the Bureau. the DOJ’s Office of the Inspector General released an unclassified executive summary of its top secret report. the lie behind the lie detector The U.S.

on polygraph policy It is the recommendation of the committee that the use of polygraphs and similar devices be discontinued by all Government agencies for all purposes. However. there is a legitimate concern that the use of polygraph tests for personnel security screening may be especially susceptible to: ) countermeasures by persons trained to use physical movement. ) some six months later on  February .  But Congress took no action. even as numerous spies have beaten the polygraph. the reliance of Government on polygraphy has grown. and ) false positive errors where innocent persons are incorrectly identified as deceptive.” The Commission submitted its report (Joint Security Commission. The Joint Security Commission Report The Joint Security Commission convened on  June . the Commission was tasked with developing a new approach to security in the post-Cold War era. While in . Seven years later. (p. ) The OTA’s warning went unheeded. Reporting to the Director of Central Intelligence and the Secretary of Defense. how it could be improved. rather than diminished. ) warned Congress: OTA recognizes that NSA and CIA believe that the polygraph is a useful screening tool. OTA concluded that the available research evidence does not establish the scientific validity of the polygraph for this purpose. and was directed “to undertake an objective review of the Federal personnel security screening polygraph program to determine how well it works. state. the OTA report (Scientific Validity of Polygraph Testing. drugs. and local government. In the years since the OTA report. . and whether it should be continued. the Act expressly exempted federal. or other techniques to avoid detection as deceptive. Congress ratified and President Ronald Reagan signed into law the Employee Polygraph Protection Act (EPPA) prohibiting most polygraph screening in the private sector. In addition.

the polygraph program should be retained. In fact. . the process lacks full integrity and appears more like trickery because information is obtained from subjects under the pretense that it is in their best interest to be forthright since false answers will be discovered. They contend that as long as the polygraph elicits admissions to screen out unsuitable applicants and actual security risks. meaning its accuracy in distinguishing truth from deception. the lie behind the lie detector Regarding the validity of polygraph screening. questions about the polygraph’s validity remain academic. that is. judgments about truthfulness based solely on chart interpretation will continue to be controversial. there is nothing to prevent a practiced deceiver from passing a polygraph examination. if the polygraph does not have established scientific validity in the screening arena. But incredibly. and that guilty people may avoid detection. after carefully weighing the pros and cons. In the CIA and the NSA. The Commission understood full well that polygraph screening depends on the polygrapher lying to and deceiving the subject. unless the validity of the process can be demonstrated. the Commission notes in chapter : Many polygraph proponents and some research experts believe that it is unnecessary to study the validity of the polygraph process. the Commission concludes that with appropriate standardization. Furthermore. increased oversight. Without established validity. However. The Commission also makes it clear that it was aware that innocent people may be falsely accused. circumstantial evidence lending credence to this view was documented by a President’s Foreign Intelligence Advisory Board study in . the Joint Security Commission decided to ignore all of this and to recommend that the polygraph program be retained: Despite the controversy. The Commission was clearly aware that the validity of polygraph screening has not been established by competent scientific research. arguments could be made that the polygraph may not have the same effect on a nonbeliever. and training to prevent abuses. the polygraph has evolved to become the single most important aspect of their employment and personnel security programs.

Ames had passed two CIA polygraph “tests” during which he falsely denied having committed espionage. while Ames was betraying his country. speaking at Los Alamos National Laboratory (U.S.S. Since beginning his betrayal in . Andrew Ryan has directly contradicted this Senate report. Dr. c). The Ames case was an example. Department of Energy. Department of Energy.  February —just seven days before the Joint Security Commission issued its report—the FBI arrested CIA counterintelligence officer Aldrich Hazen Ames and charged him with spying for the former Soviet Union and later. the CIA’s Office of Security—which had by that time realized that there was a mole in CIA’s ranks—wasted a year focusing its attention on an innocent employee who “had difficulty generally getting through routine polygraph examinations over the course of his CIA employment. Ryan stated: …What we do know is that people have been successful in the past in using countermeasures to defeat the polygraph exam. Ames Espionage Case On Monday. Russia.S. Speaking at the Department of Energy’s public hearing on polygraph policy at Sandia National Laboratories on  September  (U. and medical officers in forming their adjudicative judgments.… (p.” But DoDPI researcher Dr. . ) The above-cited Senate report states that “Ames said he never received training from the KGB on how to beat the polygraph.  The Aldrich H.on polygraph policy Eliminating its use in these agencies would limit the effectiveness of security. Ryan stated: …We do acknowledge that there have been cases where we’ve been defeated by countermeasures. d). first on  May  and again on  and  April .  of hearing transcript) The following day. He was taught by the Soviets how to defeat our process. Senate Select Committee on Intelligence. Dr.” (U. personnel. In –.

Had he been willing to see. Curran says he has “never seen it work yet. ): Asked about the possibility that spies might trick the test by selfstimulation. Tim Beardsley writes (Beardsley.” the Department of Energy’s former chief of counterintelligence was willfully blind. It was found he was trained by the Soviets in how to defeat the polygraph. Curran maintains. and would not have been eliminated if FBI instead of CIA polygraphers had conducted these examinations. signs of deception can be found in the charts of the polygraph examinations that Ames passed. Among them is Edward J. (p. Curran.… In claiming that he has “never seen [polygraph countermeasures] work yet. (He later moved on to become chief of the Department of Energy’s Office of Counterintelligence and has since retired. he might have found enlightenment from Dr. We will recall his Senate testimony (previously cited at p.) In an October.  Scientific American article. So we basically had a mole inside the agency taught how to beat the polygraph. Richardson. the lie behind the lie detector I guess one of the most famous ones was the Aldrich Ames case.” He hotly denies that the polygraph failed to raise suspicions about Ames: the polygrapher in that case made errors. by the CIA. who in the aftermath of the Ames case was seconded from the FBI to direct the CIA’s counterintelligence program. because subsequent examination of Ames’s polygraph charts shows evidence of deceptiveness. To the extent that we place any confidence in the results of polygraph screening. Instead I believe this is largely a reflection of the complete lack of validity of this methodology. and as a consequence shortchange tradi- . formerly of the FBI laboratory division. even though he went through several of them. ): …I think a careful examination of the Aldrich Ames case will reveal that any shortcomings in the use of the polygraph were not simply errors on the part of the polygraph examiners involved.  of hearing transcript) Revisionists in the counterintelligence community have claimed that upon close inspection.

n. is that Ames exhibited tell-tale responses to some other questions (e. this would not set him apart from several thousand other employees who were subjected to polygraph interrogation. Unfortunately.g. The truth is that many of the questions on CIA screening polygraph exams are highly emotionally charged.on polygraph policy tional security vetting techniques. but rather have spoken only to those who have the most to hide—the polygraphers within the government.d.. we cite this scientist’s discussion of it in its entirety (Anonymous. This is a matter of record. What polygraphers have often stated. I think our national security is severely jeopardized. and many if not most completely innocent people have trouble with at least some of the questions. a): Could the Polygraph Have Caught Aldrich Ames? In the wake of the failure of the polygraph to detect CIA double agent Aldrich Ames. however. In the absence of any input from scientists who possess relevant knowledge and do not have a job to protect.  One psychophysiologist who has requested anonymity discusses in an unpublished paper the question of whether the polygraph could have caught Aldrich Ames. This contention could not be further from the truth. and that this should have tipped off the polygrapher or someone in his chain of command. The fact that Ames failed to exhibit detectable polygraph responses to a number of specific questions directly bearing on his crimes is not in dispute. Take the records of . If Ames did indeed respond somewhat to some of the questions. most government leaders seeking an explanation have not consulted the independent scientific experts on the polygraph. Because of the particular importance of the Ames case.… With - hindsight. there has been considerable discussion of what exactly went wrong. financial ones). a polygrapher could point out difficulties with virtually any polygraph chart—particularly if his audience did not include independent scientists competent to evaluate what was being said. knowing that a polygraph chart belonged to a spy. the truth regarding this situation has not been forthcoming. There is a scientific way to detect whether or not the polygraph might have possibly caught Aldrich Ames.

Give these charts.… . Even if only % looked worse than Ames. It would not be practical to fire or even to investigate all of these people. of them would look guiltier than Ames on each test. The situation becomes even more problematical when we take into account the fact that people are tested repeatedly.) When people take the test repeatedly. What if we assume that the polygraph is as high as % accurate.  innocent people out of these  cases would have failed the test. who was determined to be truthful. Given that Ames passed the test and did not show responses to several espionage-related questions. These % would have results worse than Ames. . the lie behind the lie detector the  polygraph interrogations that preceded Ames’. If. Now let us extrapolate this to the whole Agency. (Recall that Ames passed the polygraph not once but twice while engaging in espionage. a figure much higher than what scientific studies and experts have found? This would mean that only % would falsely be found guilty. Perhaps  to  percent of the people would have polygraph results that would look more guilty than Ames’. this would amount to . Remove any identifying information from the polygraph charts. Given that Ames did not show any tell-tale responses to questions directly relating to his crimes. Even if the polygraph were as high as % accurate for screening (which experts agree that it is not). to . statistically % of the employees would show a result worse than Ames’ on at least one test if they were tested every five years over a -year career. the chances of falsely being found guilty increase. If only % of those tested did worse than Ames on one test. statistically over % of employees would do worse than Ames if tested seven times over a career. people. See if they can pick out the one spy from the  polygraph charts. If % of Agency employees did worse than Ames did on one test. along with Ames’ chart. to a panel of the best polygraphers. there would be many innocent individuals in such a test who would look much guiltier than he did. Have them rank the charts from most guilty looking to most innocent. people took polygraph exams. and the  interrogations that followed Ames’. say. even if he did indeed show some stress responses to some of the other questions. this would put him somewhere in the middle of the sample. .

In light of the known facts of the Ames case—even if we make the most favorable assumptions imaginable regarding the accuracy of the polygraph—any criterion that would have identified Ames as suspicious would also have implicated at least half of the other CIA employees over the course of their careers. but that he did much more damage than many other double agents who also passed. Charles Honts () (a leading supporter of the use of the polygraph in criminal investigations—but not in screening) stated. particularly Cubans and East Germans. the failure of the polygraph in the Ames case was the rule rather than the exception.  The CIA’s Reaction to the Ames Case Instead of learning from the OTA’s warning and from the experience of the Ames case. “The problems posed by the inability of national security screening tests to detect deception are exacerbated by the demonstrated existence of effective countermeasures. the polygraph does not provide information that would allow the Agency to correctly identify one or a few spies from amongst thousands of employees. CIA polygraphers falsely accused hundreds of employees of deception. the CIA responded with a polygraph crackdown. The failure of the polygraph in the Ames case came as no surprise to the scientific experts in the field. numerous double agents. What was unusual about Ames was not that he passed the polygraph. From these facts it is clear that any contention that the polygraph might have been successful in detecting Aldrich Ames—if only the results had been more carefully scrutinized—is sheer nonsense. the existence of effective countermeasures virtually assures that a wellprepared and determined opponent could achieve nearly a % penetration of the national security polygraph screen. The threshold for passing was raised. Indeed. and as a result. As Dr. have passed the CIA polygraph over the years.on polygraph policy Clearly. ): . According to Robert Gates of the CIA. Washington Post staff writer Vernon Loeb notes in a  July  article on the Department of Energy’s polygraph screening program (Loeb.” This statement is in accord with historical fact. Given that polygraph tests used for screening are likely to be inaccurate with guilty subjects to begin with.

nonsensitive job. It didn’t matter if the employee was retired or had moved on to a new. he couldn’t have been more successful. Retired CIA case officer Robert Baer provides an eyewitness account of this polygraph crackdown in his recently published memoirs (Baer . –): When I got back to headquarters in August . Every single one. J. and in that. Now it looked like his ghost was about to get its way. From the day he took over the counterespionage group. Curran made it clear that he intended to run the place like a behind-enemy-lines commando unit. Congress was breathing down Woolsey’s neck. leaving hundreds of employees unable to pass the test. Way back at the beginning of the cold war. Then director James Woolsey was turning over the CIA’s counterespionage to the FBI. a serving FBI agent. He had to let them go: Smart people made Curran very nervous. I could see how Ames’s betrayal was playing out. he reopened every unresolved counterintelligence case on the books. Edgar Hoover had wanted to keep all national security operations. domestic and foreign. The CIA had screwed up so badly with Ames that it could no longer be trusted to clean its own house. Woolsey didn’t have much choice. In fairness. Woolsey turned the CIA over to its worst enemy in Washington—the FBI. Curran was in effect given free rein. The executioner the FBI picked for the task was Ed Curran. When the CIA appointed Rod Smith as its own head of counterintelligence and thus Curran’s nominal boss. and the press wanted its own pound of flesh. pp.] Curran acknowledged that “false positives” became a serious issue at the CIA in the wake of the Aldrich Ames spy scandal when polygraphers were reluctant to accept any explanations from employees who indicated “deception” during their tests. especially the little old ladies in tennis shoes—the CIA’s institutional memory on Soviet espionage. under his heavy thumb. A lawyer turned case officer. the lie behind the lie detector [Department of Energy counterintelligence chief Edward J. The idea was to spread fear and paranoia throughout the CIA. His first act was to fire anyone who knew anything. To appease everyone and atone for our sins. Then. Smith never . an act that would be almost as destructive to the agency as Ames. to let everyone know there was a new sheriff in town.

no sensitive clearances. who beat the lie detectors even while working for the KGB. to a failed test. stress. All over the FBI. ) . they weren’t happy. no overseas assignments. the dirt was already down. and having been badly burned by Ames. because. Then the FBI was called in because that was the deal Woolsey had made with Congress: The FBI investigates all suspected espionage cases. police checks run. they knew they had a hundred stronger cases to work on. Files were ransacked. no matter how flimsy the evidence. Anxiety turned to stress. After an abbreviated six-month tour in Europe. on an Italian vacation became a suspect foreign contact. In no time Curran had Smith feeding out of his hand. Soon Curran had a “new case.on polygraph policy spent enough time in the field to learn the job. though. Blood soon flowed in rivers. moving up the bureaucratic ladder one dogged step at a time. meant no promotions.  As former Director of Central Intelligence John M. which they would then throw immediately on the floor. well-meaning grunts were having CIA cases dumped on them. By late  more than three hundred people were under suspicion.” (Weiner. Everyone had a friend or colleague tied up in security purgatory. Back at Langley. he came back to headquarters. all of them eating alone. A casual friendship struck up.” and as the witch-hunts went on. where he would stay. Being under an active FBI investigation. much less anything about counterintelligence. say. The numbers tell the story. and that’s not to mention the number of CIA employees terrified they would be caught up in the bloodbath through no fault of their own. new cases began to mount to the ceiling. Polygraphers were called in. The cafeteria was filling up with people who might as well have been marked with scarlet “A”s. “[The CIA’s] reliance on the polygraph is truly insane. and the next you’re a virtual prisoner in one of the security facilities out by Tyson’s Corner. Deutch observed. for all Curran’s exhortations. One day you’re at your desk.

Ogorodnik as a CIA asset. ) Karel Frantisek Köcher (A. Although CIA employees are subject to periodic polygraph screening throughout their careers. betraying highly sensitive information. But he was working for Czech intelligence the whole time. Griebl fled to Germany aboard the S. Confronted by the Soviets in . Karl Koecher). including the identities of CIA personnel. According to Turrou.  and worked first as a CIA translator from –. the lie behind the lie detector Pre-Ames Polygraph Failures While the Ames case is the most widely known failure of the polygraph to catch a spy. Turrou (–) led an investigation into a Nazi German spy ring operating in the United States. He passed a CIA polygraph examination in October. Koecher was only uncovered as a spy in  (no thanks to the polygraph). citizen. Information Koecher provided to Czech intelligence exposed Soviet diplomat Aleksandr D.S. the polygraph never revealed that Chin had secretly provided information to the People’s Republic of China while working for the CIA.K. In  he and his wife. were exchanged for Soviet dissident Anatoly Shcharansky. who had worked as a courier for Czech intelligence. Bremen. (Turrou. The most important suspect interrogated with the polygraph was Dr. a career Czech intelligence officer. Ignatz Theodor Griebl. (Security Research Center. it is hardly the first.A. Convicted by a federal jury on . The earliest documented use of the polygraph in an espionage case was in . the results of a polygraph examination administered to Dr. Chin had been recruited as a Chinese Communist Party informant in the early s. “defected” to the United States with his wife in  and became a naturalized U. In fact. Polmar & Allen. and then as a CIA contract employee from –. Ogorodnik committed suicide. Griebl on  May  “made us relax all vigilance. ) Career CIA employee Larry Wu-tai Chin was arrested on  November  on espionage and tax evasion charges.” Five days later. Chin had joined the CIA in  and retired in . .S. when FBI Special Agent Leon G. all watchfulness over him.

as Supervisory Special Agent Dr. members of the  class were administered polygraph examinations and approximately half the class failed.on polygraph policy  all counts. (Curreri. The FBI has not publicly acknowledged the  special agent class polygraph incident. Special agents aren’t the only FBI employees required to submit to pre-employment polygraph screening. : Upon information and belief. All FBI employees must submit. in a federal polygraph lawsuit brought in behalf of seven plaintiffs (Zaid. when the FBI implemented its polygraph program in . Drew Richardson testified. Even the janitorial staff are polygraphed. However. the Bureau conducts pre-employment polygraph screening of applicants only after they have received a tentative offer of employment. who had successfully employed countermeasures and passed his CIA polygraph “tests”—then FBI director Louis J. “is completely . Attorney Mark S. ) The FBI Reacts The FBI didn’t learn from the Ames case. ). Chin committed suicide in his prison cell on  February . Nevertheless. Those being polygraphed are the best and the brightest. either. writes at para. But in the first three years of the pre-employment polygraph program. (Security Research Center. the FBI simply overlooked this problem and waived the requirements of the polygraph for the  class. the FBI was about to receive an object lesson of its own on polygraph validity. Freeh mandated polygraph screening for all new special agents hired. In March — a month after the FBI arrested Ames. (Kerr. ) through a process that. the then current special agent class had already begun its training. ) As a rule. ) Having failed to learn from the CIA’s experience. Zaid. Nor has it learned from it: the FBI continues to rely on polygraph screening. % of FBI applicants were “determined to be withholding pertinent information” (Kerr.

” available on-line at: http://antipolygraph. the lie behind the lie detector without any theoretical foundation and has absolutely no validity. Roger L. the FBI also conducts periodic screening of some current employees with access to especially sensitive information.) More recently. % of subjects who were innocent of committing a mock crime were classified as either “deceptive” or “inconclusive. in a laboratory study conducted by Dr. Trott. and the consequences so severe. that the FBI pre-employment polygraph examination is a risk not worth taking. ) Perhaps. with a surge in applicants for FBI employment following the tragic events of  September . the Bureau has decided that it can now afford to arbitrarily disqualify more applicants.” (Richardson. Coincidentally. One of the coauthors of this book has concluded that the risk of a false-positive outcome is so high.” (In the pre-employment context. an inconclusive outcome is treated the same as a deceptive outcome. Mallah worked in FBI foreign counterintelligence. A full-scale espionage investigation ensued that continued until September . See George W. ). has placed the FBI pre-employment polygraph failure rate at nearly %! (Mondics. “Just Say ‘No’ to FBI Polygraphs: The Risks Outweigh the Rewards. In addition to pre-employment polygraph screening. he and other agents in his unit were required to undergo a counterintelligence-scope polygraph examination. Special Agent Mark E. ) The FBI summarily terminates the applications of those “determined to be withholding pertinent information” based on their polygraph chart readings. Virginia. chief of training at the FBI Academy in Quantico. John A.shtml  . Kircher of the University of Utah (Podlesny & Kircher. Maschke’s article. Podlesny of the FBI laboratory division and Professor John C. . SA Mallah’s polygrapher accused him of showing signs of deception on the question about unauthorized contact with foreign nationals. In January.org/articles/article-032. There is no formal appeal process.

” (Asseo. On  July . on charges of spying for the Soviet Union and Russia. and the damage he caused has been characterized as exceptionally grave. Hanssen’s former boss. all techniques. from testifying in court on polygraph matters while he remained employed with the Bureau. Although Director Freeh had ordered . There’s only a few people in counterintelligence that have to know everything. ) A furor erupted over press accounts that Hanssen was never polygraphed during his FBI career. the  special agent class incident. all methods.on polygraph policy  Although SA Mallah was ultimately cleared of having had unauthorized contacts with foreign nationals. (Mateo. Arguing before the U. DOJ lawyer Michael R. the FBI arrested one of its own. a counterintelligence specialist. v. And he was one of them. Supreme Court in U. And it forbade that leading polygraph expert. he pled guilty and was sentenced to life imprisonment. He chose to resign. the Department of Justice. Hanssen. Richardson. David Major. is the highest ranking FBI employee ever arrested for espionage. Drew C. ) The FBI Reacts…Again On  February . his polygrapher’s false accusation and the ensuing rumor and innuendo ruined his career prospects with the Bureau. the case of Special Agent Mark Mallah. described his access to classified information as: “Everything—all sources. Scheffer against the admissibility of polygraph “evidence” in military cases. FBI’s parent agency. ) Despite the experience of the Ames case. knows something about the unreliability of polygraphy. and the testimony of the Bureau’s own leading polygraph expert. ) Nonetheless. Robert Philip Hanssen.S.S. (Mallah.” (Loeb & Masters. all targets. Dr. and did so with a clean record. the FBI persists in its reliance on polygraph screening. Dreeben noted that “[t]he fundamental unreliability of polygraph evidence is underscored…because of the possibility that countermeasures can defeat any test.

as with most other questions regarding Mr. in a rather perverse sort of (lack of) logic. it has been suggested that this demonstrates that Bureau employees should be given them in the future.. he quietly signed an order directing  The full text of this memorandum may be read on AntiPolygraph. Drew C. Dr. Among other things. If he was not administered an exam(s). Instead. Director Freeh did not respond to this memorandum. Hanssen was administered polygraph exams during the period of alleged espionage and/or during his FBI career. Dr. Richardson noted: The question has frequently arisen as to whether Mr. The logic of the issue does not require that I do. likewise. most current FBI employees had not been subjected to polygraph screening. the lie behind the lie detector pre-employment polygraph screening in . Should the latter situation exist. Hanssen. then he like so many other traitors was allowed to continue his activities following having been found non-deceptive on an exam(s). was most likely not subjected to astrological chart readings. Either he was or he was not. “Polygraph Screening in Light of the Robert Hanssen Espionage Investigation” to Director Freeh the week after Hanssen’s arrest. i. palm readings. There now exists no more compelling reason to institute a program of wide spread polygraphy than there does implementation of any of these other divining activities.e. I do not have personal or other knowledge as to whether he has been given polygraph exams. during the week of – March . or the readings of entrails as practiced by the ancient Romans. that Hanssen had not been polygraphed. If he was. Again. tea leaf readings. when it was not yet widely known whether Hanssen had been polygraphed.org at: http://antipolygraph. This question is then followed with suggested analysis about what effect his having been given a polygraph exam(s) would have had on the course of this investigation and whether any of this demonstrates a need to change the present Bureau policy of not routinely administering polygraph exams to its employees.org/documents/richardson-memo-02-2001. Richardson sent a memorandum titled. I suggest it be viewed in the context of he.shtml .

Los Alamos National Laboratory (LANL). ) But can a failure-to-pass rate on the order of  out of  (%) honestly be characterized as “low?” In absolute terms. . (Seper.on polygraph policy  that high-level employees with access to the FBI’s most sensitive information be polygraphed starting within the next  days. then a % failure-to-pass rate applied to a work force then numbering roughly . and “less than ” had “failed to pass. (LANL Employee Advisory Committee. a senior FBI official described this failure rate as “surprisingly low. failures to pass. can such a failure rate truly be considered “low?” Perhaps only by a self-interested FBI official hiding behind the cloak of anonymity as he/she tries to manage public perception. Steve Rogers also told the Committee that the Department of Energy’s Albuquerque test center “hasn’t had a false positive result in the over  tests they have performed.” The FBI’s roughly / failure to pass rate seems rather high by comparison. it could only be considered “low” if one expected more than % of FBI employees to be spies! According to C. “Steve” Rogers. would mean some . ) If high-level FBI employees are failing to pass their polygraph interrogations on counterintelligence issues at some five times the rate of applicants. less than 1% of FBI applicants polygraphed failed the counterintelligence portion of their pre-employment polygraph examinations. a retired FBI polygrapher working as a counterintelligence officer at the Office of Internal Security. And this situation would be repeated every five years with successive rounds of polygraph interrogations.” (Savino. ) Some four months later. According to the minutes of the LANL Employee Advisory Committee. If the FBI were to require periodic polygraph screening of all employees.S.” According to Savino. Knight Ridder Washington correspondent Lenny Savino reported that more than  FBI employees had been administered counterintelligence-scope polygraph interrogations.

Even a one percent failure rate applied to just half of a work force that now stands at about . greatly expanded its polygraph screening program for employees and contractors with access to certain nuclear weaponsrelated information. According to a USA Today report published on  August  (Locy. and recruitment problem. they are going to have a serious morale. employees will result in some  individuals falling under suspicion of espionage every five years or so. because since then. any spies in the FBI are much more likely to be found among the % who may be expected to pass their polygraph chart readings. based on a procedure that the National Academy of Sciences has found to be completely invalid! If FBI management treats those who fail to pass their pseudoscientific truth test the same way they treated former FBI Special Agent Mark Mallah. FBI management must have found % to be politically unacceptable. Since April . DOE announced that some . He said  were “red-flagged. and the low base rate of guilt. the lie behind the lie detector We first commented on this % failure to pass rate in the nd edition of this book.” and further investigations were conducted. Given polygraphy’s lack of validity and vulnerability to countermeasures. retention. The Department of Energy Polygraph Program In .  . the Bureau’s polygraph failure rate has miraculously plummeted to just one percent. in reaction to unsubstantiated suspicions of Chinese espionage at Los Alamos National Laboratory. ): During a background briefing with reporters…a high-ranking FBI official said half of the Bureau’s employees now are subject to polygraphs. employees would face polygraph screening. . which was publicly released in March . the Department of Energy (DOE). no one has been fired. employees have been randomly tested. he said. At first.

The ostensible purpose for these hearings was to allow the public to comment on the Department’s proposed polygraph regulation. For background. Mr. General Habiger’s panel heard from dozens of scientists who warned of the lack of validity.” (Maschke. retired. Habiger. the danger of false positives and false negatives. delivered a brief presentation during which he provided false and misleading information about polygraph screening to the public. Mr. the base-rate problem.” whereas its main purpose (as we will see in Chapter ) is actually to elicit admissions and to obtain leads that may be useful in a “post-test” interrogation. DOE’s then polygraph program manager. David M.) During the course of DOE’s public hearings on polygraph policy. But their concerns fell on In February . Renzelman lied to scientists and engineers at Sandia National Laboratories and Los Alamos National Laboratory about the rationale for the directed-lie “control” questions used in DOE’s polygraph screening format.pdf  . At the beginning of each of these four hearings.on polygraph policy  In September . then director of the Department’s Office of Security and Emergency Operations. and the fact that lie detector “tests” can be easily defeated through countermeasures. Renzelman. (We will discuss the true rationale for directed-lie “control” questions in Chapter .org/articles/article-038. Renzelman was forced to resign as head of the DOE polygraph program because of inappropriate remarks he made at a DOE counterintelligence course the previous month. Mr. He suggested that the purpose for the “pre-test” interview is to make sure that the subject understands what is meant by “espionage” and “sabotage. which had been published in the Federal Register in August. the Department held a series of four public hearings on polygraph policy at which General Eugene E. see: http://antipolygraph. presided. ). claiming that they “are designed to elicit your capability of responding physiologically should you intentionally tell a lie.

and . according to standard DoDPI doctrine. who developed the “Test” for Espionage and Sabotage (TES) screening format used by DOE. On the DOE False Positive Rate In July . conducted three laboratory experiments attempting to assess TES validity. Keep in mind that in these laboratory experiments. the subjects had nothing to lose if they were falsely accused of deception. %. respectively. where truthful persons whose careers depend on the outcome might well be more anxious while truthfully denying having committed espionage than when falsely denying—on the polygrapher’s instructions—a common human failing such as having told a lie. But Edward Curran asserted that there were none! Could it be that this amazing false positive rate of % is achieved by arbitrarily choosing to ignore charts where the outcome. One might naturally expect a higher false positive rate in the field. one would expect  false positive outcomes. The public hearings were merely window dressing: the decision to implement polygraph screening had already been made. Dr. Applying this experimental average false positive rate of . Reed’s three experiments showed false positive rates of . using volunteers who committed mock acts of sabotage or espionage. Reed. then DOE counterintelligence chief Edward J. Curran told Washington Post staff writer Vernon Loeb that not a single one of the  DOE employees polygraphed up to that point had “failed.% to a population of  employees screened.” This is a truly amazing claim. See Chapter  for further discussion of the TES. the lie behind the lie detector deaf ears. for an average false positive rate of . should properly be “significant response” (that is.%. even once in one’s life. “deception indicated”)? . Sheila D.%. (The TES is a variety of “Control” Question “Test” and as such suffers from the same lack of scientific control and standardization.) Dr.%.

It seems clear that. But all of those subjects ultimately passed when asked the question a second time after being allowed to explain a minor transgression or admit to past conduct that may have been causing slight feelings of guilt. Just because all DOE employees polygraphed as of July  ultimately “passed. By relying on unreliable polygraph “testing. To the best of our knowledge. how DOE has achieved its claimed false positive rate of %. should be scored as indicating deception. The true false positive rate in the DOE polygraph program is about %. this seems to be. The . But DOE polygraphers are no doubt aware that they cannot get away with falsely accusing some % of those they interrogate of being spies and saboteurs. DOE’s expectation that employees will pass makes it all the easier for any real spies or saboteurs to escape detection. but actual spies will go undetected.” it does not follow that none of them were spies or saboteurs.” DOE and other agencies may succeed in deluding themselves into a false sense of security. Loeb reports: …Curran…said that about  percent of test subjects showed physiological responses indicating some “deception” to a question about unauthorized contacts. DOE polygraphers are choosing to overlook charts which. after grilling subjects a bit. ) But the ostensible purpose of DOE’s polygraph program is to detect espionage and sabotage. These are patriotic American citizens who already have clearances—you expect them to pass. there is no evidence that bank robbers and embezzlers are any more likely than anyone else to commit espionage or sabotage. based on DoDPI doctrine.” (Loeb.on polygraph policy  Indeed. in essence. not zero. not bank robbery and embezzlement. “These are not bank robbers or embezzlers. Curran said. On the DOE False Negative Rate Edward Curran said of DOE employees. as did CIA’s Aldrich Ames.

in all likelihood. thermonuclear warhead design information. never be known. As previously noted (p.” But in the very next paragraph.S.S. the Cox Report notes: The CIA later determined that the “walk-in” was directed by the PRC intelligence services. hundreds of CIA employees were unable to pass their polygraph screening exams in the wake of Aldrich Ames’ arrest in .” Nor does the Cox Report offer any insight into why the PRC intelligence services would provide the CIA with documents that could reasonably be expected to compromise their own sources and methods.S. National Security and Military/Commercial Concerns with the People’s Republic of China. more commonly known as the “Cox Report. the CIA and other Intelligence Community analysts that reviewed the document concluded that it contained U. Nonetheless. The Case of Wen Ho Lee In . the most modern in the U. Could it be that the CIA determined that the “walk-in” was directed by the PRC intelligence services because a CIA polygrapher found portents of prevarication when he gazed into the polygraph charts? A report by Walter Pincus and Vernon Loeb of the . according to Chapter  of the report of the House Select Committee on U. a “walk-in” approached the Central Intelligence Agency outside of the PRC and provided an official PRC document classified “Secret” that contained design information on the W- Trident D- warhead. ). as well as technical information concerning other thermonuclear warheads. and the  “walk-in” incident occurred squarely in that wake. Thus began an ongoing investigation of suspected Chinese espionage within the Department of Energy. arsenal. The Cox Report does not disclose how the CIA determined that the “walk-in” was “directed by the PRC intelligence services. the lie behind the lie detector false negative rate of DOE’s polygraph program will.

According to the Bellows Report. who were on hand to interrogate Lee after the “test” in the event that he failed. as seems likely. With the FBI’s consent. . the day of the “test.on polygraph policy  Washington Post (Pincus & Loeb. then it committed a blunder of monumental proportions.” Clearly. . on  December . If. ) suggests that such is the case: “He failed an agency polygraph.S. “SA Covert said  Footnote  at p. not ‘pass’ it. Pincus and Loeb report that notwithstanding the CIA’s polygraph results. In light of the information provided by the “walk-in. According to the Final Report of the Attorney General’s Review Team on the Handling of the Los Alamos National Laboratory Investigation. which focused on Los Alamos physicist Wen Ho Lee as its sole suspect. the FBI later debriefed the defector in the United States and believes him to be legitimate. DOE counterintelligence chief Edward J. Curran ordered that Lee be polygraphed. “became concerned about what exactly was supposed to happen if Lee passed the polygraph.” FBI Special Agents Carol Covert and John Hudenko. the CIA did terminate its relationship with the “walk-in” based on the voodoo science of polygraphy. Department of Energy launched an espionage investigation that was eventually taken over by the FBI.” the U. better known as the “Bellows Report. and his clearance would be pulled and termination proceedings initiated.” The report continues. the demand that Lee take a polygraph “test” was intended merely a pretext for revoking his clearance and firing him.” one intelligence official explained.” Curran predicted in a memorandum dated  December  to Secretary of Energy Bill Richardson only two possible outcomes: “either he would refuse to take the polygraph and DOE would pull his clearance and take steps to terminate his employment or he would agree to take the polygraph.

administered a polygraph interrogation to Dr.  of A Convenient Spy: Wen Ho Lee and the Politics of Nuclear Espionage by Dan Stober and Ian Hoffman.” (CBSNews. Lee received one of the highest “passing” scores possible. ) CBSNews. According to the Bellows Report: After the polygraph examination was over. polygrapher Wolfgang Vinskey.. Dr. at para. and their redacted names can be distinguished from one another in the Bellows Report based on their relative lengths.  of an affidavit in p. . and work began to get him reinstated in the X-Division. when the FBI later wanted to search Wen Ho Lee’s home. Lee. Special Agent Michael W.com reported. There were four relevant questions: Have you ever committed espionage against the United States? Have you ever provided any classified weapons data to any unauthorized person? Have you had any contact with anyone to commit espionage against the United States? Have you ever had personal contact with anyone you know who has committed espionage against the United States? Ed Curran’s prediction notwithstanding. they are identified as the agents who were present at p. that sources say the deputy director of the Los Alamos lab issued an apology to Lee.com. on  December .’” Two days later. employed by DOE contractor Wackenhut Corp. Lowe. the lie behind the lie detector they got Curran on the telephone and he said ‘it’s not going to happen. ) However.  . “The polygraph results were so convincing and unequivocal. SA Covert and SA Hudenko talked to the polygrapher and were told that Lee had not only passed the polygraph but “blew it away.” (p. Although the names of Special Agents Covert and Hudenko have been redacted from the publicly released version of the Bellows Report.

Speaking at a public meeting of the National Academy of Sciences/National Research Council Study to Review the Scientific Evidence on Polygraphs on  January .on polygraph policy  support of a search warrant filed on  April  (Lowe. That DOE’s original determination that the polygraph charts unequivocally indicated that Dr. Mr. swore that: …[f]ollowing the interview on December . Lee’s polygraph examination of  December  was “not finished. when denying he ever committed espionage against the United States. Renzelman revealed that the DOE polygraph “quality control” program was only instituted in January —promptly after Wen Ho Lee had passed his polygraph “test!” Mr. . when denying he ever committed espionage against the United States. . by both DOE and by FBI Headquarters (HQ) resulted in an agreed finding that LEE was inconclusive. Renzelman’s contention that Dr. The examiner’s initial opinion was that LEE was not deceptive. then DOE polygraph program chief David M.”) In any event. it seems that the “quality control reviews” referred to in SA Lowe’s affidavit were a sham. if not deceptive.” AntiPolygraph. ). subsequent quality control reviews of the results. if not deceptive” is further proof—if any were needed—that polygraph chartgazing is no science. Lee’s polygraph examination was “not finished” is inconsistent with SA Lowe’s sworn testimony that “quality control reviews of the results. by both DOE and by FBI Headquarters (HQ) resulted in an agreed finding that LEE was inconclusive. However.org has referred this matter to the FBI Office of Professional Responsibility. The polygrapher may read whatever he (or his boss) pleases into the charts. Renzelman stated that DOE and FBI reviewers unanimously agreed that Dr. if not deceptive. Indeed. Lee was truthful could be reinterpreted through “quality control reviews” to be “inconclusive.” (We have not succeeded in finding in the polygraph literature any criteria for a determination that a polygraph examination is “not finished. DOE polygraphers administered a polygraph examination of LEE.

and faced with the sudden shock of learning that he was the suspect in an espionage investigation. It was the examiner’s opinion that the polygraph results were inconclusive as to those questions. it would suggest that the FBI deliberately rigged the “test” to ensure that Lee would “fail. named Hobgood. The second question was rephrased .” (Stober & Hoffman. on February . He was shown into a room where the polygrapher. On  February . was waiting. Hobgood informed Lee that he was a suspect in an investigation into the loss of classified information on the W warhead—the first time the FBI had clearly told him. just as he would be if he were being arrested. If Stober and Hoffman’s account is accurate. it is hardly surprising that Lee would physiologically respond to the accusatory relevant questions. the FBI asked LEE whether he had provided two classified codes…to any unauthorized person and whether he deliberately obtained any W- documents. FBI agents falsely explained to Lee that they “needed his help solving a puzzle related to the W. the FBI conducted a polygraph examination of LEE. . Upsetting indeed. He took a seat and Hobgood hooked him up to the machine. The room was uncomfortably warm. ) Lee reluctantly agreed. Agents had taken down the room’s artwork and situated a table and a chair for Lee facing one of the blank walls. During this examination. Placed in an overheated room.” SA Lowe describes the outcome of SA Hobgood’s polygraph interrogation of Dr. The polygrapher cinched the finger cuff around his thumb to a painful tightness. He was advised of his rights. Lee at paragraph  of his  April  affidavit: On February . with a polygraph attachment tightened to the point of causing pain.M. and Lee had the distinct impression that the FBI had turned up the thermostat. the lie behind the lie detector The FBI decided to re-polygraph Lee. Stober and Hoffman describe the beginning of his polygraph interrogation by FBI Special Agent Rich Hobgood as follows: Resigned. but first he had to be cleared with a polygraph. Lee reported to the Los Alamos Inn at  A. Lee found this upsetting.

the FBI probe centered on the suspected loss of U.S. Beijing had gathered a large amount of classified information about U. who described the delay as a major blunder. senior U. however. LEE was then asked the follow [sic] two questions: Q: Have you ever given any of those two codes to an unauthorized person? A: No. the FBI—which never found evidence that Lee spied for China—has shifted its focus to the Defense Department and its private contractors. totaling . according to a senior law enforcement official. That is because the documents provided by the defector show that during the s.S. it now seems highly unlikely that Wen Ho Lee was the source of any W- information included in the “walk-in” documents. As the Washington Post reported on  October  (Pincus & Loeb. Now.  However. The belated translation and analysis has prompted a major reorientation of the FBI’s investigation into Chinese espionage. and quickly narrowed into an investigation of Wen Ho Lee.on polygraph policy to cover a broader range of activities. ballistic missiles and reentry . nuclear warhead data. until four years after the agency obtained them. ): A new review of Chinese military documents provided by a defector in  has led U. From  until late last year. The conclusion was reached only this year [] because the CIA and other intelligence agency linguists did not fully translate the huge pile of secret Chinese documents.S. Q: Have you ever provided W- information to any unauthorized person? A: No.S. a researcher at Los Alamos National Laboratory in New Mexico. pages. officials said. intelligence agencies to conclude that Chinese espionage has gathered more American missile technology than nuclear weapons secrets. The polygraph examiner concluded that LEE’s answers to these questions were deceptive.

The DoD CSP Program is authorized by Public Law -. The Department of Defense Polygraph Program The Department of Defense (DoD) has long had a counterintelligence-scope polygraph program. sabotage. The report indicates that the only individuals who “failed” their DoD polygraph screening “tests” were those who made “substantive” admissions.S. officials said. Control. and terrorism. the CIA botched its handling of the “walk-in” source and the FBI botched the ensuing espionage investigation. Department of Defense. the ostensible purpose of which is to deter and detect espionage. Communications. The DoD polygraph program is a prime example of waste. which at the time of writing (March ) is ongoing. The . DoD and contractor personnel underwent polygraph security screening. and abuse at taxpayer expense. . the Office of the Assistant Secretary of Defense (Command. The missile secrets are far more likely to have come from defense officials or missile builders than from Los Alamos or other U. and Intelligence) prepares for Congress a report on the DoD polygraph program.S. Every year. Everyone else “passed.” Thus. nuclear weapons labs. Thanks in large part to a misplaced faith in polygraphy. The DoD Polygraph Program Report for Fiscal Year  (U. the lie behind the lie detector vehicles. not including NSA and NRO. the key to passing is to simply to make no “substantive” admissions! The report explains: Approximately  percent of our polygraph tests are conducted as a condition for access to certain positions or information under the DoD Counterintelligence-Scope Polygraph (CSP) Program. As we shall see. These reports are designed to “sell” the polygraph program to Congress and cast it in the most favorable light. ) reveals that in that fiscal year. DoD has been selling Congress a fraudulent bill of goods. fraud.

and the individual “passes. three are still pending adjudication. Two recent espionage cases illustrate the point. individuals whose polygraph examination results were evaluated as no significant response to the relevant questions (non-deceptive). saboteurs. On  August . or terrorists who will be deterred or detected by it are those who are stupid enough to make admissions. If the DoD polygraph program is incapable of detecting those stubborn spies who won’t confess. While DoD claims that “[t]he purpose of the [CounterintelligenceScope Polygraph] Program is to deter and detect espionage. The remaining  individuals provided substantive information. The DoD conducts CSP examinations on military personnel.on polygraph policy purpose of the CSP Program is to deter and detect activity involving espionage. Of the . then it should come as no surprise that it is ineffectual at deterring would-be spies. The remaining  individuals yielded significant responses and/or provided substantive information. individuals examined under the CSP Program in Fiscal Year .” But if the individual provides “substantive” information. and terrorism. and terrorism. and no one received adverse action denying or withholding access. five are pending investigation. . Regan.  The report goes on to clarify: There were .S. sabotage. sabotage. Of these  individuals. showed no significant physiological response to the relevant questions (non-deceptive) and provided no substantive information. Air Force master sergeant and employee of .” regardless of the polygraph chart readings.” then any physiological responses he/she may have shown to the relevant questions are ultimately deemed not to be significant. the FBI arrested Brian P.” it seems that the only spies. then he/she “fails. This report makes it clear that the polygraph charts are not being used to determine whether individuals pass or fail: if the individual provides no “substantive information.  received a favorable adjudication. DoD civilian employees. a retired U. and DoD contractor personnel.

on  September . ).S. One of the Navy’s statements indicates that recording the examinations is a requirement under the regulations. Montes. on charges of conspiracy to commit espionage. This is completely untrue. Both Regan and Montes worked in DoD agencies in positions that require counterintelligence-scope polygraph screening. King On Wednesday. King and came up with a “no opinion” outcome. The first three days of exams were recorded in accordance with those regulations. The Case of Petty Officer Daniel M. the lie behind the lie detector National Reconnaissance Office (NRO) contractor TRW. While the FBI and DoD have not. The following month. disclosed whether Regan passed a polygraph screening “test” after beginning his espionage activities. the Defense Intelligence Agency’s (DIA’s) senior analyst for matters involving Cuba. ): Public statements issued by the Navy have stated that all polygraph examinations performed on CTR1 King were conducted according to Department of Defense regulations. at the time of this writing (March ). who was working for the Cubans even before she began her DIA career. King discovered in . Lieutenant Robert S. What followed is one of the worst instances of polygraph abuse on record. the remainder were not. Special Agent Robert Hyter of the Naval Criminal Investigative Service (NCIS) polygraphed Cryptologist Technician (Collection) First Class (CTR1) Daniel M. is known to have passed at least one DIA polygraph examination (Johnson. the prospect of future polygraph screening did not deter him. Bailey of the Naval Judge Advocate General’s Corps documented this abuse in testimony before the U. the FBI arrested Ana Belen Montes.  September . Perhaps agents stopped recording because . Senate Select Committee on Intelligence on  April  (Bailey. as Petty Officer Daniel M. on charges of conspiracy to commit espionage. Despite the ease with which spies can beat the DoD counterintelligence screening “test.” innocent persons subjected to it are not necessarily safe from polygraph abuse.

Immediately following the first polygraph examination. when you are being truthful. SA Hyter never took this important and logical step in his polygraph examination of CTR1 King. Such anxiety can create a false negative or deceptive reading to these questions. See Benjamin Kleinmuntz & Julian J.”). The NCIS Manual encourages agents to lie during interrogations. states that the recording of interrogations is “strongly  . Crim. however. Special Agent (SA) Robert Hyter. May-June 1981. told CTR1 King that he had failed the exam. 85. SA Hyter created a situation in which CTR1 King would be more likely to show an elevated response to the relevant questions when they arose again. the polygrapher. The NCIS Manual.. SA Hyter felt that he had no discretion in whether or not to record interrogations. 21 (“Any reaction that you might display when answering deceptively you might also display another time. & Soc’y Rev.48-R prohibits using the polygraph as such a “psychological prop. Those examinations that were recorded demonstrate a sharp departure from the practices established in the Department of Defense regulations. 17 L. at 19. The polygraphers simply reran our polygraph tests and obtained positive results. By lying to CTR1 King and failing to retest him. Lykken. On the Fallibility of Lie Detection. see David T. but Department of Defense regulation 5219.” Lying about polygraph results is sure to result in inaccurate results. Def. SA Hyter never went back and attempted to retest CTR1 King on those questions in an effort to get a more accurate reading. The Lie Detector and the Law.on polygraph policy they were aware that they were not conducting examinations in accordance with the regulations. As the polygraphs continued. 87 (1982). An indeterminate or “no opinion” reading on a polygraph is very common. This was a lie. SA Hyter actually was unable to render an opinion on the chart produced by the examination. Both LT Freedus and I had similar results with our first polygraph examinations following assignment to this case. SA Hyter received specific orders from his superiors at NCIS headquarters to stop recording the examinations and interviews. CTR1 King undoubtedly experienced considerable anxiety regarding the relevant questions after being lied to regarding the prior results. Szucko. NCIS agents further departed from regulations when they stopped recording the examinations and the interrogations that followed.

When CTR1 King is asked questions on to [sic] this subject in subsequent examinations. the polygraph examinations continued intermittently over the next several weeks. On the tape of the examination and interview on October . he experiences predictable anxiety over being labeled a spy and has physiological reactions that trigger a false reading on the polygraph.48-R. The NCIS agents skewed the results of the examinations by conducting them under conditions destined to produce inaccurate results. The Navy has stated that he failed the polygraph examinations. SA Hyter simply told CTR1 King that he appreciated the fact that he was tired but that the polygraph would take place anyway. . The only time he registered deceptive results was after long sessions and days of constant interrogations. the results were almost always indeterminate. The examinations were regularly conducted when CTR1 King was fatigued or complaining about a lack of sleep. no sessions other than a meeting between CTR1 King and an NCIS psychologist were recorded. SA Hyter is heard telling CTR1 King during the October . In addition to conducting examinations under sleep-deprived conditions. CTR1 King was told that he was a spy. Nonetheless. operating on a lack of sleep and fatigued from the constant questioning. SA Hyter states that he recognizes that CTR1 King is very tired.” Despite more than three weeks of additional interrogations. Polygraph machines are notoriously . and under clearly impermissible conditions. This type of manipulation is the exact reason polygraph results remain inadmissible in court. In truth. and is prohibited under Department of Defense regulation 5210. Specifically. The commingling of these techniques had the predictable result of elevating CTR1 King’s reaction to the relevant questions and producing unreliable examinations.  interrogation that his inability to pass the polygraph examination indicates that he is a spy and has engaged in espionage. the lie behind the lie detector recommended. Administering a polygraph examination under these conditions is improper and likely to lead to inaccurate readings. the agents mingled polygraph examinations with abusive interrogations. After the initial indeterminate results. CTR1 King would undergo five or more examinations in a single day with mixed results. he proceeded to administer a series of polygraphs which CTR1 King predictably failed to pass. Nonetheless.

CTR1 King spent well over a year in pre-trial confinement before the presiding military investigator. A Time magazine cover graphically portrayed by far the worst shame ever to bedraggle the honor of the Corps. newspaper headlines revealed that Marine guards at the U.  NCIS subjected CTR1 King to days of polygraphic interrogation and sleep deprivation and denied him a lawyer when he requested one. an article by Washington Post reporter Don Oberdorfer revealed the even more For further reading on the King case.M. In A Tremor in the Blood: Uses and Abuses of the Lie Detector.html 13 . CTR1 King was released on  March  and has since retired from the Navy with a clean record.fas. Embassy in Moscow had been found to have conducted guided tours for Soviet KGB agents through the secret inner sanctums of that building. Nonetheless. The fact that this conduct extended to the administration of polygraph examinations should come as no surprise. At : A. recommended that charges be dismissed. Lykken describes an eerily similar instance of polygraph abuse by the Naval Investigative Service (which in  was re-named the Naval Criminal Investigative Service): In .org/irp/ops/ci/king/index. It is beyond question that NCIS agents engaged in unethical conduct in this case. Commander James P. Winthrop. 13 The Marine Embassy Guard Scandal The polygraph abuse suffered by CTR1 King is not without precedent. after a -hour interrogation session (and having been interrogated during  of the  previous hours) CTR1 King signed a confession stating that he had sent a computer disk containing classified information to the Russian embassy. David T. on  October . Several silent months after these horrific revelations. and he promptly retracted it.on polygraph policy unreliable and unethical examiners can manipulate the results. see the Federation of American Scientists website at: http://www.S. His confession was uncorroborated by any evidence whatsoever. USN.

” 14 . Ultimately. especially. January 31. Agents and polygraphers of the Naval Investigative Service learned that a Native American Marine.S. the Marines didn’t admit any Soviet agents into the embassy. plucked from their subsequent posts by NIS investigators and questioned. 1988. had befriended a Russian woman employed by the KGB. to the reputation of his beloved Marine Corps. Cpls. Each polygraph test included increasingly bizarre allegations to which these young Marines reacted with increasing physiological disturbance. They then sought out three other enlisted Marines who had also worked as guards at the U. “the government has been grappling mainly with phantoms of its own invention. Bracy’s court-martial. Derian was assistant secretary of state for human rights during the Carter administration. more or less nonstop for three days. a Judge Advocate General officer who had served as defense counsel in Cpl. head of the State Department’s Diplomatic Security Bureau. Vincent Downes signed wildly incriminating statements—statements they at once repudiated after being rescued from the NIS interrogators. each successive polygraph test suggesting still more outlandish possibilities. Clayton Lonetree. According to Robert Lamb. –) Endnote in original: “Patt Derian. Reagan administration officials finally admitted that.”[] These were young African American Marine noncoms. Minneapolis Star-Tribune. Sgt. This colonel wanted nothing more from me than understanding corroboration of his outrage at what these NIS operatives and their “damnable polygraphs” had done to his client and. Arnold Bracy and Robert Williams and Sgt. “there were things in Bracy’s statement that could not have happened. Moscow Embassy during Lonetree’s tenure there and subjected them to repeated cycles of polygraph testing and interrogation. As journalist Oberdorfer wrote.” (pp. thus confirming the polygraphers’ beliefs that they were on the track of something big. accusations that the young men reacted to with increasing alarm. Embassy scandal was fiction. Sometime later I received a phone call from a Marine colonel. the lie behind the lie detector shameful truth. in fact.

Park. writes: The  Oval Office tapes captured President Richard M. but as a technique of interrogation to encourage admissions. If They Know Polygraphy Is Unreliable. and the Food and Drug Administration also rely on polygraphy. will often make admissions that they might not otherwise make. the Internal Revenue Service.S. DEA.on polygraph policy  Other Agencies Apart from CIA. NSA has stated that the agency “does not use the ‘truth v. Those innocent persons who are falsely accused in the process are considered “acceptable losses. deceptive’ concept of polygraph examinations commonly used in criminal cases. I don’t know anything about polygraphs and I don’t know how accurate they are. other federal agencies such as the U. the polygraph examination results that are most important to NSA security adjudicators are the data provided during the pretest or posttest . many state and local law enforcement agencies and fire departments use polygraphy to screen applicants and to interrogate their current employees in internal affairs investigations. and the Departments of Defense and Energy.” In . NSA. physicist Robert L.” In an article on DOE’s decision to adopt polygraph screening (Park.S. Why Do They Rely on It? Government agencies rely on polygraphy primarily because naïve and gullible subjects. the U. the Congressional Office of Technology Assessment (OTA) reported: It appears that NSA (and possibly CIA) use the polygraph not to determine deception or truthfulness per se. Rather. Capitol Police. but I know they’ll scare the hell out of people. Nixon explaining why he had ordered polygraph screening for the White House staff: “Listen. fearing that the polygraph will detect the slightest hint of deception. In addition. FBI. Secret Service. ).

Richardson’s damning Senate testimony on polygraph validity. ) And as previously noted (p. Although there is disagreement among scientists Dr. Donald M. because if people believe that that machine’s gonna catch them in the lie. he left the FBI to become the CIA’s Deputy Director for Science and Technology. Grassley wrote in a letter (Grassley. In his testimony. After Supervisory Special Agent Drew C. the Joint Security Commission acknowledged in its  report that many polygraph proponents “contend that as long as the polygraph elicits admissions to screen out unsuitable applicants and actual security risks. ) On  May . former CIA and DOE counterintelligence chief Edward J. who came to the FBI laboratory division without a background in forensic science.  . they’re more willing to make statements or admissions to you prior to the test. after acknowledging that “it is not scientific”: It’s a very.” In a CBS “60 Minutes II” report on polygraph screening titled “Final Exam” which aired on  December . served as director of Los Alamos National Laboratory from ‒. the lie behind the lie detector phase of the examination”… (Scientific Validity of Polygraph Testing. “over % of the information the NSA develops on individuals who do not meet federal security guidelines is derived via [voluntary admissions from] the polygraph process.” (National Security Agency. the NSA wrote to the White House. ) to the then new director of the FBI laboratory division. questions about the polygraph’s validity remain academic. or during the test. Dr. very effective screening device. Richardson is perhaps the FBI’s most eminently qualified expert on polygraphs. Dr. ). Kerr. Kerr: …Dr. Senator Charles E. p. In . Curran explained to Scott Pelley what good the polygraph is. Richardson states the following regarding polygraph screening: “It is completely without any theoretical foundation and has absolutely no validity.

 by the Chief of the FBI’s Hazardous Materials and Response Unit.” Enclosed is a copy of the full text of Dr. but . the sale and/or use of illegal drugs. In March. . this is how Dr. .  Senator Grassley requested that the Director of the FBI laboratory division answer Dr. ( percent) admitted to withholding substantive information. Since that time. and also indicate your intention to raise the matter with the FBI Director immediately and advise him of your position. If Dr. I support the use of polygraph testing for applicants seeking employment with the FBI. Of those. you have asked for my position regarding the use of polygraph examinations as an applicant screening procedure. . Drew Richardson. Director Freeh authorized the use of polygraph examinations for all FBI employment applicants. For the reasons set forth below. there is almost universal agreement that polygraph screening is completely invalid and should be stopped. pre-employment polygraph examinations. When these individuals were interviewed about their unacceptable performance in the polygraph session. If you disagree with his charges. Richardson is correct.on polygraph policy about the use of polygraph testing in criminal matters. Kerr (who with a doctorate in plasma physics from Cornell University should have known better) replied: With regard to the testimony provided to your Subcommittee on September . . applicants ( percent) passed and continued processing. the FBI has conducted approximately . It is not a substitute for. applicants ( percent) were determined to be withholding pertinent information. I request that you respond in writing to the Subcommittee answering Dr. Richardson’s testimony. But instead. Dr. As Chairman of the Subcommittee on Administrative Oversight and the Courts. thereby confirming the results of the polygraph examination. I ask that you so state. The FBI’s polygraph screening focuses exclusively on counterintelligence issues. Richardson’s charges on grounds of science. and the accuracy and completeness of information furnished by applicants in their employment applications. polygraph screening should be banned from the FBI. Richardson’s charges on grounds of science.

… Tellingly. Dr. as Dr. Kerr admitted that he supported polygraph screening because his boss. Richardson has charged and Dr. authorized it and because it is useful for obtaining admissions. which have been discerned through polygraph interviews. it also appears that the primary purpose of the Department of Energy’s polygraph program is simply to elicit admissions. Instead. Kerr did not dispute—is “completely without any theoretical foundation and has absolutely no validity. During DOE’s public hearings on its then-proposed polygraph regulation. Dr. Kerr state whether he disagrees with Dr. Richardson’s charges on grounds of science. creating a permanent smear and harming their prospects for employment elsewhere. a thorough and complete background investigation. Part of Dr. as Senator Grassley had requested. the director of the FBI laboratory division failed to answer Dr. Kerr’s response to Senator Grassley is also misleading. For them. as the Senator had asked. but merely one component of.” Despite official claims to the contrary. Renzelman claimed: .” Moreover. a thorough and complete background investigation. then polygraph program manager David M. Kerr claimed that polygraph screening “is not a substitute for. All Americans should be concerned that a director of the FBI laboratory division—an ostensibly scientific institution—supported the use of a procedure that. the polygraph is a substitute for a “thorough and complete background check. Director Freeh. Richardson’s charges. the lie behind the lie detector merely one component of.” He neglected to mention that the FBI summarily rejects the applications of those whose polygraph charts are interpreted either as indicating deception or inconclusive. Nor did Dr. We have found that conventional investigative methods are not always capable of detecting certain national security risks and personal suitability issues. the FBI shares derogatory “information” about those who “fail” with other agencies.

but there was a slight indication on one of the repeats of one [of the] questions that something was bothering me and he asked if I [was] thinking of the stuff I told my [spouse]. or a friend or neighbor or somebody.” Since polygraph screening lacks both theoretical . or need to know. I think he was lying. The DOE polygrapher was keenly interested in this employee’s possible “pillow talk. Curran and General Habiger that we’re not interested in what people commonly refer to as pillow talk. etc. etc. That’s a couple of things. I caved when he said that I should talk about anything that was bothering me and that they could emphasize or even reword the questions as needed to make me more comfortable. he allayed my fears and the second set of questions went well. access to. and it’s not terribly intelligent. He took copious notes and kept asking. ): Since I had the nagging thought of possible disclosure to my spouse.” (Anonymous. when I may have said it. we sat down again. it was just fuzzy memories of cutting of conversations because I suddenly realized that they were starting to get classified.on polygraph policy I have a mandate from Mr. and although he questioned pretty hard at first. By that we mean something that other person does not have a clearance for. but that’s not what I’m concerned about. until I halfway made something up just to get him to stop. because it shouldn’t be done. Pillow talk is a slang term that is pretty much used in DOE to describe what happens when a husband goes home or a wife goes home and talks to their significant-other or spouse. This lead [sic] into a thorough and relentless grilling about what I may have said.S. but it did not matter because my answer was truthfully No. d)  But one DOE employee tells a story that gives the lie to Mr. Department of Energy. The interrogation: after a short break. (U. did my [spouse] specifically ask any questions. I did not have an answer. I couldn’t remember any specifics. etc. So I talked about it. probably a security infraction. Renzelman’s claim that DOE’s polygraph program is not concerned with “pillow talk. about something that’s classified. He said that the results were good.

lazy or just unlucky decision about a person can result not only in serious problems for the organization and its purposes. But maybe not… Could it be that. precisely to elicit such admissions of “pillow talk” and other security infractions. bureaucratic terms and treasure its use accordingly. & Barger. the DOE false positive rate of some % (see pp. assuming a base rate of guilt of % for security violations. despite Mr. Honts. Interestingly. From the Allenwood federal penitentiary Ames writes: Most people in the intelligence and CI [counterintelligence] business are well aware of the theoretical and practical failings of the polygraph. whether of the CIA. Ames. offered a cogent analysis. Convicted spy Aldrich H. ) Is it mere coincidence that DOE polygraphers are finding roughly % of those they polygraph to be deceptive with regard to unauthorized contacts (or other security violations)? Maybe. the lie behind the lie detector foundation and scientific validity—and stands virtually no chance of exposing a true spy—it seems that the primary purpose of the DOE polygraph program is. and in a variety of situations a bad. but in career-damaging blame for the unfortunate decision-maker. Here. DOE or even of private organizations. director of the Federation of American Scientists’ Secrecy in Government Project. the polygraph is a scientific godsend: the bureaucrat accounting for a bad decision. This same logic applies to its use in screening potential and current employees. Deciding whether to trust or credit a person is always an uncertain task. DOE polygraphers are simply adjusting their scoring criteria to produce a % “significant response” rate. or sometimes for a missed opportunity (the latter is much less . ‒) corresponds precisely with DoDPI’s estimated base rate of guilt for security violations. and then grilling whoever “fails” for admissions of security violations? Obtaining admissions is not the only reason why government officials who know that polygraphy is unreliable nonetheless rely on it.  at p. Renzelman’s representations to the contrary. but are equally alert to its value in institutional. (Barland. in a letter postmarked  November  to Steven Aftergood. NSA.

he’s done it  times. suggests that innocent blacks are more likely to be found deceptive on polygraph examinations than are innocent whites.L.on polygraph policy often questioned in a bureaucracy) can point to what is considered an unassailably objective. wrote in an e-mail exchange with the webmaster of NoPolygraph. when there are indications of drug usage above the guidelines or drug dealing. Dr. if I was running the show. will pass. Shortly thereafter. much to the cost of our intelligence and counterintelligence effectiveness. the DoDPI director.…I got to tell you though. about eight times (well within the Bureau’s limit of  times). polygraph judgment. ): It only gets tight. then Director of Research at DoDPI. I’ve seen these bureaucratically-driven flights from accountability operating for years. requested that all of the handouts be returned or that the portion which . or the sandstorms between the Gulf and Desert One in . presented a -page handout to members of the federal polygraph research community which. an FBI polygrapher. Gordon H. an FBI applicant who reports that he smoked marijuana say.” Racial bias may also play a significant role in polygraph outcomes. The US is. All that was at fault was some practical application of a “scientific” technique. the only nation which places such extensive reliance on the polygraph.  Polygrapher Bias Special Agent H.… It has gotten us into a lot of trouble. Those who are certain that they only tried it once or three times or five or whatever. so far as I know. Barland. if someone has smoked marijuana  times. there would be no one in the FBI that ever used illegal drugs! By SA Byford’s own admission. At a meeting in . but cannot precisely recall the number of times. who attended the presentation. Byford. at face value. Don’t you agree? Those who have any doubts about how many times they used are going to fail. like those frozen O-rings.com (Byford. I mean. though occasionally and unavoidably fallible. is going to “fail.

Lee’s home (Lowe.% of innocent black subjects were correctly classified as being non-deceptive.% of whites correctly classified.pdf  . ). at para. they would have a roughly % chance (if white) and a % chance (if black) of being found either deceptive or having an inconclusive result. Despite DoDPI’s best efforts to suppress this study. mb PDF file at: http://antipolygraph. This may be especially likely to occur when the polygrapher believes that the charts indicate deception or simply harbors a bias against the subject. which is considerably less than the . In this study. Inflation/Fabrication of Admissions Unfortunately. LEE volunteered the following new information that he had not revealed in the prior interviews with the FBI or DOE. Wen Ho Lee provides a striking example of admissions inflation. he was approached by WEI SHEN LI. and it is now available on AntiPolygraph. at least one copy survived. polygraphers have been known to inflate or even fabricate admissions. swore that after determining that Lee had shown deception on two questions [t]he polygraph examiner then gave LEE an opportunity to discuss his answers further. Either outcome would likely eliminate them from further consideration for federal employment. Special Agent Lowe.org/documents/dodpi-racial-bias-study. The case of Dr. This outcome has serious implications for applicants for federal law enforcement positions because it suggests at face value that if they tell the truth on a polygraph exam. During the discussion. may be downloaded as a .org. LEE said that during his trip to the PRC in . only . along with an explanatory cover sheet.  of his affidavit in support of the FBI’s request for a warrant to search Dr. the lie behind the lie detector referred to racial bias studies conducted by DoDPI (the last nine pages) be destroyed. who [sic] This study.

It wasn’t. ). Lee had “admitted” that he assisted China’s nuclear weapons development program! SA Lowe further insinuated that Lee had been deliberately withholding this information from DOE and FBI investigators. That this equation was used in two classified codes does not mean that the equation itself was classified. As former FBI special agent Mark Mallah testified during DOE’s public hearings on polygraph policy (U.” Dr. LEE illustrated what he had provided to LI in the form of an equation to assist LI in solving his problem. and asked if LEE could assist him in solving a problem he (LI) was having. all for the purpose of serving their own industry. who had agreed to be polygraphed without the benefit of legal counsel. polygraph examiners inflate their own figures. mentioned that he had provided a Chinese scientist with a mathematical equation in  during a DOE-authorized visit to Beijing . I’m not saying they’re lying. Here we see SA Lowe spinning an innocuous statement into a damaging “admission. Now. Department of Energy.on polygraph policy LEE knew to be involved in the PRC’s Nuclear Program. mischaracterize what is an admission.S. Lee. LI came to see LEE. made the mistake of trying to explain to his FBI polygrapher why he might have physiologically “responded” to a relevant question. But SA Lowe intimated to the judge that Dr. But I am saying that they . Lee committed no security violation by sharing it. a): …[I]n my experience.  Dr. But Lowe failed to disclose to the court that Dr. LEE admitted that his assistance to LI could have been used easily for nuclear weapons development. LEE agreed. but was asked no further questions at the time. Lee. Lee had listed the names of the scientists with whom he met in a  trip report (Stober. The polygrapher’s report states that LEE said that this equation was the same used in two classified codes. and Dr. trying to explain why he might have physiologically “responded” to a relevant question.

The trunk was broken into on a Friday night while my wife and I joined some friends for a social outing. then no. who in  (after four years of waiting) obtained some documentation of his case under the Privacy Act. provides instances of admissions inflation/fabrication during the FBI’s polygraphinspired espionage investigation of him in a letter to the members of the U. and it was on a Friday night. he asked? I responded that I could look out the window and see it was daylight. especially when the incident was four years ago. the FBI first raised their suspicion that I had classified documents stolen from a briefcase inside the trunk of my wife’s car. Did I inventory the briefcase before it was stolen. Senate Committee on the Judiciary (Mallah. a confession is like a trophy.” Mallah. The FBI polygraphed me (the polygraph interrogator was Mark Johnson) on this incident. and we immediately reported the theft to the police.One year into the investigation and grasping for theories. The following is an example: Background. but I could be as sure as I could possibly be. And also be aware that to a polygraph examiner/interrogator. this person was deceptive. but if I did not actually see the sun and he asked me if I was absolutely sure that the sun was really there. then insisted that I was showing deception on this issue. He challenged me as to how I could be so sure about it. So the slightest sliver of anything—anything that can be construed or misconstrued as damaging—that examiner has a strong incentive to say. the lie behind the lie detector have a strong incentive to shade all the evidence in their favor.S. ). Johnson polygraphed me. I could not be 100% sure of that either. so even if my practice was otherwise. The same with the absence of classified documents in the briefcase. I would have no need for any classified documents over the weekend. What I said. here’s the proof. A non-FBI friend had his briefcase stolen as well. which had occurred about four years prior to this polygraph. I told him. “I got an admission.That I was sure there were no classified documents in the briefcase because it was my regular practice not to take classified documents out of the office. .

Mallah stated that he had no specific knowledge of what classified document could have been in the briefcase. District Court for the Eastern District of Michigan (Mateo. from a Special Agent in Charge of the New York Office at the time. but Mr. Tenenbaum’s attorney alleges at para. Tenenbaum The case of David A. classified or otherwise. who accused him of deception. Mr. stated: “Prior to the polygraph. In a complaint filed in U. Sometime around January . counterintelligence officials at TACOM came to suspect Mr. is an engineer with the U. Michigan whose official duties had originally included liaison with Israeli officials. Tenenbaum was ultimately absolved of all wrongdoing. Tenenbaum submitted to a polygraph interrogation conducted by Special Agent Albert D. A lengthy espionage investigation ensued. Mr.“Mallah admitted that he could not be 100% certain that there were no classified documents in the briefcase the night it was stolen.” including one Jew who married an Israeli. contained in that briefcase when it was stolen (end quotes missing).S. Snyder of the Defense Security Service (then the Defense Investigative Service). even . Tenenbaum of being an Israeli spy. Mallah stated that ‘he could not be 100% certain that there were no classified documents in the briefcase the night it was stolen. Tenenbaum seems to be one of the most egregious instances of admissions fabrication on record.on polygraph policy The FBI Version.’”  The Case of David A. he can ‘categorically’ state that there were no Bureau (FBI) documents. After being told that his polygram reflected that he was deceptive. Army Tank Automotive and Armaments Command (TACOM) in Warren. Agent Snyder claimed to have gotten all of these “Jews” to confess. Tenenbaum.” Subsequent reporting on this issue.S. On  February . Mr. ). Carson Dunbar. SA Mallah stated that ‘to the best of his knowledge.  [t]hat Agent Snyder indicated to plaintiff that he had “done other Jews before. an American orthodox Jew fluent in Hebrew.

plaintiff nevertheless tried to cooperate with defendant Snyder. in an affidavit filed in support of an FBI request for a warrant to search Mr.” Agent Snyder also spoke about his involvement with the Jonathan Pollard case. Tenenbaum’s home (and cited in Mr. Agent Snyder called plaintiff a liar and said he could tell plaintiff was a spy just by looking into his eyes. after the examination. a polygraph examination was administered to Tenenbaum by Special Agent Albert D. classified information from the three Special Access Program (SAP) projects to which he had access. Reuven Granot. (3) During an interview of Tenenbaum by Snyder. swore in relevant part: (2) In conjunction with a single scope background investigation conducted by the Defense Investigative Service (DIS). Livonia. Mechanical Engineer. Afterwards. the lie behind the lie detector though in some cases it may have taken months. On February 13. The non releasable classified information provided to the Israelis by Tenen- . Agent Snyder claimed he would get plaintiff to confess. Tenenbaum consented to a polygraph examination. In spite of these accusations. Further. Michigan. Warren. Tenenbaum’s complaint). Jonathan Pollard (also a Jew) was a navy intelligence officer who is serving a life sentence for his conviction of spying for Israel. Combat Vehicle Team. no matter how long it took. Tenenbaum. Tenenbaum admitted to divulging non releasable classified information to every Israeli Liaison Officer (ILO) assigned to TACOM over the last ten years. tank [sic] Automotive Research and Development Engineering Center (TARDEC). 1997. which plaintiff refused. Scientific Deputy Director. Mr. DIS. Tenenbaum stated that he inadvertently provided his Israeli contacts. Tenenbaum maintains that he made no admissions whatsoever to espionage or providing classified information to unauthorized persons. as part of a security clearance upgrade for David A. US Army tank [sic] Automotive and Armaments Command (TACOM). polygraph examiner. Israeli Ministry of Defense (MOD). specifically the ILOs and Dr. Michigan. Yet FBI Special Agent Sean Nicol. defendant Snyder asked plaintiff to write out a confession. Snyder. Agent Snyder claimed that all plaintiff had to do was confess and he would suffer only a “slap on the wrist.

 Mr.on polygraph policy baum includes hydra codes from the Light Armor Systems and Survivability (LASS). Tenenbaum vehemently denies the “admissions” attributed to him in SA Nicol’s affidavit. plaintiff had very limited access to Special Access programs and had eventually withdrawn from working on these programs with his supervisor’s permission. Plaintiff never indicated to defendant Snyder that he “inadvertently provided Israeli contacts.” In fact. 38. Heavy Survival Test Battery (HSTB) data. and patriot [sic] missile countermeasures data. that he has taken cover sheets labeled SECRET from TACOM to his residence. Tenenbaum’s complaint goes on to state: Almost the entire contents of this affidavit are false. Tenenbaum admitted that he has taken documents classified “For Official Use Only” from TACOM to his residence. Additionally. tenenbaum [sic] admitted providing the Israelis with unreleasable classified information regarding the Bradley tank [sic] and the HUMV [sic]. classified information from three Special Access Programs projects to which he had access. including HYDRA codes from the Light Armor Systems Survivability . Plaintiff merely informed defendant Snyder that he had worked with other engineers and scientists in various other countries and they shared information. Plaintiff did not admit to divulging non-releasable classified information to any Israeli liaison officer assigned to TACOM over the last ten years. and currently has a TACOM computer at his residence. 39. the Israeli Liaison Officers and Dr. Mr. Reuven Granot. Advanced Survivable Test Battery (ASTB) data. plaintiff never provided classified information from Special Access Programs or classified information from any other program to anyone. and that he has taken TACOM computers to his residence. Plaintiff never consented to a polygraph examination. Plaintiff denied indicating that he had provided nonreleasable classified information to the israelis [sic]. Scientific Deputy Director. They shared only non-classified information and shared this information after it was cleared by their respective superiors. Israeli Ministry of Defense. 37. 40. He was coerced/threatened into taking a polygraph examination. Certainly. ceramic armor data. specifically.

A. but he possessed that computer with his superiors’ permission and approval so that he could work out of his home. Plaintiff reiterates that he never provided any type of classified information to the Israelis. This vehicle is referred to as the Bradley Fighting Vehicle. 43. That in light of the false information given by defendant Snyder to the FBI. and furthermore. Plaintiff denied giving any classified Ceramic Armor Data to anyone. Plaintiff denied giving any information regarding patriot [sic] missile countermeasures data. Plaintiff has no knowledge of patriot missile countermeasures data. was not a classified program. Plaintiff did not have access to HYDRA codes. 45.S. Plaintiff did have a TACOM computer at his residence.). FBI Agent Sean Nicol either knowingly swore out a false affidavit or had been purposely mislead [sic] by defen- . Mr. 44.S. There is no such thing as a Bradley Tank. Plaintiff could not have taken any classified documents from TACOM since he did not have access to the safes that contained the classified documents. the lie behind the lie detector (L. this was a totally unclassified program that had not even begun at the time of the DIS interview process or the polygraphs. Plaintiff denied giving any advance survivable test battery data. Plaintiff did not take classified information to his residence. Again. To the best of plaintiff’s knowledge. The Ceramic Armor Data referred to in the affidavit was to be part of the D650 Foreign Material Acquisition Program whose funds Mr.S. L. 41. the type of program referred to in the affidavit does not even exist. 46. Tenenbaum competed for and “won” and were approved by TACOM. This was a project that the United States. 42. Plaintiff denied indicating to defendant Snyder that he had taken documents classified “For Official Use Only” from TACOM to his residence. The purpose of this program was to buy specific ceramic armor from a company in Israel for testing purposes. Tenenbaum did not have access to classified information involving Ceramic Armor Data. Germany and Israel were working to jointly develop. Plaintiff did not indicate to defendant Snyder that he had given the Israelis non-releasable classified information regarding the Bradley Tank and the HUMV [sic].S.A.

James Blascovitch. devoted and unselfish service in behalf of the APA membership.” On  April . Bennet Memorial Award in  in “recognition of excellence-achievement…as a token of APA appreciation for unrelenting efforts and display of ability in the APA interest. Senate Committee on the Judiciary at its  April  “Hearing on Issues Surrounding the Use of Polygraphs” (Zaid. or even having any communication whatsoever with Mr. they re- . distinguished. stated. Zaid. according to the American Polygraph Association (APA) website.” and in . based on this affidavit. polygrapher Albert D. Additionally. In any event. (Mateo. a United States Magistrate Judge authorized the search of plaintiff’s residence…  Incidentally. could you have them do it.” In . Polygraph “tests” may be deliberately rigged to increase the likelihood of the subject “failing. the FBI prohibited Dr. Tenenbaum’s behalf. “…every examiner I asked at DoDPI. at the second public meeting of the National Academy of Sciences/National Research Council Study to Review the Scientific Evidence on the Polygraph. Dr.S. ) Predetermined Outcomes Government officials have also used polygraph “testing” as a pretext for adverse action in the absence of supporting evidence. a member of the review panel. Drew Richardson—its then leading expert on polygraph “testing” (he has since retired)—from providing testimony about polygraphy in Mr. CIA polygraphers reported to the Department of Justice’s Public Integrity Section that they were instructed by CIA management to “fail” certain employees. Snyder won the Association’s William L. ) writes: …[I]n –. physiologically?’ They all said ‘yes. in his prepared remarks submitted to the U. ‘If you wanted someone to fail this test.’” Attorney Mark S. Tenenbaum’s lawyers. he received the Al & Dorothea Clinchard Award “honoring extended.on polygraph policy dant Snyder. in what seems to be a clear violation of the st Amendment.

a Jewish American who came under suspicion of having provided classified information to an Israeli national. Sometimes. There could be little doubt about what the result of Mr. pp. –): . He was ordered to take polygraph examinations. Director of Central Intelligence George J. A recent example is the case of Abdallah Higazy (Human Rights Watch. an unidentified CIA official writes. In April .” and was eventually fired in late . False Confessions and the Case of Abdallah Higazy Polygraphy is also associated with the phenomenon of false confessions. Notwithstanding these sensational allegations. the lie behind the lie detector vealed that they were taught how to sensitize examinees during pre-testing interviews so as to create the likelihood of false positives. Ciralsky. . there is no evidence either the CIA or Department of Justice ever conducted an investigation. it looks like we’ll be waving goodbye to our friend. with whom he had not spoken in years. In one. The case of former CIA lawyer Adam J. Ciralsky fired. Yet the CIA has produced no evidence that Mr. which CIA officials say he failed. “Tenet (meaning the CIA director) says this guy is out of here because of his lack of candor…subject is scheduled for a poly… Once that’s over. He “failed.”… According to the internal memo. Ciralsky’s polygraph “test” would be. ): Ciralsky was interrogated by CIA investigators on numerous occasions and accused of a lack of candor for not disclosing that his chaperone on a high school trip to Israel at age . Ciralsky ever provided any classified information to any unauthorized person or violated any security regulation. innocent persons confronted with the news that they have failed a polygraph “test” become convinced that their best option is to make a false confession. was an Israeli citizen. National Public Radio reported (National Public Radio. is a good example of such polygraph “test” rigging. His lawyers believe that internal CIA memos show the test was rigged. Tenet wanted Mr.

Higazy volunteered to take a polygraph test. Higazy claimed that the interrogating agent threatened him from the beginning: “We will make the Egyptian authorities give your family hell if you don’t cooperate. The detainee stated that he was given no break.” Higazy replied. He was placed in solitary confinement at the Metropolitan Correctional Center in Manhattan.” he recalled the agent telling him. a pilot’s radio was found in your room. a thirty-year-old Egyptian graduate student with a valid visa. His lawyer waited outside and he was not allowed to be present during the questioning. he said he became nervous and almost fainted. was detained as a material witness on December .” Faced  . that I had lost the only chance to prove I was innocent. On December .. The FBI agent continued the interrogation even though Higazy was not connected to the polygraph machine any more.” the agent persisted. He was then questioned more for at total of four to five hours. the following dialogue occurred: “The results of the test are inconclusive.” “It’s not my device.. I don’t know who put it there.. Higazy told Human Rights Watch: “I thought I was in trouble. “tell me the truth” after each of his answers and he became increasingly anxious. you are an engineer. You are smart. We can show ties between you and September . “but this never happened to anyone who said the truth. He asked the agent to stop the polygraph test and take the cables off him. A pilot’s radio had allegedly been found in the New York City hotel room where he had stayed on September . and so he did. “You know you have nothing to do with September . . The agent repeated.” the agent said. According to Higazy. When the agent described to him about what the radio device allegedly found in his room could do.” he told Human Rights Watch. it doesn’t take a genius to figure it out. “I wanted to show I was telling the truth. drink.on polygraph policy Abdallah Higazy. During the polygraph test he was asked about the September  attacks. you were scared of the FBI and denied the radio was yours. or food. he was taken to an office in Manhattan and had a polygraph test administered. and without his counsel present. but you can tell the truth.

” A judge is considering whether to open an inquiry into the manner in which FBI agents obtained Higazy’s confession. the lie behind the lie detector with the FBI’s pressure. “All I wanted to do is to keep away from September  and to keep my family away from them. the FBI refused. Higazy told Human Rights Watch: “It was horrible. horrible.” On May .  . I always have the feeling of being accused of something I didn’t do. Higazy refused to do the test again without a lawyer and it was never done. the former hotel security guard who produced the pilot’s radio was sentenced to six months of weekends in prison for lying to the FBI. After his admission. On January . How Can They Be So Blind? In his  Senate testimony. he ultimately admitted the radio was his. he asked for his lawyer. He felt very tired and asked that the rest of the test be postponed. and I’m very. Ronald Ferry. misguided patriotism or false heroism. However. The charges against him were dropped. three days later. Higazy offered to do a polygraph test again but requested that his lawyer be present. Higazy was released in his cotton prison scrubs and given three dollars for subway fare on January .” the detainee told Human Rights Watch. ) provided a cogent analysis of the institutional problems that have blinded some policymakers to the problems of polygraphy: I think the aforementioned problems with polygraph continue to exist within the Bureau and elsewhere for the following reasons: . Ferry. said that he lied during a “time of patriotism. Higazy was charged with lying to the FBI. Drew Richardson (Richardson. I was crying each and every day five to seven times. He admitted that he knew that the device was not in a safe belonging to Higazy. who is a former police officer.” The judge said that his conduct was “wrongly motivated by prejudicial stereotypes. went to the hotel to claim it. the owner of the radio. an American pilot. He said the interrogating agent denied in front of his lawyer that he had threatened his family. According the Higazy. very sorry. alleging that the attorney would be a disruption. FBI Supervisory Special Agent Dr.  .

The fact that the human physiology is marvelously wonderful and complex. the need to protect national security from the danger of espionage.  As Dr. who have real problems for which they seek needed solutions (e. that polygraph methods have been able to accurately record this physiology for most of this century and beyond. in no way compensates for the vast shortcomings of polygraph applications and questioning formats.” . Richardson observed.. and the fact that computerized acquisition and evaluation of this data is now available. it’s still “better than nothing. garbage out. and evaluation). These executives are left unable to evaluate that polygraph is not a viable solution and do not comprehend that ignorance and mis-information are built into their own command structure. These in turn report to executives. Within the Bureau. Independent scientific experts must be (and have not been) consulted to obtain an objective view of polygraphy. ignorance and misinformation are built into the command structure. 2. report to mid-level managers who are largely ignorant of polygraph matters. A Modest Proposal Policymakers who mandate polygraph “testing” for others generally support their decisions on the ground that the jobs of those being “tested” are so sensitive as to justify this unusual practice: even if it’s not scientifically valid.on polygraph policy 1. This is tantamount to having the government’s cancer research efforts controlled by the tobacco industry. Polygraph research (direction. State of the art technology utilized on faulty applications amounts to nothing more than garbage in. 3. We hope that this book will serve to dispel that ignorance and counter that misinformation. funding. polygraph examiners who have little or no understanding of the scientific principles underlying their practice. and operational review is controlled by those who practice polygraphy and depend upon it for a living. and the need to hire employees with appropriate backgrounds). training.g.

” As a result. “Have you ever made a campaign promise you didn’t intend to keep?” or “Has your vote ever been influenced by a campaign contribution?” Federal judges should not object to being asked such simple questions as. No person who fails to pass a polygraph screening “test” would be permitted to assume public office.” After all. Any innocent persons among them would have to be written off as “acceptable losses. and current office-holders would be subjected to periodic reexamination. we would see some  senators and  representatives expelled and barred from holding public office. “Have you ever made. Four or five justices of the Supreme Court would be similarly be ejected. a decision that was not necessarily in the public interest?” If the current % failure rate of the FBI special agent preemployment polygraph screening program were applied to Congress. We propose the establishment of a National Polygraph Agency whose mission it will be to “test” all persons sworn into public office in the United States. What’s good for the goose is good for the gander. intelligence. and defense. specifiable “test. then it should be a fortiori necessary for those to whom they report. we have seen that the “Control” Question “Test” lacks scientific “control” and is not a standardizable. If polygraph “testing” is truly necessary for those with sensitive jobs in law enforcement. for political reasons. the lie behind the lie detector We suggest that the jobs of those who are mandating polygraph screening for others are even more sensitive than the jobs of those for whom they are mandating it. “Have you ever allowed your personal views to influence a legal decision?” Political appointees should have no problem with being asked. national security is at stake! Summary Thus far. The President and Members of Congress shouldn’t mind answering a few simple questions like. its validity cannot be determined through scientific .

As the lie behind the lie detector becomes more and more widely known. you will learn how polygraph “tests” really work (and don’t). The majority of psychophysiologists do not believe polygraphy to be based on sound scientific principle. and an overwhelming majority believes that polygraph “tests” can be beaten through countermeasures. but cynically rely on polygraphy because it is useful for eliciting admissions from naïve and gullible subjects. those agencies that rely on polygraphy will be able to fool fewer of the people less of the time. We have also seen that governmental agencies know this.on polygraph policy  means. . They won’t fool you. In the next chapter.

We will discuss all three phases. “Don’t speak so loud. the “post-test” interrogation (when applicable). too.chapter three Polygraphy Exposed justice and security through truth —Department of Defense Polygraph Institute motto Tests of deception.” said Dorothy. “Are you not a Great Wizard?” “Hush.” said the little man meekly. “No. the “in-test” phase (polygraph exam). “And I thought Oz was a terrible Beast. depend on trickery to instill fear in their subjects. you are all wrong. who used deception to inspire fear. Polygraph “tests” have three distinct phases: 1. The Wonderful Wizard of Oz.” he said. or you will be overheard—and I should be ruined. “And I thought Oz was a lovely Lady. 2.” said the Tin Woodman.” said the Scarecrow. —Leonard Saxe “I thought Oz was a great Head. my dear. perhaps. must themselves include a deceptive element. the “pre-test” interview and “stim test”. polygraphers. the most egregious problem.” exclaimed the Lion. .” “Making believe!” cried Dorothy. 3.  Like the Wizard of Oz. Polygraph tests present. “And I thought Oz was a Ball of Fire. “I have been making believe. In this chapter.” L. I’m supposed to be a Great Wizard. Frank Baum. exposing the deception on which the polygraph procedure depends. we will expose the little tricks used by the little men behind the polygraph curtain. ironically.

For example. It is a response system over which you have no control. and may well remark on something both of you have in common. In addition. Your polygraph examiner will next briefly explain how the polygraph instrument works. I will explain what the instrument is and how it works. You will instantaneously decide either to remain where you are and investigate . These plates will be attached to two of your fingers and will record your sweat gland activity. changes in your respiration. He will use information gleaned during this “pre-test” interview to choose the “control” questions he will be asking you later. and blood pressure will be recorded. the polygrapher will take note of any damaging admissions you make. Today. It will be placed on your arm and will monitor changes in your cardiovascular activity. especially if you have not had a PDD [“psychophysiological detection of deception. Here is the textbook explanation that Department of Defense Polygraph Institute-trained polygraphers provide to their subjects (Dollins. the polygrapher will attempt to establish rapport with you. there is a blood pressure cuff on the desk.” a more scientificsounding term for “lie detection”] examination before. and he will also exploit this information in an attempt to elicit admissions during any “post-test” interrogation. Suddenly you hear a loud noise. To help put you at ease. They will be used to record your breathing. There are two metal finger plates next to the rubber tubes. ): You may be a little nervous. One will be placed across your chest and the other will be placed around your abdominal area. sweat gland activity.polygraphy exposed  The “Pre-Test” Interview In this phase. These physiological changes are a result of an automatic response system in your body. He will ask about your background and interests. This is expected and is quite normal. It is the same type of cuff a doctor uses to measure blood pressure. visualize yourself walking down a dark alley late at night. The polygraph is a diagnostic tool that is used to determine if a person is telling the truth. Finally. Please notice the two rubber tubes on the desk. It simply records physiological changes that take place in your body when you are asked questions.

“It is important for you to understand that even though a lie might be socially acceptable or only a small lie. your body still responds. relatives. The recording on the polygraph will show only the physiological responses. your body adjusted to the stress of the situation. your heart may beat faster. sensing danger to your well being. His explanation is deliberately false and misleading: telling a lie may or may not result in physiological changes measurable by the polygraph. Remember how your body felt during that confrontation. Therefore. Your heart may have been racing or you may have been sweating. all of the adults you came in contact with--your parents. But like the Wizard of Oz. it is extremely important that you be totally honest… (pp. When you were growing up. Ever since you were a young child. your body still responds. and stealing were wrong. grandparents.” he really means. People are not always % honest. the U.” Fear is an essential element of all polygraph “tests. the lie behind the lie detector the source of the noise. teachers. without fear . Sometimes it is kinder and more socially acceptable to lie than to be honest . It is important for you to understand that even though a lie might be socially acceptable or only a small lie. your body automatically adjusts itself to meet the needs of the situation. the responses were automatic. you were raised to know the difference between right and wrong. ‒) The above explanation is carefully designed to instill fear.such as telling someone you like their clothes when you really think the clothes are awful. It cannot know what kind of lie you are telling. or a lie by omission. However. Quite probably. your breathing may change and you may break out in a cold sweat.S. Regardless of the choice you make. “It is important for me that you believe this to be true. “A former polygrapher noted that without proper preparation. or to flee the area. cheating. Senate Select Committee on Intelligence reports.” In its  assessment of the Ames case. When the polygrapher says. if you are like most people. a subject has no fear of detection and. you have been programmed to know that lying is wrong. church officials--taught you that lying. Think about the first time you lied and got caught. or a lie by omission. the polygrapher is making believe.

) But fear of being falsely accused may also entail physiological responses measurable by the polygraph and result in truthful persons being accused of deception. Your polygrapher would ask you to pick a card and not show it to him. while you are connected to the polygraph.” Your polygrapher will tell you that the purpose of this little demonstration is to allow him to “adjust the instrument” and to make certain that you are “capable” of physiologically responding if you were to intentionally tell a lie.) . The true purpose of the “stim test” is to dupe you into believing that your polygrapher can read your mind and that the slightest deception will be detected.” though DoDPI calls it an “acquaintance test. he would ask you to answer “no” to each question he asked. Your “stim test” might go like this: Did you pick a face card? (No.) Did you pick a queen? (No. Suppose you draw the jack of diamonds. The “Stim Test” Your polygrapher will next conduct what in the polygraph trade is commonly known as a “stimulation test” or “stim test.” He then proceeds to ask: Did you pick a king? (No.) Did you pick a jack? (No. Senate Select Committee on Intelligence.” (U. But this explanation is itself a lie. In earlier times.S. the “stim test” was usually done with a deck of cards.) Your polygrapher nonchalantly tells you. Then. the subject will not necessarily demonstrate the proper physiological response. “It’s obvious you picked a face card.) Did you pick a number card? (No.polygraphy exposed  of detection.

“It’s clear you picked the jack of diamonds. and 6) in a list above and below or to the left and right of the “4” that you wrote. you are to look at that number on the wall and to consciously think about having chosen it and written it down. This supposedly makes the act of your writing the number more significant to you. Your polygrapher will then write-in five additional numbers (in this case. the lie behind the lie detector He then informs you.” Did you write 1? (No. he may ask you to write the number with your left hand.” He continues: Did you pick a spade? (No. from three to eight.) Did you pick a diamond? (No. 5. then he will affix the paper to the wall in front of you. Let’s say you pick “4.” You write it on the slip of paper. say. No doubt about it.) Your polygrapher gazes into his charts and earnestly tells you. but the polygrapher has memorized their order. 3.” your polygrapher will ask you to pick a number. “Did you write 1? Did you write 2?. But nowadays. the card trick has largely given way to the “numbers test.) Did you pick a heart? (No.’ You can’t tell a lie without your body giving you away. in which every card is the jack of diamonds. 1. If you’re right-handed. 2. In another version of this card trick. and to write it on a sheet of paper.) .) Did you write 2? (No.” etc. and then to deliberately lie and say “no.” In a known-solution numbers “test.” But what your polygrapher wouldn’t tell you is that you drew your card from a trick deck.) Did you pick a club? (No. The number you write will be known to both you and the polygrapher. an assortment of genuinely different cards is used. And he will tell you that when you answer “no” to the number that you wrote. “You’ve clearly drawn a jack. Your polygrapher will next instruct you to answer “no” each time as he asks. You’re a ‘screamer.

I’m now going to demonstrate the physiological responses we have been discussing. you still responded. You reacted strongly when you lied about that number. This is how DoDPI instructed examiners to explain the “stim test” to volunteers in a recent research project (Dollins. NOTE: be sure to use the word acquaintance or demonstration test when discussing this with the examinee.using the rationale below.… The results will be discussed with the examinee as follows: That was excellent. electrodermal plates. your polygrapher will attempt to convince you that you are not capable of lying without the polygraph instrument detecting it. The standard four components (two pneumograph tubes. this test will demonstrate to me that you are capable of responding and that your body reacts when you knowingly and willfully lie. . That will make this examination very easy to complete as long as you follow my directions.polygraphy exposed Did you write 3? (No. followed by the acquaintance test. and cardiovascular cuff) are attached at this time. This test is intended to give you the opportunity to become accustomed to the recording components and to give me the opportunity to adjust the instrument to you before proceeding to the actual test.) Did you write 5? (No. The acquaintance test should be conducted in the manner taught at DoDPI. but convince the examinee that deception was indicated. DO NOT show the test to the examinee.)  Whether you showed any discernible reaction while “lying” or not.) Did you write 4? (No. You’re not capable of lying without your body reacting. It is obvious that you know lying is wrong. Even though I asked you to lie and it was an insignificant lie.) Did you write 6? (No. ): Administer a standard known solution numbers test-. In addition.

and any admissions will be duly noted. Government? • Have you ever performed services for another intelligence service? • Do you masturbate? • What do you think about while masturbating? • Have you ever had sex with another man? • Have you ever thought about having sex with another man? . The most “prestigious” polygraph school. the Department of Defense Polygraph Institute. the lie behind the lie detector Don’t be your polygrapher’s fool.S. Reviewing the “Test” Questions Next. polygraphers are prohibited from asking questions about religious and political beliefs and sexual matters. The lie detector cannot detect lies (it only records physiological data). whose wife had recently left him. one CIA applicant. The polygrapher will ask you if there is anything that is bothering you that you think you should mention before the polygraph “test” begins. churns out polygraphers after a mere -hour (-week) course of instruction. However… CIA Applicants Beware! Both CIA and NSA use a broader “life-style” polygraph screening “test. and your polygrapher cannot read your mind. In .” CIA polygraphers in particular seem to have a prurient interest in the private lives of those they interrogate. Mind reading is not on the DoDPI curriculum. was asked the following mix of questions during the “pre-test” phase of his pre-employment polygraph screening: • Have you ever participated in groups advocating the overthrow of the U. your polygrapher will review with you all the questions that he will be asking you while you are hooked up to the machine. As a rule (not always strictly followed).

a case officer. Daniel Jeffreys reported: Sarah. what kind of positions. officers took her through a list of the most perverse sexual acts. On assignment in Turkey she fell in love. what kind of sex we have. How can I have a normal sexual relationship now. asking her if .” she says. as an exercise in abuse and intimidation. Virginia. When it came to her polygraph test. found the inquisitors at “The Farm”. knowing that whatever I do in bed I may be asked to describe in detail to one of my superior officers?” … Case officer “Mary” is a good example. persistently curious about her private life. “They asked how many times we have sex in a month.polygraphy exposed • • • • • • • • • • • • • • • • •  Have you ever killed another person? Have you ever thought about killing another person? Have you ever thought about killing yourself? Do you lie? How much do you lie? Daily? Weekly? Would you lie to make yourself look better. She describes her last polygraph. “They kept coming back to my sex life. what I was wearing. in July. if you knew you wouldn’t get caught? Why did your wife leave you? Couldn’t you satisfy your wife sexually? Has she or any other woman accused you of being unable to satisfy them? Have you ever cheated on your wife? Have you ever thought about cheating on your wife? Do you daydream? Would you consent to us medicating you for continued examination? Have you ever thought about having sex with your mother? Have you ever bounced a check? Have you ever been arrested for DUI? Should you have been? In an article about the CIA’s polygraph program published in the  November  issue of The Independent. the CIA’s headquarters in Langley.

” Jane was given a choice: dump the man or leave the Agency. “Whatever they asked. Relevant Questions These questions have directly to do with the matter at hand. for example. He did. and the hundreds of people like me who think the senior officers have made conditions intolerable because they can’t risk another Aldrich Ames?” If you are considering going to work with the CIA. then the relevant questions asked during your polygraph examination could well be: . irrelevant. you may wish to ponder just how intimate a relationship you are willing to have with your Government. and “control” questions.” … In  Jane. as required by CIA regulations. and I think he was just spooked. With the prospect of similar tests at least every two or three years. and he failed.” she says. “I have plenty of marketable talents and I can survive without the CIA” she says. Question Types “Control” Question “Tests” consist of three distinct kinds of questions: relevant. My feeling was that it was no way to treat a fellow professional. “I felt there was a degree of sexual harassment involved. If. I decided to resign. I was clean. “I think the interrogators got a kick out of asking the questions. “The question is.” Then Jane decided she wanted to marry. met a foreigner and they fell in love.” they deal directly with the crime under investigation. “I passed every one. He’s not an intelligence professional. on a posting in Asia. She chose the man. can the CIA survive without me. you are suspected of leaking an embarrassing memo. she was subjected to repeated polygraphs of a most intimate nature. When she reported the relationship. the lie behind the lie detector she had ever practised them with her new boyfriend. “The Agency told me my fiance must take a polygraph.” she says. In specific issue “tests.

and the accuracy and completeness of information furnished by applicants in their employment applications. Former FBI laboratory division director Dr. Have you deliberately withheld any important information from your application? If you are a Department of Defense or Department of Energy employee facing a security screening polygraph interrogation. Let us take the FBI’s polygraph screening program as an example. Has any group or organization directed you to seek employment with the FBI? 2. ). then your relevant questions could very well be: 1. Have you violated the FBI guidelines concerning the use of illegal drugs? 6. Donald M. the sale and/or use of illegal drugs.” If you are an applicant for employment with the FBI. Have you committed an act of espionage against the United States? . Have you had unauthorized contact with a foreign national? 2. Have you ever been in contact with anyone from a non-US intelligence service? 3. Did you leak that memo?  With polygraph screening. the relevant questions are more general. Do you know who leaked that memo? 3. Have you provided classified information to an unauthorized person? 3. your relevant questions might very well be: 1. Kerr mentioned in his letter to Senator Grassley (Kerr.polygraphy exposed 1. Have you ever provided classified information to any unauthorized individuals? 4. Have you ever sold any illegal drugs? 5. “The FBI’s polygraph screening focuses exclusively on counterintelligence issues. Do you suspect someone of leaking that memo? 2.

The sacrifice question is usually something along the lines of. the first relevant question—whether probable. That is. it is not scored.or directed-lie—is what is known as a “sacrifice” relevant question. “Do you intend to answer all questions truthfully?” This is how DoDPI has instructed examiners to explain the sacrifice relevant question while administering the directed-lie “Test” for Espionage and Sabotage (Dollins. ): Explain and review the sacrifice relevant question. Have you committed an act of sabotage against the United States? The “Sacrifice” Relevant Question In some polygraph formats. The question is not intended to “ensure that you intend to be truthful to the security questions. The rationale may depend on whether the sacrifice relevant is reviewed as the first or third relevant question. “I need to ensure that you intend to be truthful to the security questions. although the question is relevant. the polygraph examiner asks the subject if he intends to answer the security questions truthfully . The sacrifice relevant may be reviewed as the first relevant question or as the last (third) relevant question. the lie behind the lie detector 4. Note also that in this particular case.” and is not scored at all. so I am going to ask you…”). Use one of the following sacrifice relevant questions (the first is preferred). do you intend to answer truthfully? Note that the rationale for the sacrifice relevant question that the polygrapher provides to the subject is false and misleading.g. Provide a rationale for the sacrifice relevant question (e. The polygrapher assumes that truthful persons might physiologically respond to the first relevant question simply by virtue of its being the first one. Do you intend to answer the security questions truthfully? Regarding the security questions.

We will use both terms interchangeably.” they are still commonly called “control questions” in polygraph circles.” The probable-lie format is by far the most common and is used in both pre-employment polygraph screening and in criminal interrogations. This is because in the directed-lie “Test” for Espionage and Sabotage. the subject will be instructed to answer the “control” questions untruthfully. as we shall see below (p.” the polygrapher will tell you that you must answer all questions truthfully. Virtually all federal. In addition. The OTA report (Scientific Validity of Polygraph Testing. and local law enforcement agencies that rely on polygraph screening use the probable-lie format. Probable-Lie “Control” Questions In a probable-lie “Control” Question “Test. state. but he actually assumes that you will be deceptive when answering the “control” questions. He will deceive you about that expectation. and come in two distinct varieties: “probable-lie” and “directed-lie. As noted in Chapter . : The polygraph examiner does not tell the subject that there is a distinction between the two types of questions (control and relevant). “Control” Questions These questions are more general.polygraphy exposed  rather than if he intends to answer all questions truthfully. Control questions are described as intending to determine if the subject is the “type of person” who would commit a crime . the “control” questions in “control” question “tests” do not provide any kind of “control” within the scientific meaning of the word. “comparison questions. while the directed-lie format is used by the Departments of Defense and Energy for polygraph screening. Although polygraph researchers are increasingly using the more descriptive term. ). some private polygraphers employ a mix of probable-lie and directed-lie “control” questions. ) explains at p.

 the lie behind the lie detector such as the one being investigated.g. “Other than what you told me. that the polygraph will record any confusion. and that you would end up failing the “test” before it even begins.… The examiner stresses that the subject must be able to answer the questions completely with a simple “yes” or “no” answer. misgivings. In reality. have you ever lied to a loved one?” The theory is that when you answer the question “no. have you ever considered hitting someone in anger? Since most everyone can answer “yes” to all of these questions. The polygrapher assumes that if your physiological responses as measured by the polygraph are stronger when answering a relevant question (e.… Thus. or doubts. “Have you violated this agency’s guidelines concerning . the “control” questions often end up structured as. Common “control” questions include: • Have you ever lied to a loved one? • Have you ever taken something that does not belong to you?” • Since the age of . the typical examinee will admit to one or two minor transgressions. spanning a long period of time. The polygrapher will then move to contain these admissions. however. The polygrapher accomplishes this by trying to convince you that any further admissions on these questions will call your character and integrity into question. Following limited admissions. in order to leave you with the uneasy feeling that you haven’t told all. or at least feel uneasy about not remembering some incident from long ago. The polygrapher treats your response to this question as though it were a lie. and that the subject should discuss any troublesome questions with the examiner.… “Control” questions tend to be broad and sweeping. the examiner wants the subject to experience considerable doubt about his or her truthfulness or even to be intentionally deceptive.” you must still be withholding something. the situation is set up such that the subject is persuaded that the examiner wants the truth.

in every polygraph examination. at the examiner’s urging. If these assumptions seem overly simplistic to you.polygraphy exposed  the use of illegal drugs?”) than when answering the “control” questions (e. “Are you a spy?”) that is most likely to be found deceptive! As Honts () notes: …Lykken…has persuasively argued that the individual who tries to be truthful during a pre-employment polygraph examination and who. then you must be telling the truth in answering the relevant question. And if your physiological responses while answering the relevant and “control” questions are about the same. As we stated at the beginning of Chapter . bares all of his or her past wrongdoing. at least one person truly is deceptive: the polygraph examiner! Recognizing “control” questions may be made easier because the polygraph examiner will often emphasize them as he explains the questions he will be asking you. Ironically.… (p. then you must have been deceptive in answering the relevant question. then the outcome will be deemed inconclusive. Perversely.g. you’re right. whereas the individual who makes minor admissions and then dishonestly maintains his or her innocence is more likely to be given the benefit of the doubt and passed through. “Have you ever lied to a loved one?”). “discuss[es] any troublesome questions with the examiner” and then answers the “control” questions truthfully (and as a result exhibits weaker physiological responses to them than to accusatory relevant questions like. ) This bias against the most honest individuals applies to all probablelie “control” question “tests”—whether pre-employment or otherwise. is the very individual who is most likely to be rejected by the preemployment screening process. it is the conscientious examinee who. if one of your “control” questions is going to be “Have you ever lied to loved ones?” your polygrapher may very well give you a short sermon on the virtues . For example. polygraphy is not science: it is codified conjecture masquerading as science. at the polygraph examiner’s behest. If your physiological responses while answering the “control” questions are greater.

or the police? Have you ever lied to get out of trouble? Did you ever reveal anything told to you in confidence? Did you ever cheat in school? Did you ever cheat in college? Did you ever betray the trust of a friend or relative? Did you ever steal anything from an employer? (Note. the lie behind the lie detector of honesty (ironic. 6. 14. that any question about stealing money from an employer is a relevant. or where you are an applicant for employment with the FBI or U. you may well encounter “control” questions such as: 1. 4. Have you ever driven while under the influence of alcohol? This may seem like a relevant question.” such as the one in our example where you are suspected of leaking a memo. In a probable-lie “test. isn’t it?) and expound about how experience has shown that the same people who would lie to a loved one turn out to be the very same kind of people who would commit the crime that is under investigation or the behavior that is being screened for. 2. 5. 8. And if you consume alcoholic beverages and drive a car. but it’s not. Have you ever lied to a supervisor? Have you ever lied to loved ones? Have you ever lied to parents. 12. however. 11. 13. not a control question!) Do you sometimes intentionally mislead or deceive your friends? Are you a really honest person? Are you absolutely trustworthy? Do you think you are smarter than most people? Are you an untrustworthy person? Are you a dishonest person? 10. you may well be asked: 16. 3.S. Your polygrapher assumes that anyone who drinks and has a driver’s license must . 9. Secret Service. 7. 15. teachers.

Your polygrapher expects that your denial will still be a lie. Other “control” questions commonly used in probable-lie “control” question “tests” that may at first seem like relevant questions are: 17.) Here are DoDPI’s textbook instructions on how polygraph examiners are to explain directed-lie “control” questions to subjects (Dollins. Similarly. if your polygrapher rephrases. Have you ever lied about anything serious? Don’t be fooled. It’s still a control question. ]. “Did you ever cheat in school?” to “Did you ever cheat in college?” it’s still a “control” question. (As we mentioned earlier [p. directed-lie “control” questions are used primarily by the Departments of Defense and Energy for polygraph screening.polygraphy exposed  have difficulty to honestly say he’s never driven while under the influence of alcohol. like most people. Instead. Directed-Lie “Control” Questions Directed-lie “control” questions differ from probable-lie “control” questions in that the subject is not misled into believing that the directed-lie question must be answered truthfully. Have you ever done anything you would be embarrassed to tell me about? In addition. the subject is instructed to “lie” in response to the directed-lie “control” question. if. you initially admit to having told some white lies. your polygrapher may rephrase the question as: 20. Is there anything in your background that you are afraid that our investigator might find out? 18. ): . or that you will at least feel anxiety over whether your denial is completely truthful. Have you ever done anything that would embarrass you if your parents found out? 19. which is introduced as a “diagnostic” question.

just think of a specific time. As I explained earlier. tired.” the explanation provided to the subject is nonetheless false and misleading: 1. Now think of a specific incident (don’t tell me).g. Then lie to me and say no. Use the following explanation as a guideline. . “…[W]hen you lie your body responds and I will be able to see the response. you were given a test and I saw no responses to any of the questions. when you lie your body responds and I will be able to see the response. the diagnostic questions. I am now going to discuss the second type of question. When I ask the question I want you to think of an occasion when you did this--don’t tell me about it. just as I did during the demonstration. just as I did during the demonstration. using some medication) some people lose their capability to respond. violated traffic laws)--you have haven’t you (they should answer yes)--of course. For various reasons (sick.” Your body may or may not produce physiological responses measurable by the polygraph when you lie. Consequently. I already know the answer to these questions because we all have done these things at one time or another. Before each question preface it with--we have all (e. the lie behind the lie detector Explain and review the directed lie comparison questions. First I will review those questions used to determine if you are capable of responding when you lie. When I ask you ‘Did you ever violate a traffic law’ I want you to lie to me and say “NO. I must ask some questions that demonstrate you continue to have the capability to respond when you are lying and that you do not respond when you are telling the truth. it would look like you were telling the truth. If. however.” When I ask you this question on the test--I want you to think of that incident when you lie to me. Although directed-lie “control” questions are less devious than probable-lie “controls.

truthful and deceptive subjects are expected to respond differentially to the relevant and directedlie questions.” When you answer a question falsely as instructed. “…I will review those questions used to determine if you are capable of responding when you lie.polygraphy exposed  2. the examiner may ask. you would have such severe health problems as would preclude you from sitting for a polygraph exam. “For various reasons (sick. 3. tired. A subject is told that it is important for comparison . Professor Honts () has described the rationale behind the Directed-Lie “Control Test” (DLCT) thus: …The rationale of the DLCT is similar to that of the CQT [“probable-lie” “Control” Question “Test”] except that the comparison question. then your anxiety while answering the directed-lie “control” questions will result in stronger physiological responses than when you answer the relevant questions.” Any responses measured by the polygraph when you answer the directed-lie “control” questions have nothing to do with deception. If you are physically capable of sitting down for a polygraph “test. is a known lie. you are not “lying. For example. “Have you ever told a lie. the one expected to elicit response from the innocent. using some medication) some people lose their capability to respond.” If you were to “lose [your] capability to respond” physiologically.” your body is “capable” of responding physiologically. The true purpose behind the “directed-lie” questions is to cause you to feel anxiety about whether you are providing appropriate physiological responses while answering these “control” questions. even one time in your life?” The subject initially answers “yes.” but is then directed to answer “no” during the examination. The polygrapher assumes that if you are truthful in your answers to the relevant questions. The directed-lie control questions are prepared in the following manner. In the DLCT.

the subject is told that if he or she does not react appropriately to the directed-lie questions. this is codified conjecture. You may wish to ponder which would cause you the greatest physiological response: a) falsely denying having ever told a lie in your entire life. not science. The directed-lie polygraph screening format adopted by the Department of Defense in  and the Department of Energy in  is called the “Test for Espionage and Sabotage” (TES). the lie behind the lie detector purposes that he or she answer some of the questions on the test deceptively. the nature of appropriate responding is not defined for the subject. In this case. knowing that your trustworthiness is being assessed based on the pseudoscience of polygraphy. The examiner also tells the subject that it is critical that he or she respond appropriately when lying. Again. As with probable-lie “control” question “tests. If your physiological responses while answering the “control” questions are greater.” the polygrapher assumes that if your physiological responses when answering a relevant question are greater than when answering the directed-lie “control” questions. then you must be telling the truth in answering the relevant question. then you must have been deceptive in answering the relevant question. differential reactivity is expected because the innocent subject’s attention has been focused on the directed-lie questions by the examiner’s instructions and by concern over responding appropriately. as instructed by your polygrapher or b) truthfully denying having had contact with a foreign intelligence service. However. The DLCT is evaluated in the same manner as the CQT. then the outcome will be deemed inconclusive. Finally. And if your physiological responses while answering the relevant and “control” questions are about the same. the examination will be inconclusive and will have to be repeated at another time. The directedlie “control” questions used in the TES—which questions you will be instructed to answer falsely—may include: .

the polygrapher asks. boating) law? 3. would you steal something from (name of employer) if you had the chance?” and. This kind of “control” question has been used especially in pre-employment screening. “Would you lie to even one of these questions if you thought you could get away with it?” (Wygant. Did you ever brag about yourself to impress others? Hypothetical “Control” Questions A third kind of “control” question is the “hypothetical control” question that is intended to produce a reaction in truthful subjects by causing them to ponder how they would handle a hypothetical situation. Did you ever lie to a previous supervisor about anything? 7. Did you ever violate a traffic (fishing. Did you ever lie to a co-worker about anything at all? 9.polygraphy exposed  1. hunting. This format outwardly appears to consist of relevant and irrelevant questions only. Did you ever take any government (company) supplies for your personal use? 2. “Have you lied to me in any way since we have been talking today?” The polygrapher uses these “concealed” . Examples include. Did you ever say something that you later regretted? 6. Did you ever violate a software copyright law? 5. which is found in a polygraph technique known as the DoDPI General Question “Test” (GQT). Did you ever say something derogatory about another person behind their back? 4. ) Concealed “Control” Questions A fourth kind of “control” question is the “concealed” control question. Did you ever say anything in anger that you later regretted? 10. the polygrapher asks. “In the future. “Do you intend to lie to any of the questions on this test?” and near the end. but near the beginning. which is no longer taught by DoDPI. Did you ever borrow anything and forget to return it? 8.

Irrelevant questions are also used as buffers between various scored questions (that is.” the irrelevant questions are not scored at all! Irrelevant questions commonly appear at the beginning of a polygraph question series (usually the first two questions) to soak up the initial stress of the polygraph interrogation.” In both probable.… The rationale provided to the subject is a lie. Use the following explanation example as a guideline. the lie behind the lie detector control questions as a basis of comparison with the relevant questions. The purpose of the irrelevant questions is not so that your polygrapher “can see how you are responding when you tell the truth. ): …Explain and review the irrelevant questions. (Matte. 2. 3. Are you now in (name of the state in which you are located)? Is today (today’s date)? Do you sometimes drink water? Are you sometimes called (your name)? . 4. polygraphers expect that even truthful subjects may react to the first questions in a series merely because they are first.” the subject is instructed to answer these questions truthfully. Common irrelevant questions include: 1. The final diagnostic questions you may hear are ones you will answer truthfully so that I can see how you are responding when you tell the truth. DoDPI teaches polygraphers to explain irrelevant questions thus (Dollins. relevant and “control” questions). As with the sacrifice relevant question. ) Irrelevant Questions Irrelevant questions are concerned with nothing of importance.and directed-lie “control” question “tests. In both probable-lie and directed-lie “tests. It will be obvious that you are telling the truth.

he may again reassure the subject that no questions about outside issues will be asked and run a new chart. If a polygrapher scores a chart as inconclusive but notes a reaction to a symptomatic question. You may well be under observation from behind a two-way mirror. when the examiner leaves the room. He will ask a series of usually about ten questions and instruct you to keep your eyes open. then return to interrogate you about why you may have been “responding” to a certain question before he proceeds to the next series. and pneumograph tubes around your torso and abdomen. By the way. and answer “yes” or “no” to each question. which may be disguised as a picture or even a fish tank. your polygrapher may leave the room for about  minutes to “examine the charts” (and to let you sit and stew about your fate). metal contacts on your ring and index fingers. Your polygrapher will ask the questions at intervals of about  seconds.polygraphy exposed  Symptomatic Questions Another kind of question you may encounter is what polygraphers call “symptomatic” questions. don’t assume that you are alone. remain still. ) The “In-Test” (Polygraph) Phase The examiner fits a blood pressure cuff around your arm (he may alternatively attach a transducer set to your thumb).. and will probably repeat the question series two or three times. Such questions are normally worded along the lines of. you may rest assured that someone most . “Are you completely convinced that I will not ask you a question during this chart that has not already been reviewed?” or. “Is there something else you are afraid I will ask you a question about even though I told you I would not?” Some polygraphers believe that an inconclusive outcome may result when a subject is more worried about some outside issue being raised than about any of the relevant or “control” questions. In between question series repetitions. (Capps et al. (If your polygrapher assures you that there is no one behind the mirror.

d.” . and ) cardio activity (relative blood volume and heart rate). ) abdominal breathing. and the video tapes are also forwarded to the background investigator. Secret Service probable-lie pre-employment polygraph “tests” as well as the Department of Defense directed-lie polygraph screening “test” include two distinct series of questions. All actions are monitored by an administrator at the time of the interview. the FBI and U. you may be asked more than one series of questions. b) writes: At one location the [police] department video tapes all polygraph interviews. One polygrapher (Anonymous. the tracings on the chart represent ) thoracic breathing. The tests are given on location at the department. The vertical lines on the graph paper are spaced half an inch apart and represent five seconds in time. the lie behind the lie detector probably is.) The pairs of short vertical lines hand drawn at the bottom of the chart (which resemble the Arabic numeral “”) represent the beginning and ending of the asking of a question. Chart Scoring The illustration on p. he places the first vertical stroke at the bottom of the chart. he places the second vertical stroke.) Alternatively. Depending on the number of issues being investigated. A tiny camera is hidden in a speaker hole of a radio sitting on a desk. n. (Charts are rolled at the rate of six inches per minute.S. For example.  shows a portion of a typical polygraph chart recording. From top to bottom. When the polygrapher begins asking a question. When he is finished asking the question. ) electrodermal activity (galvanic skin response). A minus sign (-) indicates that the subject answered the question “no” and a plus sign (+) indicates that the subject replied “yes. the room may contain a hidden video camera.

.polygraphy exposed  Portion of a polygraph chart. recorded on an analog (non-computerized) polygraph instrument.

The four reactions marked with a question mark were being considered for elimination in mid-. 4. 2. 5. 5. 9. 3. Complex response 3. Baseline increase and decrease Baseline increase Amplitude increase Amplitude decrease Amplitude decrease 1. Temporary change in baseline (? decrease in baseline was being considered for removal) Electrodermal reactions 1. 8. . At the time of writing (March ) it is not known whether they are still in use: Respiratory reactions Apnea (blocking) Decrease in rate Respiration inhalation/exhalation ratio change Decrease in amplitude Progressive decrease in amplitude Increase in rate (?) Increase in amplitude (?) Progressive increase in amplitude and return to homeostasis Progressive increase in amplitude followed by a decrease in amplitude (?) 10. 3. the Department of Defense Polygraph Institute recognized a total of  scorable reactions (down from  a few years earlier). Amplitude change 2. Response duration and return Cardio Reactions 1. 7. the lie behind the lie detector Polygraph charts are scored by comparing reactions to relevant questions to reactions to control questions. 2. 6. 4. As of mid-.

In this system of numerical scoring. then a value of “3” is assigned. and the spot scores from each chart are added together to yield a spot total for each spot. reactions to each relevant question are compared with reactions to an adjacent “control” question. a value of “1” is assigned. Rate decrease  These reactions are illustrated in the DoDPI document “Test Data Analysis” which is available on the AntiPolygraph. The sum of all spot totals yields the grand total. then the combined score is 0. A relevant/“control” pair is known as a “spot. If both upper and lower pneumograph tracings are scored as +1.org website. And if both reactions are equal. For example. This document also describes the DoDPI seven-position scoring scale. the subject sneezed. took a deep breath. Reactions that can be attributed to some cause other than the asking of a question (for example.polygraphy exposed 6. Rate increase 7. and when the reaction to a relevant question is greater. Scores for reactions to the two pneumograph tracings are combined by taking the average. then a value of “0” is assigned. Each spot receives a score. The combined pneumograph score is then added to the values assigned to the electrodermal and cardiovascular tracings to yield a spot score. a positive (+) value is assigned to the numerical score. If the reaction to one question is dramatically greater. then the combined score would remain +1.  . or moved) are termed “artifacts” and are not scored. When the reaction to a “control” question is greater.” When a reaction to one question is subtly greater than the corresponding reaction to the other question in the spot. then a value of “2” is assigned. if the upper tracing (thoracic breathing) is scored as +1 and the lower tracing (abdominal breathing) is scored as -1. a negative (-) value is assigned. If the reaction to one question is obviously greater. coughed.

If the examiner is just bluffing. Vol. . Your situation will only get worse if we don’t get this cleared up.  ().  . your polygrapher may try the following approaches (Janniro. but typically. But then. • The only thing that will help you now is to be completely truthful. he or she will confront you with the polygraph charts and seek to obtain a confession from you. it is advantageous to have a positive score for each spot total. Polygraph. When a person hides something or lies they usually regret it later on when the truth comes out… like it will in this situation. see the American Polygraph Association (APA) quarterly publication. The “Post-Test” Interrogation If the polygrapher suspects you of deception (and sometimes not). In addition. • We’ve all been in situations when we withheld something or told a lie about something that didn’t seem too bad. the examiner’s doubts notwithstanding. But in general. see Jimmy Swinford’s article. In trying to obtain an admission. for discussion of the notations used on polygraph charts. your truthful denials will be adequate.  (). no explanation short of a confession or damaging admission is likely to suffice. Vol. ): • They didn’t bring me here to ignore my report. or “inconclusive” (INC). Interrogation techniques vary. the polygrapher will ask you to explain why you reacted strongly to a particular question. . “no deception indicated” (NDI). the better. No. If you have truly responded strongly to a relevant question. This special issue is devoted to chart interpretation. the lie behind the lie detector Different formats have different cutoff scores for determinations of “deception indicated” (DI). The test confirms that you haven’t been completely truthful. and the higher the grand total. For further reading. No. “Tech Talk: Polygraph Chart Markings” in the APA Newsletter. It is beyond the purview of this book to provide a detailed tutorial on polygraph chart scoring.

former head of the NSA polygraph program and past president of the American Polygraph Association. The late Raymond J. A lie is like a cancer inside of you that eats away at you and never goes away until it is taken out. and says sadly. Weir. and I don’t know you well enough to tell. which is available on AntiPolygraph. In fact it is really an insult to my intelligence for you to tell me that you have been completely truthful here today.polygraphy exposed  • • • • we had to tell another lie and another lie and another until the whole story fell apart. It is no longer an issue as to whether you did this or not. You and I both know that you haven’t been truthful now. The examples above are from the DoDPI “Interview and Interrogation” handbook. I could respect you more if you just told me that you don’t know how to deal with this… that you don’t want to confess. These charts are like a picture of truth or deception and we can’t change them no matter what we say. You do sound sincere to me. But how can I believe you. I could never persuade you that it was someone else. –) . Mr. looks at the subject. ): We have a standard interrogation procedure where the examiner looks at the charts. Jones. The only things left to discuss are why and how you got involved in this matter. But you can’t lie to yourself—and that’s what I’m getting on these charts. I promised that I would be honest with you here today [!] and you promised me the same thing. Then the body can get well.org and will make interesting reading for anyone facing polygraphic interrogation. when you don’t believe yourself? You can lie to me. “I’d like to believe you.” (pp. If you were to show me a picture of someone close to you.. shakes his head. Jr. has described a favorite NSA “post-test” interrogation approach (Weir.

(p. An examiner may interpret a reaction to be a lie. Weir writes: I have…heard experienced examiners get mousetrapped into a discussion as to whether there is some mysterious difference between the reactions created by lies and those from strong emotions. All I know is that I know of no way to make this distinction. And they do so very well. Because of their experience in talking with people and their success in obtaining confessions. Some examiners are simply better at this than others. “That is a lie. offers a particularly outrageous ploy in describing what he terms the “unexpected” or “shock” approach (Harrelson. removing the attachments from the subject and requesting that he get down on his knees to join you in praying for his soul and courage to tell the truth. but in actual practice. if used with sincerity and conviction. but no one can say that it is a lie. (p. Harrelson. This approach. president of the Keeler Polygraph Institute in Chicago since . In the above-cited article. Indeed. They measure and record physiological reactions. the lie behind the lie detector Veteran polygrapher Leonard H.” It may be a reaction. and making a judgment about the person’s truthfulness. the examiner is also observing the subject. if a person is reacting. ) And in his previously-cited book. can carry a tremendous psychological impact on certain subject types. it is the examiner’s job to determine why and to obtain a confession if . such as fear or anger. listening to verbal explanations. merely from chart patterns. Harrelson concedes: Polygrams [polygraph charts] are polygrams. but one cannot look at a polygram and say. ): …the imagination and the role-playing ability of the examiner is given free reign. This approach would include such tactics as suddenly shutting off the instrument in the middle of a test. polygraph examiners may come to feel confident about making a determination of truth or deception based on their charts. ) It should be noted that both Weir and Harrelson openly admit that truth versus deception cannot be determined from the analysis of polygraph charts.

(p. U. )  Accusations of Deception to “Control” Questions In some cases. Examinees who answer the probable-lie “control” questions dishonestly may be surprised to later learn that they passed.polygraphy exposed they believe that deception is the cause of the reactions.pdf . This would actually have the expected effect of “helping” the subject to pass. One purpose for doing this is to “sensitize” the examinee to them in an attempt to keep him/her reacting to them during successive question series.org/documents/dodpi-lepet. Secret Service. But such accusations also serve a secondary purpose.” AntiPolygraph.S. polygrams are still just polygrams. You may download it here: http://antipolygraph. which explains how to perform the entire “monkey drill” by the numbers. But without a confession. This could pose a problem for agencies that subject their employees to repeated polygraph screenings. such persons may be led to believe that there really is something to polygraph “testing. and Drug Enforcement Agency use a pre-employment polygraph technique called the “Law Enforcement Pre-Employment Test” (LEPET). a polygrapher may accuse an examinee of deception with regard to one or more of the probable-lie “control” questions.org has obtained DoDPI’s examiner’s guide. which is a probable-lie “control” question “test.” Note to Federal Law Enforcement Applicants Federal law enforcement agencies such as the FBI. They may come to believe that they got away with lying on their polygraph examinations and lose their fear of the polygraph. By accusing an examinee of “having trouble” with regard to the “control” questions.

 mb PDF file at: http://antipolygraph. which is based on sounder theoretical principles than the “Control” Question “Test. then a polygrapher The first edition of A Tremor in the Blood included a highly instructive and entertaining chapter on the GKT titled. long rifle round? d) a - round? e) a mm semi-jacketed hollow point round? It is expected that the guilty subject will physiologically respond when asked about the ammunition he used in the assassination. the lie behind the lie detector Other Polygraph Formats While we have discussed the “Control” Question “Test” in both its probable.and directed-lie versions.pdf  .org/articles/article-037. a suspect could be asked: if you were the trigger man. you should know what kind of ammunition was used. “The Body on the Stairs: A Pedagogical Detective Story. Searching Peak of Tension (SPOT) “Test” When certain information would be known only to a guilty subject but not to an innocent subject or the polygrapher. but it may be downloaded as a . Was it: a) a NATO-standard . Professor Lykken describes the Guilty Knowledge Test. x mm round? c) a . For example.” in chapters  and  of A Tremor in the Blood.mm round? b) a .” This chapter is unfortunately not included in the second edition. we should also mention some less common polygraph formats. Peak of Tension (POT) or Guilty Knowledge Test This kind of polygraph examination depends on the polygrapher having knowledge of details of a crime that a suspect should also know only if he is guilty. in the case of an assassination.

g. and significant” reactions to a particular relevant question. (Weir.polygraphy exposed  might resort to a Searching Peak of Tension “test.”) For example. (Polygraphers have a mnemonic expression for such reactions: “con-spec-nificant. “Are the lights on in this room?”). If one question elicited a noticeably stronger response. As with the “Control” Question “Test. and a post-test interrogation will follow. “Did you ever use an illegal drug?”) interspersed with irrelevant questions (e.. (Weir. the polygrapher asks the subject a series of relevant questions (e. the polygrapher may add a probable-lie “control” question to the end of the series to satisfy himself that the subject is “capable” of reacting. The polygrapher asks the questions multiple times in different order over multiple polygraph charts and may phrase them differently. “Did you ever use an illegal drug?” no matter what the order of the questions or how this question is phrased.” A government employee suspected of espionage might be asked: Did you commit an act of espionage for Russia? Did you commit an act of espionage for China? Did you commit an act of espionage for Israel? Did you commit an act of espionage for France? Did you commit an act of espionage for North Korea? If your responses among the questions are relatively equal.. ) Another sort of “control” question that may be used is . the examiner will probably regard you as truthful.g. Instead. Relevant/Irrelevant “Test” In this polygraph technique.” the irrelevant questions are not scored. specific. ) If a subject shows no reaction to any question in a series. the examiner will suspect that you lied when answering that question. deception will be inferred. if a subject consistently shows strong physiological reactions when asked. the polygrapher examines the polygraph charts looking for “consistent.

Lykken devotes Chapter  of A Tremor in the Blood: Uses and Abuses of the Lie Detector to the R/I technique. “The test is about to begin” and end it by stating. “The test is now over. Professor David T. the lie behind the lie detector for the polygrapher to begin the question series by announcing. does anything disturb you about the following things?: Marijuana? Cocaine? Heroin? LSD? Methamphetamine?” Again. If the subject shows a “con-spec-nificant” reaction to any one particular item in the list. then the polygrapher infers that this is an area of concern to the subject and follows up with an interrogation along those lines. For example.” it is also thoroughly discredited. the second of which is. Like the “Control” Question “Test. the subject who shows a “conspec-nificant” reaction to the question. “wildly implausible”: . the question order is mixed and repeated. and there is absolutely no peer-reviewed research supporting its validity. as he terms it. ) Apart from examination of the polygraph charts. (Weir. (Harrelson) In addition. a “breakdown test” (a type of peak of tension test) may follow if a subject shows a “con-spec-nificant” reaction to a relevant question. the polygrapher may also use his subjective impressions in making a determination of truth or deception. The R/I “test” is one of the oldest polygraph techniques.” The mere announcement of the beginning or end of the “test” is expected to produce a physiological response to which responses to the relevant questions may be compared. He notes two assumptions on which the R/I “test” depends. “Did you ever use an illegal drug?” may be asked questions like the following in a “breakdown test”: “In connection with the question on illegal drugs.

 It is appropriate to cite here in full Professor Lykken’s discussion of the validity of this technique: Validity of the R/I Test So much for theory and common sense. Bitterman and Marcuse retested these 7 and finally concluded that all of them were innocent (M. what is the evidence? It is astonishing to discover that. ..E. the persons who scored the charts were aware that not more than one person could reasonably be guilty and therefore the scorers could have achieved very high “accuracy” just by calling everyone truthful. –. Larson. American Journal of Psychology. Marcuse. Cardiovascular responses of innocent persons in criminal investigations. Only  of the  suspects had actually lied and yet the Endnote in original: “J. An innocent subject who is answering truthfully will not be disturbed by the relevant questions and will show no more reaction to them than to the irrelevant questions. Thus. Journal of the Michigan State Medical Society.L. ASSUMPTION 2. Bitterman and Marcuse tested  residents of a college dormitory where  had been stolen from a student’s room. The lie detector polygraph: Its history and development. –. . Finding that  of  students “failed” the R/I test the first time around. In every instance except for the cited study by Larson. Bitterman and F. A guilty subject whose relevant answers are lies will be more aroused by the relevant than by the irrelevant questions and this difference will be revealed by his responses on the polygraph. The utility of control questions and the effects of two control question types in field polygraph techniques. –). . . A number of studies have been reported in which a large group of suspects were tested by the R/I method in relation to the same crime. Larson asked nine judges to read the charts obtained from  suspects. . . The only useful evidence of lie test accuracy is obtained when the chart evaluator reads each chart independently with no outside reason for expecting either a truthful or a deceptive answer. Journal of Police Science and Administration.”   . in . in  years of use prior to . the only published studies assessing R/I test accuracy using “blind” evaluations of charts obtained from criminal suspects were one described by Larson in  and another by Horvath. Horvath.A.” Endnote in original: “F.polygraphy exposed ASSUMPTION 1.

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the lie behind the lie detector
number scored as deceptive by the nine judges ranged from  to . This amount of disagreement among the nine judges indicates poor reliability. The average judge scored about one-third of the innocent suspects as deceptive, which means that two-thirds of these innocents failed to give large reactions to the relevant questions and were scored as truthful, just as Assumption  demands. One might have thought that Assumption  would nearly always be wrong and that most subjects would fail the R/I test whether innocent or guilty. That is in fact what Horvath reported; all of his innocent suspects were erroneously classified as deceptive by the R/I test, whereas Larson’s earlier study reported only % false positives. We should not put too much faith in the exact percentage of errors found but we can say that, just as common sense would predict, a high proportion of innocent subjects will “fail” the R/I test. Quite recently the Raskin group of lie detector advocates published the results of a mock crime laboratory study in which the R/I method classified all  of the “guilty” suspects as deceptive but at the expense of identifying only  of the  “innocent” subjects as truthful.

Although the R/I “test” has largely been supplanted by the “Control” Questions “Test,” the Department of Defense Polygraph Institute still teaches it, and the U.S. Government is still actively relying on this most dubious of polygraph techniques for national security purposes. The R/I “test” has been the NSA’s standby technique for polygraph screening since the . And in October , DoDPI taught a two-week course on the R/I screening “test” in Chantilly, Virginia, home to the National Reconnaissance Office.

Endnote in original: “S.W. Horowitz, J.C. Kircher, C.R. Honts, and D.C. Raskin, The role of comparison questions in physiological detection of deception, Psychophysiology, , , –..”



chapter four

Polygraph Countermeasures
Tis No Deceit to Deceive the Deceiver —title of a play by Henry Chettle,  Dr. Gordon H. Barland, who worked as a DoDPI researcher for more than a decade before his recent retirement, has defined countermeasures as “deliberate techniques that deceptive subjects use in an attempt to appear non-deceptive when physiological responses are being monitored during a PDD [psychophysiological detection of deception] examination.”  We will adopt a broader definition than Dr. Barland, and define polygraph countermeasures as simply “deliberate techniques that may be used to ‘pass’ a polygraph interrogation.” While deceptive persons may choose to employ countermeasures in order to appear non-deceptive, truthful persons may also choose to use them to protect themselves against a false positive outcome. In this chapter, we will discuss three basic methods for protecting yourself against a false positive outcome: 1. refusal to submit to polygraph interrogation; 2. complete honesty; 3. polygraph countermeasures.

Just Say No
The surest approach to avoid a false positive outcome is to refuse to submit to polygraph interrogation. However, this approach may have serious adverse consequences. If you refuse to submit to a

Barland, Gordon H. Unpublished manuscript. Department of Defense Polygraph Institute, . Cited in London & Krapohl, .

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the lie behind the lie detector

polygraph screening interrogation, you may be denied employment, and if already employed, you may lose your job.

A Special Note to FBI Applicants
Those considering employment in the Federal Bureau of Investigation should seriously consider refusing to submit to the polygraph and withdrawing from the application process. Since the events of  September , the polygraph failure rate among special agent applicants has risen to about % (Mondics ; Geracimos ). The consequences of failing an FBI pre-employment polygraph examination are more serious than with other agencies: • You will be disqualified from FBI employment for life; • Your polygraph failure will be recorded in your permanent FBI HQ file; • You may be blacklisted from employment with other federal law enforcement agencies, and may have difficulty finding employment with local agencies as well; • You will have difficulty ever obtaining a job that requires a security clearance. When background investigators do a National Agency Check, they will learn that you have an FBI HQ file; upon obtaining your file, they will see that you failed the polygraph. No security clearance adjudicator is eager to put his or her neck on the line by granting a clearance to someone who “failed” a polygraph “test.” You may wish to carefully consider whether the FBI polygraph is a risk worth taking.

If You Are Suspected of a Crime
If you have been asked to submit to a polygraph examination in connection with a criminal investigation, “just say no!” You should not submit to any polygraph “test.” (In most cases, the fact that you refused to submit to a polygraph “test” will not be admissible

polygraph countermeasures

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as evidence in court.) Instead, you should get a lawyer. If for some reason your lawyer advises you to submit to a police polygraph interrogation, ask him to read this book. Just like a majority of the public at large, many lawyers are simply ignorant of the true nature of the polygraph process. If, after reading this book, your lawyer still advises you to submit to a polygraph “test,” you should probably fire your lawyer. You have little to gain by submitting to a polygraph interrogation and much to lose: if you “pass,” the police may well continue to suspect you regardless; if you “fail,” it will only confirm their suspicions, and news of your “failure” may well be leaked to the local media to smear you. As John A. Larson, a pioneer of polygraphic lie detection lamented:
I originally hoped that instrumental lie detection would become a legitimate part of professional police science. It is little more than a racket. The lie detector, as used in many places, is nothing more than a psychological third-degree aimed at extorting confessions as the old physical beatings were. At times I’m sorry I ever had any part in its development.

Top-flight defense attorneys never let their clients submit to a polygraph “test” conducted by the police or any other authority. In the few cases where clients are polygraphed (most notably high profile cases where the client is being tried in the media), the attorney makes arrangements to hire a private polygrapher. The “test” is conducted in private, and the results, which are protected by attorney-client privilege, are released only if the client “passes.” This was the protocol used by the attorneys for O.J. Simpson, John and Patsy Ramsey, and Gary Condit. The Ramseys and Condit “passed,” and their results were therefore made public. Mr. Simpson apparently fared worse, and his results were never made public. (After word got out that Mr. Simpson had been polygraphed by a
Cited in J.H. Skolnick, “Scientific Theory and Scientific Evidence: An Analysis of Lie Detection,” The Yale Law Journal, Vol.  ⁽⁾, pp. , . Cited in Lykken () at pp. ‒.


” relevant.or directed-lie. you may additionally use the “complete honesty” approach described below. the official explanation was that he was hooked up to the polygraph to see how it works. Refuse to submit to any “post-test” interrogation. 2.) In refusing to submit to polygraphic interrogation. but that no actual “test” was conducted. and irrelevant questions and that you have studied and know how to employ polygraph countermeasures. some reasonable safeguards you may wish to adopt include: 1. Give him a printout of this book to prove it in a way that he will not be able to later deny. Tell him that you know the lie behind the lie detector. Complete Honesty A second approach is to be completely honest with your polygrapher. Refuse to sign any agreement stipulating that the polygraph results will be admissible as evidence in court. and request that your polygraph “testing” be waived. Insist that the entire polygraph examination be video recorded (or at a minimum audio recorded) and that a copy of the recording be made available to you immediately upon completion of the polygraph session. 4. 3. the lie behind the lie detector private examiner. for some reason. you still feel compelled to submit to a polygraph interrogation. One of the authors of this book knows of a Department of Defense employee whose polygraph screening was waived when he explained . Explain that you understand the difference between “control. If. Explain to him that you are not a suitable candidate for polygraphic interrogation. Tell him that you understand the trickery behind “control” question “tests”—whether probable. Insist that your lawyer be present with you during the entire polygraph examination. Explain to him that you understand that the true purpose of the “stim test” is to dupe you into believing in the validity of polygraphic lie detection.

polygraph countermeasures

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to his polygrapher that he understood how polygraph “tests” work and that he had received training in how to defeat them. But beware! While the Wizard of Oz may have meekly admitted to being a humbug once the curtain was drawn aside and his humbuggery laid bare, your polygrapher might not be so accommodating. One graduate of DoDPI has cautioned that if a subject were to follow this “complete honesty” approach, the polygrapher would probably go ahead with the polygraph interrogation anyhow and arbitrarily accuse the subject of having employed countermeasures. Maureen Lenihan is a case in point. She worked as a research assistant with the federal Commission on Protecting and Reducing Government Secrecy, also known as the “Moynihan Commission.” She later applied for employment with the CIA. She explained to her CIA polygrapher that she had researched polygraphy while working with the Commission. The polygrapher proceeded with the interrogation anyhow, and later accused her of having employed countermeasures. (Weiner, ) When one of the authors of this book specifically asked then president of the American Polygraph Association, Mr. Milton O. “Skip” Webb, Jr., how an APA member should proceed if a subject were to reveal that he/she has read The Lie Behind the Lie Detector and understands the psychological manipulations involved in both the “stim test” and the “control” questions, Mr. Webb declined to provide an explanation.



The Commission’s report is available on-line at:

http://www.fas.org/sgp/library/moynihan/index.html

See George W. Maschke’s e-mail exchange with Mr. Webb, which is available on-line at:
http://antipolygraph.org/read.shtml#informed-subjects



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the lie behind the lie detector

In a discussion on the AntiPolygraph.org message board, the same coauthor asked Dr. Barland:
What would you say to the earnest employee or applicant for employment who wants a straightforward answer to this simple question: what will the polygrapher do if I admit to him/her that I understand “the lie behind the lie detector?”

In reply, Dr. Barland stated that he “would have no qualms about conducting an examination,” adding that his personal outlook is, “when in doubt, give it a try and see what happens.” He indicated that in such a situation, it would make good sense to switch to a technique such as the Relevant/Irrelevant “test,” which he believes is less susceptible to countermeasures. But when asked on what scientific basis he expected to be able to distinguish truth from deception using this thoroughly discredited technique, Dr. Barland declined to answer. We believe that the ethically preferable choice for those facing polygraphic interrogation is to either refuse to submit or to use the “complete honesty” approach (or both). If everyone who reads this book were to do so, it would force the agencies that are using polygraphy against their employees and prospective employees—as well as the elected representatives who have sanctioned it—to confront the plain truth that the lie behind the lie detector has been exposed. It would quickly spell the end for polygraphy. But we are also aware that these two choices carry with them a high “first-mover disadvantage” and may entail serious adverse consequences for those with the moral courage to adopt them. We believe that it is not unethical for truthful persons—faced with a government that routinely lies to and deceives its employees and prospective employees through the polygraph screening process—to employ polygraph countermeasures to protect themselves against a false positive outcome.


See the message thread, “Countermeasure considerations for the innocent”

polygraph countermeasures

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Polygraph Countermeasures: How to Pass a Polygraph “Test”
(First, if you haven’t read Chapter , go back to page  and read it carefully.) The key to “passing” a polygraph “test”—that is, to producing a “truthful” chart—is to produce stronger physiological responses when answering the “control” questions than when answering the relevant questions. We Americans have a thriving folklore about how to beat a polygraph “test.” You may have heard that you can pass by taking drugs such as meprobamate, by rubbing antiperspirant on your fingertips, or through meditation or hypnosis, or by wiggling your toes, or flexing your arms, or coughing. Forget these. They are prescriptions for failure. Perhaps the most widely-known countermeasure is the old tackin-the-shoe. While this countermeasure (if properly applied) can be effective, polygraphers have developed counter-countermeasures for it (the simplest being to simply make the subject remove his shoes). Read on to learn how to pass your polygraph interrogation.

Two Types of Countermeasures
There are two basic types of polygraph countermeasures: behavioral and chart-recording manipulation. Behavioral countermeasures are those things that you can do to appear honest and truthful to your polygrapher, while chart-recording manipulations are those countermeasures that will actually affect the physiological responses measured by the polygraph instrument. We will discuss both types, beginning with behavioral countermeasures.

on the Polygraph Procedure forum of the AntiPolygraph.org message board.

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the lie behind the lie detector

Make No Admissions
Rule number one is to make no admissions! While the lie detector cannot detect lies (it only records physiological responses), any admissions you make will be duly noted by your polygrapher. Admissions that may seem minor to you can be spun out of all proportion by your polygrapher. He sees admissions as trophies. Don’t give him any. The only exceptions to this rule are that, during the “pre-test” interview, you may make minor admissions regarding the “control” questions only, such as stealing candy when you were a child, or lying to your parents, or taking pens home from work. But go no further. In addition, if you are submitting to a directed-lie “Control” Question “Test” such as the TES format used by the Departments of Defense and Energy, you should not stubbornly deny having ever committed one of the common human failings used in the directedlie “control” questions such as violating a traffic law, or having told a lie, even once in your life, etc. (See p.  for a list of common directed-lie “control” questions.)

…And Sign No Statements
A common tactic used by polygraphers is to request the subject to write out and sign a statement listing the admissions they have supposedly made. It may not be in your interest to sign any such statement. Suppose, for example, you admit during your “pre-test” interview, or in the pre-polygraph questionnaire that some law enforcement agencies require applicants to fill out, that you smoked marijuana three times while you were in high school. Your polygrapher asks, “Can you really be sure that it was only three times? Any doubt in your mind will show up on the polygraph. Would it be fair to say that you used marijuana less than ten times? Yes? Then very well, why don’t you write that down here and sign.”

Some will be friendly. Some will regard you as a criminal suspect. Some security officials are fond of the quip. Be on your guard at all times. Polygraph “Tests” are Interrogations Your polygraph “test” is actually an interrogation. Your polygrapher may very well be polite. others confrontational. Air Force Office of Special Investigations Polygraph Unit “challenge” coin you. but he is also a trained interrogator who understands that he may at first catch more flies with honey than with vinegar. He is not your In God We Trust—All Others We Polygraph friend.” Don’t you make the mistake of trusting your polygrapher. Other polygraphers will have decided to fail you before the polygraph interrogation even begins. you must never forget that your polygraph “test” is actually an interrogation. He is not there to “help” U. Polygraph schools devote a substantial portion of their curricula to teaching students tech- . “In God we trust—all others we polygraph. pleasantmannered. Even if you have not been accused of anything specific but instead face polygraph screening. and congenial. while others will expect you to pass (especially when large numbers of employees are screened). you’ve just given your polygrapher a signed “confession” that he can use to portray you as having been dishonest when you claimed to have used marijuana only three times. Recognizing Common Interrogation Tactics Your polygrapher is a trained interrogator.polygraph countermeasures  When you sign that statement saying that you used marijuana “less than ten times” instead of the three times that you said earlier.S.

Don’t fall for it.) When employing this approach. You may even become friends with him if you are eventually hired. One of the gravest mistakes one can possibly make is to believe that your polygrapher is the one exception and that he is there not to interrogate. Perhaps the most common (and most effective) interrogation technique employed by polygraph examiners involves projecting a false sense of empathy for you and your situation. Nonetheless. and his job is to get you to make disqualifying admissions. this does not change the fact that he is an interrogator. at p. the examiner is likely to downplay the seriousness of the behavior you are being asked about or accused of. reports that CIA polygraphers are evaluated precisely on the basis of admissions obtained (Sullivan. And John F. In some agencies. This is almost always the case when the polygrapher is a law enforcement officer. but rather to help you along in the application process. the lie behind the lie detector niques for duping examinees into making damaging admissions. And many polygraph examiners are already experienced criminal investigators well before they are sent to polygraph school. polygraph examiners may be evaluated based on the number of admissions or confessions they receive (which gives them a strong incentive to get some kind of statement from you that can be characterized as such). who retired from the CIA in  after a -year career in the Agency’s polygraph division. This was once—and may still be—the case with FBI polygraphers. Sullivan. (He isn’t. ): …Our performance is evaluated on the number of admissions we obtain and the amount of information developed from those we test. The polygrapher may indeed be a “nice” guy.” He may even claim that he engaged in the very same activity that he is asking you about or accusing you of and was still hired. . . the examiner may tell you that his agency is “not looking for Boy Scouts. The examiner’s goal when using this approach is to get you to believe that he is there to help you. For example.

 mb PDF file at: http://antipolygraph.org/documents/dodpi-interrogation. Keep your cool and deny the polygrapher’s allegations in a forceful but respectful manner. the polygrapher’s goal is to play upon your pride. He may then accuse you of being deceptive in a hostile and aggressive manner. Another common interrogation technique is known as the “egotistical approach. He may bring up your academic achievements. Secret Service polygraphers.” Here. He may instruct you to move your chair so that your back is to the corner. Commonly known as the “good cop/bad cop” routine. -) To get a good sense of the “themes” that may be spun by polygraphers in an attempt obtain admissions. Your goal during any interrogation is to avoid making damaging admissions or statements that may lead the polygrapher on to unwelcome lines of questioning. see pages – of the DoDPI “Interview and Interrogation” handbook. or other attributes that make you an attractive candidate for the position. he is likely to return to the empathy approach.polygraph countermeasures  During the “post-test” phase. (Janniro. After doing this. The goal here is to make you feel that you are no ordinary applicant and that the agency will bend over backward to hire you. pp. the polygrapher may alternatively take an adversarial approach.  This document may be downloaded as a . He may invade your personal space and posture himself in a threatening manner. language skills. in the context of a polygraph interrogation. which is available for download on AntiPolygraph. The aggressive and empathetic approaches are often combined by the polygrapher/interrogator. This is a favorite tactic of U.org.pdf . downplaying the seriousness of the behavior in question and asking you to admit to it so he can “go to bat” for you against the supervisors at headquarters. . the polygrapher/interrogator adopts one approach and immediately makes a -degree turn toward the other.S.

Secret Service.S. He will size you up based not only on what you say. dress professionally.” Arrive Early to Avoid Being Late The last thing you want to do is to arrive late for your polygraph interrogation. Make sure to get a good breakfast. Secret Service Applicants If you are seeking employment with the U. but don’t stare. This seems to be a deliberate psychological tactic designed to wear down applicants. but also on your appearance . Your polygrapher may interpret avoidance of eye contact as a sign of deception. Be friendly. wear make-up. Answer questions directly—with confidence and without hesitation—but be natural. but not too much. Make sure you have a conservative haircut. Don’t mumble. Keep good eye contact with your polygrapher.S. A Warning to U. You don’t want to appear like Data in “Star Trek: The Next Generation. polish your shoes. your pre-employment polygraph “test” will probably begin in the morning and continue into the afternoon with no break for lunch. your polygrapher will be observing you. Smile. Your polygrapher may interpret your late arrival as a subconscious attempt to avoid the polygraph—heightening his suspicion of you even before he asks his first question. If you’re a woman. Remember. the lie behind the lie detector Make a Good First Impression Your polygrapher’s subjective opinion of you may influence the outcome of your polygraph interrogation. Look your best. You Are Being Watched Be aware that from the moment you arrive for your polygraph interrogation. If the drive to the polygraph site will be in rush hour traffic or take more than an hour. you might want to get a hotel room near the “test” site the night before.

because it. you may wish to bring a briefcase with paperwork. or a bestselling novel or professional book. ) As an alternative to bringing something to read. your choice of reading material is important. The key point remains not to be seen nervously fidgeting while you are waiting. The “Pre-Test” Interview Be polite and cordial. Any minor admissions you make regarding the relevant questions may be spun out of all proportion by your polygrapher. Answer your polygrapher’s questions directly. you don’t want to be seen fidgeting in the waiting room. National Geographic. You might consider bringing something to read or otherwise keep yourself productively occupied while waiting. may be equipped with a two-way mirror or a concealed video camera. a publication like Newsweek. you might not want to bring one of the publications listed above—polygraphers who read this book might now become suspicious if you do. a notebook computer. (Clifton. Don’t bring a trashy dime novel or tabloid newspaper. You want something that will subtly make a favorable impression on your polygrapher. don’t bring anything remotely related to polygraphy! In addition. If you choose to bring something to read. too. will make a subtle impression on your polygrapher. which. When you arrive early. or PDA to work on while you wait. but remember to make no damaging admissions! In response to the “control” questions. you may admit to some minor childhood misdeeds. .polygraph countermeasures  and demeanor. A third alternative is to bring nothing at all and calmly wait: some polygraphers who read this book may come to view a subject’s bringing reading material or work with him to be a telltale for countermeasure use. like the interrogation room itself. you should make no admissions whatsoever. And by all means. Just make sure it’s something highbrow. But in response to the relevant questions. or The Wall Street Journal. Bring something like a professional journal.

and talkative. Innocent subjects may refer to their nervousness... and that they will be exonerated. light-hearted. “Did you steal the ?”: . This attitude is one of genuine confidence in both the machine and the examiner. innocent subjects are usually very glad to be given an opportunity to prove their innocence. the lie behind the lie detector Keep your answers short.. your polygrapher may interpret this as a sign of anxiety—and hence deception. Reid () goes on to describe how a truthful polygraph subject would hypothetically answer “No” in response to the question. the following behavioral traits are typical of truthful subjects: Because everyone given a lie-detector examination is suspected of some wrongdoing. Because of this confidence they regard the examination as an experience they will want to relate to their family and friends. he may use superfluous information you provide to fabricate an admission. Reid and Richard O.” Avoid replies such as “yes. This belief that the innocent have in the accuracy of the lie-detector. they are usually convinced and make no further reference to it. but after the assurance of the examiner that nervousness makes no difference. ). John E. Innocent subjects are often at ease. they are very sincere and their straight-forwardness is displayed when they discuss the case during the interview. innocent subjects are not overly polite or solicitous. is usually shown by their attitude.” Such evasive answers will make you appear deceptive to your polygrapher. Moreover. basically” or “not really. If you are overly talkative and ingratiating. Answer any yes/no questions with a simple “yes” or “no. Their attitude is later manifested by their giving complete cooperation during the test. Don’t be chatty or palsy-walsy with your polygrapher. In a separate article. Often they have requested it so that no suspicion will be directed towards them.However. Arther (Reid & Arther. However. while being cooperative and sincere. How Polygraphers May Expect Truthful Subjects to Behave According to two luminaries of the polygraph field.

having a bitter attitude. hoping the examiner will dismiss them as innocent because of their alleged righteousness. The subject who says “NO” in a challenging way. First. The subject who says “NO” indicating you must be kidding is telling the truth and. they hope that the examiner will turn off the instrument.g. like “I should say not” is telling the truth. The subject who says “NO” in a very final way is telling the truth. Also. they frequently feel it necessary to assure the examiner that they are very religious.polygraph countermeasures The subject who answers “NO” and is direct and unequivocal almost angry and very crisp is telling the truth. being evasive. refusing to look the examiner in the eye. remove the apparatus. This nervousness is manifested in a variety of ways. apologize for the pain that was caused. and moving about. Guilty subjects sometimes claim that the apparatus is causing them physical pain.  How Polygraphers May Expect Deceptive Subjects to Behave Reid and Arther () hold that guilty subjects will often try to postpone their polygraph examinations and tend to be late for their appointments or fail to appear at all. they complain of being nervous. Sometimes he is too friendly or too polite. Hence. experiencing mental blocks. acting aggressive. and if that does not seem to impress the examiner.. Second. Guilty subjects repeatedly feel it necessary to explain before the examination why their responses might mislead the examiner into believing that they are lying. e. they further emphasize their “nervous condition” or mention a physical defect which they may or may not actually have. They do this for at least one of several reasons. continually sighing or yawning. having an extremely dry mouth. its [sic] provides . They further opine: Once in the examining room the guilty person often looks very worried and is highly nervous. appearing to be in a shocked condition. and report to the investigators that this subject cannot be examined because of his great pain sensitivity. The subject who says “NO” indicating disbelief is telling the truth.

Actually the delay is caused by the debate in his mind. Third. the lie behind the lie detector them with an excuse for not sitting still and thereby preventing the examiner form obtaining a suitable recording. sort of false deliberation is lying. . when interpreting the record. I better say NO.studies. “NO” . Regarding how a deceptive subject would hypothetically answer “No. or refuse to continue with the examination.shakes his head NO and tried to place more emphasis on NO to be more convincing. trying?] to hide. When leaving they often quickly shake the examiner’s hand and hurry out of the laboratory.apologizes in saying "NO" is lying. will wrongly decide that their guilty responses are pain and report them innocent..answers late is lying.questions.crosses his legs and shifts in the chair is lying. or sideways is lying. seek a speedy release by alleging that they have another appointment.” “NO” . down and up. they inquire after the first test as to how they came out. they usually want to leave the examining room as soon as possible.looks in a different direction. complain that the examination is taking much too long.closes his eyes is actually seeking to escape and is lying [sic.hesitates and appears to be thinking is actually hiding behind an alleged seriousness is lying. Therefore. “Shall I say YES. “Did you steal the ?” Reid () writes: The subject [who] says: “NO” . . A breathless sort of way is lying but is offering a “NO” as “try that on for size” is lying. Since the entire lie-detector situation is unpleasant to most guilty subjects.. “NO” . “NO” . “NO” . ask if the examination is not over yet. “NO” . “NO” . “NO” .” in response to the question. they are hoping that the examiner.

and.has an empty or washed-out look. whereupon he will remove it from the room. a chair for you to sit in while connected to the polygraph instrument. Upon entering the polygraph room. with a table for the polygraph instrument. You may also be made to wait for your polygraph interrogation in an uncomfortably overheated waiting room.qualifies the NO by the inflection of the voice is lying.  Mind Games Your polygrapher/interrogator may play little games with you to establish his dominance.polygraph countermeasures “NO” . Your polygrapher may instruct you to remove your coat and hand it to him. The room will be sparsely furnished. He almost appears to be in an hypnotic state. you may find that the chair you are to sit in is facing the wrong direction or in the wrong location. “NO” . your polygrapher may subtly demonstrate that he is in control. He is lying. “NO” .studied eyes is lying. “NO” . By directing you to move the chair. Your chair for the “pre-test” interview will in all likelihood be stationary. “NO” . you should find that it is skillfully orchestrated for interviewing and interrogation. a third chair for you to sit in during the “pre-test” phase. a chair for the polygrapher. He does this to make you feel as though you are being psychologically “stripped. but this is a last ditch effort to “get out from under” actually is lying.plead is lying. he wants you to feel that he now controls a piece of you. Upon entering the room. placing you at a psychological disadvantage. while your polygrapher’s chair will probably be wheeled for his ease of movement. .” And by taking your coat out of the room.pauses and looks like the question was not directed to him even though he and the questioner are the only ones in the room and the question is directed to him. quite possibly.

don’t tamper with any equipment. It is amazing how many times one sees a wise-guy trying to loosen a wire or otherwise shake-up the instruments. And don’t make it obvious that you know you might be under surveillance (for example. by making faces or gesturing toward any mirror)! “So What Do You Know About Polygraph Testing?” At some point during the “pre-test” interview. Let your polygrapher think that he is in control.” Once again a one-way mirror comes into play. your polygrapher will ask you what you know about polygraphy.. If the individual seems intent on foiling the examination by failing to wash the hands. the lie behind the lie detector Do not be intimidated by your polygrapher’s little mind games.” When the person goes to the empty bathroom by himself. Don’t get into an . the examiner spies on his activity through a one-way mirror. Play along. One such item was a serious plea to the testee to go to the washroom and scrub both hands thoroughly . Often one hears the water running and sees the individual pretending to wash his or her hands. If your polygrapher instructs you to wash your hands. always laying on a stern injunction not to touch or even breathe on the equipment because “it’s so delicately balanced it will screw up all my results if it’s moved or shaken. If left alone in the polygraph room. the examiner gets a pretty good hint that he is not a truthful person. c): The fake card trick was not the only ploy built into the school curriculum to give the examiner some help in reaching his conclusion. More Smoke and Mirrors A former polygrapher who gave up polygraphy because he considered certain aspects of it to be unethical has revealed some additional tricks of the trade (Anonymous. n.d. A similar stunt is to leave him/her in the room alone with the polygraph itself. do so.because “the instruments won’t give me good results unless your hands are spotlessly clean.

“Why have you educated yourself so much about the polygraph? Do you have something to fear from it?” Instead. She lied about a card she had picked from a deck. Simpson to be innocent of the murder of his ex-wife.V. just go in and tell the truth. and the polygraph examiner caught her lie and was even able to figure out exactly which card she had picked! • I heard it caught O. such as: • I heard on T. provide a general answer to his question about what you know about polygraphy. His next questions may well be. (Polygraphers generally hold the competing voodoo science of Computerized Voice Stress Analysis [CVSA] in utter contempt.) • I read in the paper that the polygraph has been constantly improving with time and that the latest computerized polygraphs are very reliable. that they’re almost always accurate when used by a skilled examiner. you can mention it. Nicole. and if you question it. and you’ll have no problem! • I understand that polygraphs are a lot more accurate than those voice stress analyzers.polygraph countermeasures  argument with him about the validity of this voodoo science! Polygraphy is his profession.J. a polygraph examiner came and gave a demonstration to my class and showed us how the test is done using my teacher as a volunteer. your polygrapher will become suspicious.org! If you admit to having researched polygraphy. he will take offense (and be more likely to conclude that you are deceptive). If you’ve been polygraphed before.J. Is that right? • A friend of mine in law enforcement said not to worry. • When I was in grade school. in a lie! (Virtually no one in the polygraph community believes O.) . But don’t tell your polygrapher that you’ve read this book or that you’ve done research on the Internet and visited such websites as AntiPolygraph.

or think of new examples on your own. your polygrapher will review with you the questions that he’ll be asking during the “in-test” phase. Note: If you receive a lengthy background questionnaire from an agency with which you are applying for employment. most importantly. Note that in directed-lie formats such as the TES. do not attempt to characterize each question on the list as a potential polygraph question. too. and. Questions asked during the “in-test” phase (that is. and if something you say exactly matches something in this book. And you can always fall back on ignorance: “I really don’t understand how polygraph tests work.” Tips for Identifying “Control” Questions During the “pre-test” phase. while you’re attached to the polygraph instrument) often differ greatly from those provided on background questionnaires. you need to understand the rationale behind them. however. “control” questions. and you will be better off studying question types here. Polygraphers will be reading this book. your polygrapher might notice! You may wish to combine elements from any of the above examples with your own experience. You need to pay close attention and be able to distinguish between relevant. (We discussed “control” questions at some length in Chapter  at pages ‒. your polygrapher will identify the “control” questions for you: they are the ones which he will instruct you to answer falsely. In order to become adept at identifying “control” questions. we’ll be referring to probable-lie “control” questions. the lie behind the lie detector All of these answers show confidence in the validity of polygraphy and are just the kind of thing your polygrapher wants to hear. Whatever answer you give. . When we speak of identifying “control” questions below. don’t memorize and repeat the above examples word-for-word. irrelevant.) Simply memorizing lists of common “control” questions will not do.

etc. Thus. The polygrapher would not assume that everyone—including those who will be or have already been hired—has pilfered objects of such high value. Contrast this with the following question: “Have you ever stolen anything worth over /. “Have you ever stolen anything?” Interpreted strictly. a sip of soda before you top off your self-serve drink at the local fast food restaurant.—will not be able to deny with % truthfulness. this question includes the theft of pens. etc. Hence. But most people have at some point glanced at another student’s paper during an exam or copied a friend’s homework. pencils. nearly everyone (except out-and-out criminals) will have an easy time answering this one truthfully without even thinking about it. polygraphers will assume that your denial is less than completely truthful. since almost everyone has done such things.polygraph countermeasures  As explained in Chapter 3. Ask yourself the following question when interpreting each of the examiner’s questions as strictly as possible: “Will the polygrapher assume that even a very honest person would have a hard time answering this question % truthfully?” Take for example the question. the polygrapher and the agency employing him would have to assume that all applicants or employees screened have stolen something worth this substantial amount. “Did you ever cheat in school?” You may not have broken into faculty offices to steal an exam. the great majority of students have likely written segments in research papers that should have been better cited. In actuality. Once again. Thus. This is simply not a reasonable expectation. At the very least. . etc.?” For this question to be a “control” question. this is a control question. Consider next the question. this a control question. probable-lie “control” questions are concerned with behavior that the polygrapher secretly assumes most people in society—even those who will be selected for hiring or granted a high level security clearance.

Note: Another common theft-related question in pre-employment polygraph screening is. Relevant questions. for instance. you may wonder. and so forth. or regarding your opinion of someone’s new hairstyle. etc. “What is the dollar cut-off amount?” This depends on what the agency’s policy is regarding acceptable thefts. they do not assume that applicants they wish to hire have helped themselves to the cash drawer. Naturally. the common “control” question.). tend to be quite specific and leave little room for doubt. even those you told as a young child. the lie behind the lie detector this does not fit the mold of a “control” question. . It is a relevant question. Take. Ambiguity in “Control” Questions One of the hallmarks of “control” questions is ambiguity. If the examinee keeps answering “yes” to this question during the “pre-test” interview and admitting to having told little white lies. The question is a relevant one. You must consider whether or not the agency believes that even the great majority of the people it would be willing to hire (as well as current employees) have engaged in this behavior (no matter how despicable the polygrapher may attempt to convince you he considers it to be). It remains a “control” question. “Have you ever stolen money from an employer?” Although agencies assume that all applicants have helped themselves to small things (office supplies. this question includes all lies. “Have you ever told a lie?” Strictly speaking. Their scope tends not to be clearly defined. “Have you ever lied about anything serious?” Note that the question is still ambiguous because just what is meant by “serious” has not been defined for the examinee. by contrast. the polygrapher may modify the question to. We recommend that you assume that any preemployment screening question that includes a minimum dollar amount (that is. “Have you ever stolen anything worth more than __ dollars?”) is relevant.

It is a relevant question. For example. . and unauthorized downloading of copyrighted music from the Internet are illegal. Secret Service polygraphers in pre-employment screening. for example. “Did you ever cheat in school?” A common tactic used during the “pre-test” phase to manipulate the subject into a denial goes as follows: The polygrapher introduces the control question. This is a “control” question. and the question is not ambiguous. the scope of the term “crime” is not clearly defined. jaywalking. this question can be transformed from a “control” to a relevant question with a simple change in wording. but that it does include the sale of such counterfeit documents. Remember. robbery. underage drinking. rape. arson. This list includes murder. The examiner may note that the question does not include the possession and use of false identification for purposes of underage alcohol consumption. the examiner carefully explains exactly what crimes the Secret Service considers to be “serious” for the purposes of this question. etc.S. Technically speaking. During the “pre-test” interview. upon introducing “control” questions. However. “Read” the Polygrapher The polygrapher’s demeanor often provides helpful insight into the nature of each question. he might tell you that his agency has absolutely no tolerance for academic dishonesty before asking.polygraph countermeasures  Let us consider the question. the polygrapher will usually attempt to steer you into a denial. It is not expected that most applicants have committed a serious undetected crime. grand larceny. public urination. “Have you ever committed an undetected serious crime?” is a standard relevant question asked by U. “Have you ever committed a crime for which you have not been caught?” Here.“Have you ever told a lie?” The examinee responds affirmatively and explains some minor instance.

“It means whatever you think it means. in DoDPI’s “Law Enforcement Pre-Employment Test. they are frequently rephrased with a modifier like “other than what you have told me. the lie behind the lie detector The polygrapher rewords the question to. have you ever used any illegal drugs?” The key point here is that while modifiers such as “besides” often accompany a “control” question. however.” . After a few cycles of this. have you ever told a lie?” The examinee responds affirmatively yet again and makes another minor admission. have you?” Another tip for “reading” your polygrapher is this: if you ask for clarification regarding what is meant by a question. If you admit having used marijuana six times. Has the question been prefaced with a modifier? Since most subjects normally make some minor admissions to the “control” questions during the pre-test interview. For example. “Besides what you have told me. one of your relevant questions may well be. “Besides what you told me.” then it is a good bet that the question is a “control” question.” Don’t fall into the trap. the mere presence of such a modifier does not guarantee that a question is a “control” question. the polygrapher launches into a little speech on the importance of honesty and explain what a dim view his agency takes to lying. He then asks the leading question. For example. does he provide a helpful explanation? If he sidesteps your question with an evasive answer like. “You haven’t lied about anything else now. suppose you are being polygraphed for employment with an agency whose stated policy is that marijuana use up to  times is acceptable but that any usage in excess thereof is an automatic disqualifier. of thinking that every question that is modified in this manner is a “control” question. A Final Tip on Identifying “Control” Questions Note that it is standard practice for polygraphers to review the different kinds of questions as groups during the pre-test phase.

Don’t fall for it. Want to Get Anything Off Your Chest? No! After he has reviewed with you the questions he’ll be asking during the “in-test” phase. the irrelevant questions are reviewed. Make no admissions. Pick a breathing rate within this range that is comfortable for you and take relatively shallow—not deep—breaths. then the relevant questions to be asked are reviewed. Many people are falsely accused of attempting to “beat the box” because they (in the polygrapher’s opinion) breathe too deeply or too slowly or both. . From the moment the pneumograph tubes go on. and place one pneumograph tube around your chest and the other around your abdomen. Practice until it becomes second nature. Each breath should be about the same length. the inflatable pressure cuff to your arm (or perhaps a transducer set to your thumb instead). or ‒ seconds each. and finally. Breathing Countermeasures Your polygrapher will attach the polygraph’s electrodes to your ring and index fingers. you need to be concerned about your breathing. Your polygrapher will be happy if your breathing rate is between about  and  breaths (in and out) per minute. These manipulations may also affect the electrodermal channel. then the “control” questions. Chart-Recording Manipulations We will discuss here manipulations to affect the breathing and cardio channels of the polygraph instrument. This practice of grouping questions by type during the pre-test phase makes identifying “control” questions easier. your polygrapher will give you the “opportunity” to get anything off your chest that may be “bothering” you.polygraph countermeasures  the sacrifice relevant question is introduced first.

immediately after answering the question. or. change your baseline breathing pattern to produce one of the five pneumograph reactions that DoDPI considers to be most significant in chart scoring:29 Note: None of these manipulations call for deep breathing. and the polygraph community would be in “big trouble. and your polygrapher may let the instrument continue recording your physiological responses for a minute or so after asking his last question in order to see if your breathing pattern changes. the five breathing reactions listed here were considered to be “highly diagnostic. or irrelevant during the “pre-test” interview. it could “effectively neutralize” the respiration channel. alternatively. A senior member of the federal polygraph community and former DoDPI instructor reportedly opined that if this information were to become public.org and deemed reliable indicates that as of mid-. that is. He may interpret any change after the last question is asked as an indication that you were employing countermeasures. filling your lungs to full or nearly full capacity. By contrast. the lie behind the lie detector You should maintain this baseline breathing pattern until the pneumograph tubes are removed from your chest and abdomen. with a pause of about ‒ seconds between questions. then you should err on the side of caution and assume that it is relevant.” relevant. There will be no surprises. If you cannot decide whether a question is a “control” question.”  . Four of these ten reactions were being considered for elimination. DoDPI recognized a total of ten scorable breathing reactions (down from twelve a few years earlier). while unclassified. You will have already mentally categorized the questions he reviewed with you as “control. Don’t relax and change your breathing pattern as soon as the last question has been asked! The polygraph is still recording your breathing. Such deep breathing is An anonymous source known to AntiPolygraph. Your polygrapher will ask his series of questions.” This information. As soon as you recognize that the question your polygrapher is asking is a “control” question. is considered by DoDPI to be highly sensitive.

may be produced by taking several shallower breaths and then returning to one’s baseline breathing pattern. a respiration rate decrease. is also the easiest. It is achieved by simply holding one’s breath for four or five seconds (anything much longer may make your polygrapher suspicious) after breathing out. ending before the asking of the next question: The third scorable reaction.”  . a change in inhalation/exhalation ratio. The first reaction. “Test Data Analysis. blocking. may be produced by simply breathing more slowly for - seconds. may be effected by exhaling more slowly than inhaling for 5-15 seconds. as illustrated in the DoDPI graphic below: The second reaction. a decrease in amplitude (also known as suppression). as illustrated All illustrations of respiratory reactions presented here are adapted from the DoDPI document. ending before the asking of the next question: The fourth reaction.polygraph countermeasures  likely to be interpreted by your polygrapher as an attempted countermeasure.

you can enhance your cardio (heart rate and blood pressure) response to the “control” questions by choosing one (and only one. Other activity that requires focused concentration is also effective. ending before the asking of the next question: The fifth reaction is similar to the fourth. additional countermeasures. Again. pick an arbitrary number (say ) and count backward by s as quickly . the lie behind the lie detector below. For example. This should be done over the course of 5-15 seconds. divide  by  or calculate the square root of . as combining them may be overkill) of the following two. ending before the asking of the next question: Cardio/Electrodermal Countermeasures In addition to the breathing countermeasures described above. For example. except that breathing becomes shallower gradually before returning to one’s baseline breathing pattern. Mental countermeasures: Perform mathematical calculations in your head as quickly as you can. These countermeasures may also produce an associated electrodermal response: 1. this should be done for 5-15 seconds.

What About the Anal Sphincter Contraction? The first three editions of The Lie Behind the Lie Detector included constriction of the anal sphincter muscle as a physical countermeasure to be applied timely with the asking of the “control” questions. and then resume the tongue bite. ). If you start biting as soon as you recognize the “control” question. . Reid & Inbau. In recent years. begin either as soon as you recognize a question as a “control” question. Williams . or right after answering the “control” question. polygraph manufacturers such as Lafayette and Axciton have begun marketing piezoelectric sensor pads that they claim aid in the detection of physical countermeasures. Be subtle. ). an encounter with a rattlesnake. You want to think of something that will make your heart race and cause an increase in blood pressure.. This is one of the most discussed polygraph countermeasures (Lykken. Alternatively. (Honts et al. You can practice this “pain countermeasure” in front of a mirror. being raped at knifepoint—use your imagination). your polygrapher mustn’t notice.polygraph countermeasures  as you can (Honts et al. you may think exciting thoughts. and readers may well wonder why it has been dropped from this book. you will of course pause long enough to answer the question.. Bite down slowly on the side of your tongue hard enough to produce moderate pain. . These pads are typically placed on the seat of the polygraph chair. and additional . begin either as soon as you recognize a “control” question.g. Stewart. (e.. and continue for ‒ seconds. but don’t cut your tongue. A breathing reaction may naturally accompany such mental activity without your having to think about it. falling off a cliff. and continue for ‒ seconds. . but no longer than the beginning of the next question. Tongue biting. but no longer than the beginning of the next question. or right after answering the “control” question. Again. ) Again. 2.

It would be wise to re-read Chapters  and  of this book several times. you can make your polygrapher think that you really are a “screamer. What About the Relevant Questions? You may naturally be upset at being asked accusatory questions such as “Did you leak that memo?” or “Have you committed an act of espionage against the United States?” Don’t worry. Just maintain your baseline breathing pattern. the lie behind the lie detector pads may also be placed on the armrests or beneath the subject’s feet. Practice Makes Perfect You should practice both the breathing and cardio countermeasures until you can employ them at will and with confidence. While no polygrapher has ever demonstrated any ability to detect the anal sphincter contraction employed as a countermeasure. Countermeasures and the “Stim Test” Don’t try to mystify your polygrapher by producing a reaction to a card or number other than the one you actually picked or wrote during the “stim test” (see pp. we cannot exclude the possibility that a sphincter contraction might result in a detectable change in weight distribution over the surface of a piezoelectric sensor pad. even with the aid of such pads. which plainly cannot be detected by such means. by employing the breathing and cardio countermeasures you’ve learned to augment your physiological responses as you answer the question about the number or card you actually picked. Your mind should be more at ease knowing that you—and not your polygrapher—are in control. Even if you produce a slight response when asked the accusatory relevant .” and he won’t be surprised when you react strongly to the “control” questions. are preferable. ‒). we believe that mental countermeasures or tongue-biting. Given this uncertainty. Instead.

sit down in front of you. specific. the behavioral countermeasures discussed earlier in this chapter will be of increased importance. and ask you if there is anything you . tell you that a question is troubling you. and significant” responses to a particular relevant question over multiple charts. you should have produced a strongly “truthful” chart. you will have artificially produced stronger responses while answering the “control” questions. It’s Not Over Till It’s Over Remember to continue your baseline breathing pattern until the pneumograph tubes are removed from your chest and abdomen. and combined with a lack of any substantive admissions on your part. Countermeasures and the Relevant/Irrelevant “Test” If you encounter a Relevant/Irrelevant “test” (see pp. may well be enough to get you through the “test. If you have correctly identified the “control” questions and applied the countermeasures described above.” don’t worry! Because the polygrapher typically places more reliance on his subjective impression of the subject’s honesty with this technique. recall that with this technique polygraphers look for “consistent. To Explain or Not to Explain Responses to Relevant Questions At some point in the “in-test” phase. You can prevent such a pattern from occurring by simply producing responses to two differing groups of two relevant questions within the different chart presentations. your polygrapher may turn off the polygraph instrument.polygraph countermeasures  questions.” In addition. –) instead of the much more common “Control” Question “Test.

be prepared to name the book. just in case your polygrapher tells you that one of the relevant questions really seems to bother you. but firmly.) • “I recently heard that an old childhood friend of mine died of a drug overdose. you should appear concerned and puzzled as you offer a pre-planned explanation. even if I hadn’t. then you should have some explanation prepared in advance that cannot be turned into a damaging admission. then under no circumstances should you try to explain why you might have reacted to a question. Some examples of explanations that cannot be twisted into damaging admissions include: • “All I can think of is that I’ve always felt guilty when I’m accused of something. I never would have imagined that he would grow up to become a drug abuser. however. If you refuse to offer any explanation at all as to why you might have reacted to a certain relevant question. Don’t fall for it. the lie behind the lie detector would like to get off your chest before a repeat polygraph chart is done.” • “The only thing that comes to mind is that I’m in the middle of reading a Tom Clancy novel which involves espionage/drug dealing. just in case. This is a commonly-used bluff. then your polygrapher might interpret it as stonewalling and use his discretion to render an adverse opinion. Remember that any minor admissions you make at this point are likely to be blown out of proportion. “I told you the truth. and be sure you’re familiar with the story. you have submitted to a pre-employment or postemployment polygraph screening interrogation. I . I hadn’t seen him in years.” (If you use an explanation like this. If you have agreed against our advice to submit to a polygraph interrogation in a criminal investigation. Maintain your truthfulness politely. Thus.” If. When I was a kid. and I just knew I looked guilty to them. I’d get upset. if my Dad asked me if I had done something bad or a teacher accused me of copying someone else’s homework. nothing is bothering me about that question.

your polygrapher may catch on.” Which Question Bothered You the Most? After collecting the polygraph charts. your polygrapher may begin by asking you to tell him which question troubled you the most. then you should offer no further explanation.” (We are aware of a case involving an applicant for employment with a federal law enforcement agency where this actually happened. too. .” You want to make certain that your “throw-away” explanation does not invite further interrogation. could well be written up by the polygrapher as. the applicant admitted to illegal drug use that he did not disclose in his application. rather than directly accusing you of deception. For example. Don’t memorize and repeat any of the above explanations word for word! Again. Be especially careful with any throw-away admissions you make regarding drug use.polygraph countermeasures  couldn’t help thinking of him when you asked me the question about drug use. Something as simple as admitting that you took a prescription drug every four hours instead of the every six your doctor prescribed. or that you lent a college roommate a handful of prescription acne treatment cream. I can’t think of any other reason why I might have reacted when you asked that question. Instead. “I told you the truth.) If your polygrapher remains unsatisfied after you have offered your explanation as to why you might have reacted to one of the relevant questions. it might invite interrogation about the kind of people with whom you associate. polygraphers are reading this book. have a couple explanations based on your own life experience handy before you go into your polygraph interrogation. and if you recite any of the explanations provided here verbatim. if the last explanation in the above list referred simply to “a friend” rather than to “an old childhood friend” whom you hadn’t seen in years. Be sure to name one of the “control” questions as being the one that most troubled you. “In the post-test interview.

He may tell you that your charts show deception (even if. under no circumstances should you deviate from what you provided. ). “I was most troubled by the question about lying to a loved one. for example.) Don’t Stay for a “Post-Test” Interrogation After you’ve gone through all the question repetitions. based on polygraph doctrine. Remember that even an innocent remark can be twisted into a damaging “admission. Having provided truthful information. I told my mother-in-law that I couldn’t come over on the weekend to paint her house because of work. Again. a polygrapher’s report that you admitted to withholding information can be absolutely devastating. don’t fall for this bluff. the lie behind the lie detector You might also have an innocuous explanation prepared. but I actually had a fishing trip planned. Your polygrapher is not there to “help” you.  . The sole purpose of the “post-test” interrogation is to obtain a confession or damaging admission. no matter how hard your polygrapher may lean on you.” We believe that ethics dictate that one should be truthful with a potential employer from the earliest point in the application process. but firmly. He is not going to “go to bat” for you against headquarters. and that he can’t help you unless you admit to whatever it is that was bothering you. While a “failed” polygraph “test” can be detrimental to your future employment potential (both with the testing agency and others). your polygrapher may attempt to subject you to a “post-test” interrogation. terminate the Recall how FBI polygrapher Mark Johnson mischaracterized Special Agent Mark Mallah’s innocuous remarks (p. because I suddenly remembered that last month. they don’t).” (Again. it is a good sign that you have already “failed. don’t memorize and repeat the foregoing explanation word for word! Come up with your own. Politely.” You have nothing to gain by remaining for a “post-test” interrogation. If your polygrapher attempts a “post-test” interrogation.

subjected to a “post-test” interrogation. but you say I’m lying. and leave. Good day. do not be surprised if you are told that you are “having problems” at the end of your polygraph session. and scheduled for a “re-test.” received by AntiPolygraph. We’re doing this because we want to try to See the statement of “No Such Author.” It seems to be standard operating procedure for these agencies to subject applicants to more than one polygraph session. who had led him to believe that he had just one shot at the polygraph. and then left the room : He returns.” In terminating the interrogation. we are going to go ahead and schedule another polygraph exam tomorrow to see if we can’t help you clear the test. I’m ecstatic. subjected him to a full-blown “post-test” interrogation. We don’t do this often. You have to understand.shtml  . which Reid () held was the surest behavioral sign of deception: The most significant behavior symptom that is indicative of guilt is after a subject has been accused as guilty during an interrogation and denies his implication. I don’t understand. be sure to avoid the following mistake. but while being dismissed turns to the examiner. shakes his hand and says. falsely accused him of deception. “Because we want you to pass your polygraph.org/statements/statement-009. “sorry to have cause you so much trouble?” A Note to CIA and NSA Applicants If your polygraph examination is for employment with the CIA or NSA. this is a rare second chance. To my surprise he announces he has spoken to a supervisor about my case. I have nothing more to say to you.polygraph countermeasures  interrogation. Here it comes I think. “I told you the truth. One recent CIA applicant has explained how his polygraph operator. I am being allowed a chance to retest.org in : http://antipolygraph.

a fourth examination requires a decision by the Director of Security.org under the Freedom of Information Act. the FBI’s recently retired senior scientific expert on polygraphy. has not published a single article explaining how polygraphers can detect such countermeasures! In January . the lie behind the lie detector work with you. along with associated documentation. Dr.shtml#NSA  . reiterated a challenge to the polygraph community to prove its claimed ability to detect polygraph countermeasures. I’m surprised to hear from their conversations that nearly all of them have been offered “rare” second chances to retake the polygraph the next day. At According to the NSA’s polygraph regulation. since it began publication in . . obtained by AntiPolygraph.” I return to the waiting area. Polygraph. it is not unusual for applicants to be subjected to as many as three polygraph examinations—the number that the NSA polygraph unit is authorized to administer without approval from above. Can’t Polygraphers Detect Countermeasures? Although polygraphers frequently claim that any experienced examiner can easily detect countermeasure attempts. peer-reviewed research suggests that they cannot detect the kinds of countermeasures described in this book at better than chance levels of accuracy. Drew C. The NSA polygraph regulation. Other applicants are there. (Honts et al. the quarterly publication of the American Polygraph Association.org/read. Richardson.… And in the NSA. and any examination beyond that requires the approval of the Deputy Director for Administration. I want you to think very carefully about what has happened here today and reconsider some of the answers you have given. waiting.org at: http://antipolygraph. ) Indeed. is available on AntiPolygraph.

).org/cgi-bin/forums/YaBB. the way to pass the Silent Answer Test is produce stronger reactions to the “control” questions than to the “relevant” questions. Just as in normal polygraph examinations in which one answers out loud. Yes Test In this technique (Reid & Inbau.pl?board=Proc.  Silent Answer Test In this technique (Matte. which is apparently intended to catch examinees off guard. “Counter-countermeasure Techniques” for discussion of any newly discovered approaches that may not be mentioned here: http://antipolygraph.org home page. Richardson’s challenge has not been answered. Don’t do anything differently.” (In some cases. If he/she does so. the polygraph community does have a number of techniques that may be used in an attempt to detect or deter them.org message board thread.num=1064482960 35  . Polygraph Counter-countermeasures Although no polygrapher has yet demonstrated any ability to reliably detect countermeasures. countermeasure use is inferred.” be The number of days this challenge has gone without takers is updated daily on the AntiPolygraph. the examinee is told to remain silent during the “in test” phase and to answer the questions in his/her head. We will briefly discuss some of these here.polygraph countermeasures  the time of writing (March ) Dr. ). If you encounter the “Yes Test. See the AntiPolygraph.action= display. the “control” questions may be left out. the subject is instructed to answer all questions “Yes.) The idea is to trick the subject who has been augmenting his/her reactions to the “control” questions into producing reactions to the relevant questions insead.

” it would suggest that the examinee has. On the other hand. if the examinee appears relieved by the news that his charts were “NDI. Time Bars on Irrelevant Questions The polygrapher may also apply “time bars” to irrelevant questions in an attempt to make them appear more like “control” questions. the polygrapher may casually inform the examinee that his polygraph results are “NDI. Referring to Irrelevant Questions as “Control” Questions Another counter-countermeasure approach that seems to be in use is the following: during the pre-test phase. the lie behind the lie detector careful not to augment reactions to the relevant questions. after the “in-test” or chart-collection phase. in the case of an examinee whose charts are scored as passing. For example. researched polygraphy. and should appear confused by the examiner’s statement. “Dropping” of Polygraph Jargon The “dropping” of polygraph jargon may be used as a countercountermeasure technique with subjects who deny having researched polygraphy. countermeasure use may be inferred. “Before . did people sometimes call you Henry?” If the examinee shows strong reactions to a time-barred irrelevant question. “Between  and . Examples of time-barred irrelevant questions include. the polygrapher will deliberately refer to one or more irrelevant questions as “control” or “comparison” questions in an attempt to mislead the examinee. did you attend Georgetown University?” and. If the “control” questions are included. the polygrapher infers that countermeasures have been used.” An examinee who has not researched the polygraph should not understand that “NDI” means “No Deception Indicated” (that is. he/she has passed). you still want to show reactions to them. and it might . If the examinee then shows strong reactions to any of these irrelevant questions. in fact.

Alternatively. Sensor Pads and Strain Gauges As mentioned earlier in this chapter.” which is shorthand for “No Significant Response. without offering any scientific evidence. some polygraph instruments may be equipped with one or more piezoelectric sensor pads. he may remain suspicious even .” which is shorthand for “Deception Indicated” (or possibly “SR” for “Significant Response”). the polygrapher may start by telling the examinee that his charts are “DI. But if the polygrapher (or his boss) was already suspicious of you before the polygraph interrogation. the subject who has not researched polygraphy should not understand the meaning of either of these terms. Again. that these devices may be used to detect physical countermeasures such as the anal sphincter contraction. and tongue-biting). The manufacturers claim. Some polygraphers may alternatively employ one or more pneumatic (air-filled) sensor pads or a strain gauge (typically placed under the front legs of the chair).polygraph countermeasures  be further inferred that the examinee has employed countermeasures. the polygrapher might use the term “NSR. typically placed on the seat of the polygraph chair. Note that these various pads and gauges clearly cannot detect the kinds of countermeasures presented in this book (breathing manipulations. mental countermeasures. and optionally on the armrests and under the subject’s feet as well. What If I’m Accused of Employing Countermeasures? The countermeasures we’ve discussed produce physiological responses that are indistinguishable from those that polygraphers believe to be associated with truth-telling concerning the relevant issues.” This ruse may also be used with subjects whose charts are scored as “failing.” Some agencies prefer to use this term in the context of screening examinations instead of “NDI.” In such cases.

even though he can’t prove it. “I know what you’re doing. pull up a chair knee-to-knee with you. passed. He might at this point even tell you about a person his agency recently hired who was only able to pass the polygraph after admitting to having foolishly used countermeasures he had read about on the Internet. the lie behind the lie detector after you produce a “truthful” chart. disconnect the pneumograph tubes. Your polygrapher will be biased against you based on the earlier polygraph chart reading. This situation may be more likely if you have “failed” a polygraph interrogation in the past. He’ll turn off the polygraph. but he can only do so if you admit to having used countermeasures. and may well be suspicious when you pass your second polygraph interrogation with flying colors.” and you want to make sure that you are not a false positive victim a second time. He may accuse you of having employed countermeasures. He’ll tell you he thinks you’re honest. . and went on to be hired does not exist. (Some polygraphers may even mention AntiPolygraph. and electrodes.” Remember the first rule we discussed at the beginning of this chapter: make no admissions! And the most damaging admission you could possibly make (in your polygrapher’s mind) is that you employed countermeasures. If your polygrapher attempts either of these bluffs with you. Perhaps you are reading this book because you told the truth but “failed.”(London & Krapohl.) Don’t be fooled: this person who admitted to using countermeasures. look you dead in the eye. I told you the truth. “I didn’t do any of the things you said. arm cuff. Don’t fall for it! Another bluff you may encounter is this: your polygrapher will tell you that it’s “obvious” that you’re manipulating the results. and he would like to help you pass. Your polygrapher might try the following bluff in an attempt to get you to admit to employing countermeasures. ) Alternatively.org by name. your polygrapher may appear angry or offended as he delivers his bluff. you should appear to be confused. and in a calm voice declare.

 London & Krapohl. . b). “How to Sting the Polygraph” (Williams. polygraphers are able to detect countermeasures such as those we’ve discussed in this book: We now are training our examiners how to detect people who are trying to manipulate their results. Gordon H. Dr. But Dr. who before his retirement was in charge of countermeasures training at DoDPI.polygraph countermeasures  An Anecdote During the Department of Energy’s public hearings on polygraph policy (U. ). “L72cueak” states that federal polygraph examiners may render a final opinion that a subject has employed countermeasures even though a subject has made no such admission. as “L72cueak” pointed out in the message thread. Barland forgot to mention that the person “was not successful” because he admitted to having employed polygraph countermeasures! Had he not made this admission.S.” DoDPI itself uses Doug Williams’ manual. Department of Energy. However. this is not necessarily the case. but he was not successful. and we have learned a lot about how people go about doing that. “Lies in The Lie Behind the Lie Detector” on the AntiPolygraph. and Dr. attempted to convince his audience of scientists and engineers that nowadays.org message board. No one at DoDPI has come up with a reliable method for detecting these countermeasures. Earlier this year we published a case where Doug Williams had given information to a person on how to beat the polygraph. Barland. ) in its countermeasures training. In the st and nd editions of this book. we wrote that John “would have passed” his polygraph interrogation had he not admitted to using countermeasures.  . he might have “passed. Barland’s misleading statement before an audience of top-notch atomic scientists and engineers is  Doug Williams is a former police polygrapher and author of “How to Sting the Polygraph” (Williams.

. we do not know whether there are any such studies at a higher level of classification. several committee members and staff obtained national security clearances at the secret level. particularly with regard to polygraph countermeasures. wrote an article for Polygraph in which he argues that making countermeasure information available to the public is unethical and should be stopped (Menges. DoDPI would keep mum and give special scrutiny to those caught employing countermeasures. the lie behind the lie detector testimony to the polygraph community’s consternation over polygraph countermeasures. If DoDPI had indeed developed a reliable method for detecting polygraph countermeasures. Instead. We were subsequently told by officials of the Central Intelligence Agency and DoDPI that there were no completed studies of polygraph countermeasures at the secret level. Barland tried to scare his audience with misleading information. Dr. In order to review such information. Maschke’s article. classified at the secret level. Menges. ): …we were advised by officials from DOE and DoDPI that there was information relevant to our work. stonewalling it with regard to purported federal countermeasure studies as it conducted its review of the scientific evidence on the polygraph (National Research Council. Menges even goes so far as to suggest that providing information such as that contained in this book should be outlawed! Would a federal polygraph examiner be making these arguments if the polygraph community truly had effective and reliable countercountermeasures? See George W. “A Response to Paul M. Menges Regarding the Ethical Considerations of Providing Polygraph Countermeasures to the Pub . ). p. The federal polygraph community also played games with the National Academy of Sciences.… Paul M. who teaches DoDPI’s countermeasure course for polygraph examiners. one would expect that instead of discouraging countermeasure attempts.

lic. Often. your contemporaneous notes will be of great importance. But you may have made a mistake.shtml . You might take a portable tape recorder with you for this purpose and leave it in your car. you should have handily passed.polygraph countermeasures  Keep Notes! As soon as your polygraph interrogation is over. In the event you are later told you failed or that your results were inconclusive. briefcase. you will not be told whether you passed or failed before you leave. or purse.” available on-line at: http://antipolygraph. If you have employed the methods described in this book.org/articles/article-029. take detailed notes for your personal records. Or your polygrapher may have decided even before asking his first question that you are not going to pass.

Amendment I …when we assumed the soldier we did not lay aside the citizen. the examiner’s name. —Old Jewish tradition If you have read this book prior to your polygraph interrogation. and which ones the polygrapher .” You may initially make handwritten notes or use a tape recorder. —George Washington Speak truth to power. if your first exposure to this book comes after you have already submitted to and “failed” a polygraph “test. start to compile a detailed “Memorandum for Record. you should not need to contest your polygraph results. or of the press. there are several steps you can take to maximize the utility of what little protest process currently exists.chapter five Grievance Procedures Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. Write down every detail you can remember about the polygraph “test”—no matter how insignificant it may seem at the time. Start off with the place you took the exam. but you are better off copying these to a word processor file if you have a computer: it’s easier to add to and edit this way. —United States Constitution. Start Keeping Records Immediately after your polygraph interrogation ends. the date.” read this section carefully. and to petition the Government for a redress of grievances. and the questions you were asked. or the right of the people peacefully to assemble. If your polygrapher accuses you of being deceptive. Begin with the questions you were asked. However. or abridging the freedom of speech.

tend not to respond to letters from applicants who have failed the polygraph. The following are the names and addresses of the directors of the three federal agencies most known for rejections based on polygraph exams. questionable and/or abusive tactics. Many agencies. These provisions amount to substantial proof that your letter was sent and received. Keep this document nearby so that you can add to it during the following days when you may recall details that slipped your mind. Also. be sure to include any derogatory comments made by the examiner. Write again if you do not receive a timely reply. Write a Letter of Protest The next step is to send a letter to the Director of the agency for which you took the exam maintaining your innocence and requesting a “re-test. and are current as of March : Drug Enforcement Agency KAREN P. Be sure to start this memo the day of the exam—not the next morning when you may have forgotten details. return receipt requested.grievance procedures  accused you of being deceptive on. especially federal ones. TANDY ADMINISTRATOR DRUG ENFORCEMENT AGENCY MAILSTOP: AXS 2401 JEFFERSON DAVIS HIGHWAY ALEXANDRIA. VA 22301 . Having an accurate record will be crucial to almost anything you do in attempting to clear your name.” This letter. etc. like any further correspondence you may have with the agency must be sent out by certified mail.

in the case of the FBI. MUELLER III DIRECTOR FEDERAL BUREAU OF INVESTIGATION J. W. addresses for which are provided below. file a report with the appropriate office. the lie behind the lie detector Federal Bureau of Investigation MR. EDGAR HOOVER BUILDING 925 PENNSYLVANIA AVENUE NW WASHINGTON DC 20535 . you can file a report with the Bureau’s Office of Professional Responsibility (OPR) or with the Office of the Inspector General at the Department of Justice. NW WASHINGTON DC 20535-0001 United States Secret Service MR. These venues are particularly powerful because these groups must investigate—they may not simply dismiss a complaint out of hand. RALPH BASHAM DIRECTOR US SECRET SERVICE 950 H STREET NW WASHINGTON DC 20223 Report Abusive Behavior If your polygrapher exhibits abusive behavior or inappropriate language. OFFICE OF PROFESSIONAL RESPONSIBILITY FBI HEADQUARTERS J. For example. EDGAR HOOVER BUILDING 935 PENNSYLVANIA AVENUE. ROBERT S.

and any audio.or herself. It is important that you fight the urge to avoid thinking about what has happened and file your request promptly. SUITE 4322 WASHINGTON DC 20530-0001  File a Privacy Act Request If your polygraph exam was for a position with the federal government. supporting documentation. See Appendix D for a sample Privacy Act request. The Privacy Act of  ( U.C. If your polygraph was with a state or local agency. send everything certified mail. Although the Freedom of Information Act (all Privacy . More information regarding the Privacy Act may be found on the Department of Justice website at: http://www. that is.S. Privacy Act requests must be in writing (once again. a) provides that any person has the right to request access to federal agency records or information about him. it is wise to request any records that the agency you took the exam for is keeping under your name. save for the polygrapher’s opinion that you were deceptive) has been destroyed as a routine matter.grievance procedures US DEPARTMENT OF JUSTICE OFFICE OF THE INSPECTOR GENERAL 950 PENNSYLVANIA AVENUE NW.html Keep in mind that the Privacy Act applies only to federal agencies.gov/04foia/04_7_1. the agency may later claim that the charts. If you delay. except for those records that are exempted by statute. All agencies of the United States Government are required to disclose records upon receiving a written request for them. check your local laws.or videotape (everything. return receipt). Each state has its own public access laws that should be consulted.usdoj. These records may now contain erroneous information (such as exaggerated or even fabricated admissions) that it is in your interest to learn about and attempt to correct.

you may receive a more prompt response if you submit your Privacy Act request through an attorney. Secret Service web site: 1. 3.S. or through one of your elected representatives. Here are some general guidelines for Privacy Act requests. the request must reasonably describe the records. the lie behind the lie detector Act requests are automatically handled as Freedom of Information Act requests. Indeed.  U. based on information from the U. 5. the request must set forth an address where the person making the request wants to be notified about whether or not the request will be granted.C. agencies never respond at all. Agencies frequently take months or even years to make a determination on requests for materials regarding polygraph examinations. Both the envelope and the request itself should be clearly marked “Privacy Act Request”. Web links for further information are also included. the request must state whether the requester wishes to inspect the records or desires to have a copy made and furnished without first inspecting them. . to begin with. a request for records shall be made in writing. signed by the person making the request. 2.S. also) mandates that a government agency must make a determination on a request within  working days of receipt (which may be extended by an additional  working days). Sometimes. the request must be addressed to the component that maintains the record. a. many agencies routinely fail to comply with the requirements of the FOIA. These requests are known to be taken far more seriously than requests from “ordinary” citizens. You may wish to request the help of your congressman or senator if you fail to receive the requested information after the statutory period lapses. and stating that it is made pursuant to the Privacy Act. This information is current as of March . Below are the addresses for Privacy Act requests to the three federal agencies best known for rejecting applicants based on false positive polygraph results and the Department of Energy. 4.

ma. DEPARTMENT OF ENERGY FOIA/PRIVACY ACT GROUP 1000 INDEPENDENCE AVENUE. ROOM 6359 935 PENNSYLVANIA AVENUE. DC 20535 (202) 324-5520 .grievance procedures Department of Energy http://www. 20585 (202) 586-5955 Drug Enforcement Agency http://www.C. SW WASHINGTON.gov/foia/dea.gov/ Requests for FBI records should be sent to: FEDERAL BUREAU OF INVESTIGATION RECORD INFORMATION/DISSEMINATION SECTION (RIDS) SERVICE REQUEST UNIT.fbi.htm Requests for DEA records should be sent to: FREEDOM OF INFORMATION OPERATIONS UNIT (SARO) DRUG ENFORCEMENT ADMINISTRATION 700 ARMY NAVY DRIVE ARLINGTON.dea.doe.htm  Requests for DOE records should be sent to: U.gov/execsec/foia. NW WASHINGTON.S. VA 22202 (202) 307-7596 Federal Bureau of Investigation http://foia.mbe. D.

Oral interview evaluation notes and ranking. All other documentation regarding your application.gov/foia. BUILDING 410 WASHINGTON. Notarization: your request does not need to be notarized if you include a declaration under penalty of perjury that the details of your request are true and correct. DC 20223 Keep in mind… Describing the Records: Describe your records as broadly as possible to prevent the agency from withholding something because you were too specific in your descriptions. 4. regardless of whether or not that database is directly maintained by [the agency]. Polygraph examiner written reports and evaluations. 5. . Your application for employment with the agency.secretservice. A good idea is to request any and all information about yourself including but not limited to: 1. All information that [the agency] may have entered into a database about you. the lie behind the lie detector United States Secret Service http://www. Polygraph charts and audio/video tapes (if the examination was taped). 2. 6. 7. All information maintained in [the agency’s] files about you. 3. See Appendix D for a sample Privacy Act request letter.shtml Requests for Secret Service records should be sent to: UNITED STATES SECRET SERVICE FREEDOM OF INFORMATION AND PRIVACY ACTS BRANCH 245 MURRAY DRIVE.

Appendix E includes proposed language for a Comprehensive Employee Polygraph Protection Act. write Senator Orrin G.cfm In addition. write to your state legislators. Hatch and the members of the Senate Committee on the Judiciary.gov http://www. To find the mailing addresses for your representatives. and urge them to ban polygraph screening at the state level. . Urge them to introduce legislation removing the governmental exemption to the  Employee Polygraph Protection Act. Investigate Legal Action Currently. Contact information for members of this key committee may be found at: http://www. if any. Few. which is responsible for the oversight of federal law enforcement agencies.grievance procedures  Write Your Elected Representatives Write your congressman and senators. a noteworthy legal challenge to pre-employment polygraph screening is pending. explaining what happened and how you were treated. However. laws regulate polygraphers and their conduct. Governmental agencies are exempt from the  Employee Polygraph Protection Act (EPPA). little recourse is available to false positive victims of preemployment polygraph exams. go to: http://www.senate.senate.gov Also. Senator Hatch is the chairman of this committee. The Minnesota polygraph statute provided in Appendix F a good model for other states to follow. as of February .org web site. Inform them about the AntiPolygraph.gov/~judiciary/members.house.

Write an account of your experience to be posted on AntiPolygraph. They are willing to post your story anonymously if you so desire. Zaid by phone at () - or by e-mail at <ZaidMS@aol. the lie behind the lie detector On  March . DC attorney Mark S. and Secret Service in Federal District Court on behalf of applicants who were rejected solely on the basis of polygraph results. fraud. noted Washington. and are eager to post the accounts of others who have been wronged because of our government’s reliance on unreliable polygraphy. Zaid filed a lawsuit against the DEA. arguing that the applicants were denied due process. (Zaid. The webmasters of this non-profit site are polygraph victims themselves.com>. FBI. contact Mr. ) This lawsuit is based on th amendment grounds.org. For further information about the lawsuit. Post Your Experience on the Internet Exercise your st Amendment right to free speech by publicly exposing polygraph waste. Your silence only plays into the hands of those who have abused you. and abuse. .

that it instead depends on trickery. CVSA. On the federal level. Our reliance on unreliable polygraphy is a danger to our national security. Jr. you have seen that polygraphy is not science. Although Congress banned most compulsory polygraph “testing” in the private sector through the Employee Polygraph Protection Act (EPPA) in .” the employer must inform him/her that the “test” is voluntary. Congress must enact a Comprehensive Employee Polygraph Protection Act with no exemptions. and that deceptive persons can and have easily defeated it through countermeasures. that it is biased against the truthful. Ervin. the law establishes criminal as well as civil penalties for those who violate it. In the preceding chapters. . Polygraphy must be abolished. Even if an employee requests such a “test. Moreover. and any new “lie detection” methods that may crop up). What is to be done about this danger? The answer is simple. We have proposed language for such a law in Appendix E of this book. We need not wait until an accurate lie detector is found (it may never happen) before getting rid of a fraudulent one. On the state level. Minnesota’s antipolygraph law (Appendix F) is an excellent model for other states to follow. our Government’s own polygraphers continue to operate with impunity. the  EPPA contains a fatal flaw: a carte blanche exemption for Government. This legislation prevents any employer (including state and local government entities) from even requesting that an employee or candidate for employment submit to any “test” purported to determine truth or deception (this covers the polygraph.Afterword The whole process smacks of th century witchcraft… —Senator Sam J.

To safeguard both our nation and the reputations of its citizens. Polygraphy must be abolished. They must also act to repair the harm that has already been done. Let us leave this th century witchcraft in the th century. . Agencies that have relied on pseudoscientific polygraphy must be compelled to expunge from Government records all derogatory “information” developed through polygraphy. Candidates for employment whose applications were terminated as a result of polygraph “testing” should have their applications reinstated. the lie behind the lie detector Our legislators should not stop at preventing future harm. we must rely upon real background investigations—not the voodoo science of polygraphy.

F.org and should be considered required reading. Comparison: Prior to -----. Comparison: Before -----. respectively: Law Enforcement Pre-Employment Test Question Sequence/Phase I 1. 11. Comparison: Are you a really honest person? Yes. Comparison: Before -----. did you ever lie to someone in authority? No. Relevant: Do you know anyone who is engaged in espionage or sabotage against the United States? No. The examiner’s handbook for this technique (DoDPI ) is available for download from AntiPolygraph. 10. U. did you ever lie to cover something up? No.S. do you intend to answer each question truthfully? Yes. Relevant: Have you intentionally mishandled any classified information? No. The following three question sequences are from Appendices E. such as the FBI. 2. Irrelevant: Are the lights on in this room? Yes. did you ever lie about something important? No.appendix a Law Enforcement Pre-Employment “Test” The DoDPI Law Enforcement Pre-Employment “Test” is used by federal law enforcement agencies that require pre-employment polygraph screening. and DEA. Relevant: Have you had any unauthorized foreign contacts? No. Relevant: Have you ever been involved in terrorist or subversive activity? No. 9. 5. and G of the handbook. 4. 6. 12. Sacrifice Relevant: Regarding the national security questions. The CIA’s pre-employment polygraph technique is similar. . Comparison: Are you the kind of person who would betray a friend? No. Secret Service. Irrelevant: Is today -----? 7. 3. 8.

did you ever lie about something important? No. did you ever falsify any official documents? No. Relevant: Have you ever purchased any illegal drugs? No. 9. Comparison: Before -----. Relevant: Are you now withholding any information from me regarding your drug involvement? No. 2. did you ever cheat in school? No. Comparison: Before -----. 9. 10. did you ever tell a lie about anyone? No. 4. 5. . did you ever violate any official rules or regulations? No. Relevant: Is there now any information on your employment form which you know for a fact to be false? No. 2. Comparison: Are you the kind of person who would betray a member of your family? No. 7. Comparison: Prior to -----. Sacrifice Relevant: Regarding your past. did you ever do anything for which you could be fired? No. did you ever lie to make yourself look better? No. 8. Relevant: Have you ever sold any illegal drugs? No. Comparison: Before -----. Relevant: Are you intentionally withholding any information about your involvement with illegal drugs? No. 7. Irrelevant: Is today -----? Yes. 5. Comparison: Prior to this year. Comparison: Before -----. 6. 11. Breakdown Test Sequence (Drugs) 1. Sacrifice Relevant: Regarding your drug involvement. Relevant: Are you intentionally falsifying or omitting any information on your application forms? No. Relevant: Have you ever committed any serious crime? No. 3. 8. the lie behind the lie detector Law Enforcement Pre-Employment Test Question Sequence/Phase 2 1. 6. 10. Irrelevant: Is this the month of -----? Yes. do you intend to answer each question truthfully? Yes. Comparison: Prior to -----. Irrelevant: Are the lights on in this room? Yes. 3. Comparison: Are you absolutely trustworthy? Yes. do you intend to answer each question truthfully? Yes. 4.

appendix b Modified General Question “Test” The Modified General Question “Test” (MGQT) is a common probable-lie “Control” Question “Test” format. . The examiner compares your reactions to the “control” or comparison questions with your reactions to the relevant questions. a) publicly disclosed the precise question sequence of both FBI’s and DoDPI’s versions of the MGQT. Irrelevant Irrelevant Relevant (Did you participate …) Irrelevant Relevant (Did you …) Comparison question Irrelevant Evidence connecting relevant (Is that you in the photograph?) Relevant (Are you lying to me about anything …) Comparison question Mixed series for third chart is: 4-1-9-6-2-3-10-5-6-8-10. former chief of the NSA’s polygraph unit. (Ansley. 2. 8. Norman Ansley. 4. 5. 7. and “control”) on the fly. 6. irrelevant. 10. Polygraph.  1. MODIFIED GENERAL QUESTION TECHNIQUE (MGQT) Federal Bureau of Investigation. Those who may wish to employ countermeasures to protect themselves against a false positive outcome should be aware that knowing the question order is no substitute for knowing how to recognize the different types of questions (relevant. Irrelevant questions serve as buffers and are not scored. 9. 3. in an article published in the American Polygraph Association quarterly.

the order of which is: 1. Irrelevant Irrelevant Relevant Irrelevant Relevant Comparison Irrelevant Relevant Comparison Note that in all three variations of the MGQT (FBI. 7. 8. 5. each “control” or comparison question immediately follows a relevant question. 4.  1. participate) Irrelevant Relevant (Did you …) Comparison question Irrelevant Evidence connecting relevant Relevant (Do you know who. 4. help. the lie behind the lie detector MODIFIED GENERAL QUESTION TECHNIQUE SUMMARY (MGQT TEST) DoD Polygraph Institute. 7. DoDPI. and CIA). . Irrelevant Irrelevant Relevant (plan. 9. 2. 6. 2. knowledge …) Comparison question Mixed series for third chart: 4-1-5-6-3-10-9-6-8-10. 3. 10. 5. The article provides charts for the st and nd question series. The polygraph format used is identified in the article as the MGQT. 8. 9. London & Krapohl () describe the pre-employment polygraph interrogation of a high-priority applicant for an “undisclosed” federal agency. The CIA also uses the MGQT. 6. 3. known to be the CIA.

Prior to 1990. 4.appendix c Zone Comparison “Test” The Zone Comparison “Test” (ZCT). The following information about the Department of Defense Polygraph Institute ZCT is taken from former NSA polygraph program director Norman Ansley’s article. 7. 5. Sacrifice Relevant. is the polygraph technique most commonly used for polygraph interrogations concerning a single issue. Are the lights on in this room? Yes. alternatively known as the Zone of Comparison “Test” (ZOC). . Relevant. Prior to coming to Alabama. Symptomatic. a variant of the ZCT would likely be used. 3. do you intend to answer truthfully each question about that? Yes. and “control” on the fly rather than attempting to memorize the orders in which questions may be asked. those planning to use countermeasures to protect themselves against a false positive outcome need to be able to recognize the different types of questions (relevant. Irrelevant. did you ever steal from someone who trusted you? No. Did you steal any of that money? No. in a polygraph dragnet to find out who leaked information to the press. For example. Strong relevant. 6. Regarding that stolen money. Control. Zone Comparison Test Question Sequence Department of Defense Polygraph Institute 1991 1. did you ever steal anything? No. Are you completely convinced that I will not ask you a question on this test that has not already been reviewed? Yes. “The Zone Comparison Test” (Ansley. 2. Did you steal any of that money from the footlocker? No. and it is used especially in criminal investigations.Control. As noted in Appendix A with regard to the Modified General Question Test. b). irrelevant.

Do you know where any of that stolen money is now? No. Suspect. Did you steal any of that money? No. Is there something else you are afraid I will ask you a question about. even though I have told you I would not? . 9. did you ever lie about something you are ashamed of? 7. Non-Current Exclusive Control. Non-Current Exclusive Control. Information on the following two varieties of the ZCT is taken from chapter  of James Allen Matte’s Forensic Psychophysiology Using the Polygraph. SKY . Symptomatic. Control. Prior to this year. Non-Current Exclusive Control. Is there something else you are afraid I will ask you a question about. Prior to 1993. Sacrifice Relevant. 12. Symptomatic. did you ever steal anything from an employer? No. Weak Relevant. Relevant. Prior to 1990. Are you completely convinced that I will not ask you a question on this test that has not already been reviewed? 4. Do you know for sure who stole any of that money? No. Symptomatic. You. do you intend to answer truthfully each question about that? 3. 10. Knowledge. Regarding the incident you reported. the lie behind the lie detector 8. DoDPI Bi-Spot Zone Comparison Test Structure 1. Do you suspect anyone in particular of stealing any of that money? No.Optional 11. did you ever lie to get out of trouble? 9. Irrelevant. Did you lie about that man forcing you to have sexual intercourse with him in his apartment? 8. Relevant. Did you lie about that man forcing you to have sexual intercourse with him? 6. even though I have told you I would not? No. Prior to this year. 13. Is today Monday? 2. did you ever lie to anyone in a position of authority? 5.

4. 3. 8. 7. Irrelevant Sacrifice Relevant Symptomatic Control Relevant Control Relevant Irrelevant Control Relevant  Matte notes regarding the Utah technique that “at all times relevant test questions responses at each (R) position are compared only with the responses to the previous control question position.” . 6. 10.appendix c: zone comparison test Utah Zone Comparison Technique 1. 2. 9. 5.

5. All other documentation regarding my application. Sincerely. Polygraph charts and audio tapes. Executed on [date]. 6. 3. [signature] [name] .appendix d Sample Privacy Act Request Letter [name] [address] [telephone number] Privacy Act Request [agency name] [agency address] Dear Sir or Madam: Under the Privacy Act ( USC a). Polygraph examiner written reports and evaluations. regardless of whether or not that database is directly maintained by [agency name]. I hereby request any and all information about me including but not limited to: 1. All information that [agency name] may have entered into a database about me. All information maintained in [agency name] files about me. 2. My application for employment with the [agency name]. 4. Oral interview evaluation notes and ranking. I declare under penalty of perjury that the foregoing is true and correct. My Social Security number is [social security number]. 7.

We propose the following changes to the Employee Polygraph Protection Act ( USC ). (b) Injunctive actions by Secretary. Definitions. Authority of Secretary. (c) Private civil actions. (b) National defense and security exemption. (a) Civil penalties. see the AntiPolygraph. § 2003.appendix e Comprehensive Employee Polygraph Protection Act Now that the National Academy of Sciences has conducted an exhaustive study and found polygraph screening to be invalid. Congress should end the double standard and extend the protections of the  Employee Polygraph Protection Act to all Americans. To discuss this proposed legislation. (b) Subpoena authority. § 2006. TITLE 29 UNITED STATES CODE CHAPTER 22 COMPREHENSIVE EMPLOYEE POLYGRAPH PROTECTION ACT § 2001. Enforcement provisions. Additions are underlined. Prohibitions on lie detector use. Deletions are struck through.org/cgi-bin/forums/YaBB. (d) Waiver of rights prohibited. Notice of protection. (a) No application to governmental employers. (a) In general. “Comprehensive Employee Polygraph Protection Act”: http://antipolygraph. § 2005. Exemptions. and even a danger to national security.org message board thread. (c) FBI contractors exemption. § 2004.pl?board=Action&action= display&num=1036766934  . § 2002.

or drug diversion investigations. (4) Polygraph The term “polygraph” means an instrument that (A) records continuously. (f) Exemption for drug security. § 2009. psychological stress evaluator. (e) Exemption for security services. permanently. for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. Definitions As used in this chapter: (1) Commerce The term “commerce” has the meaning provided by section 203(b) of this title. deceptograph. (b) Permitted disclosures. voice stress analyzer. the lie behind the lie detector (d) Limited exemption for ongoing investigations. and electrodermal patterns as minimum instrumentation standards. and simultaneously changes in cardiovascular. (a) In general. (c) Disclosure by employer. Effect on other law and agreements. (a) Test as basis for adverse employment action. Sec. (c) Qualifications and requirements of examiners. (2) Employer The term “employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee. Restrictions on use of exemptions. § 2008. respiratory. or the results of which are used. or the results of which are used. (5) Secretary The term “Secretary” means the Secretary of Labor. or any other similar device (whether mechanical or electrical) that is used. and (B) is used. . visually. drug theft. (b) Rights of examinee. § 2007. 2001. Disclosure of information. for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. (3) Lie detector The term “lie detector” includes a polygraph.

appendix e: ceppa

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Sec. 2002. Prohibitions on lie detector use Except as provided in sections 2006 and 2007 of this title, It shall be unlawful for any employer engaged in or affecting commerce or in the production of goods for commerce (1) directly or indirectly, to require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test; (2) to use, accept, refer to, or inquire concerning the results of any lie detector test of any employee or prospective employee; (3) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against (A) any employee or prospective employee who refuses, declines, or fails to take or submit to any lie detector test, (B) any employee or prospective employee on the basis of the results of any lie detector test; or (4) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against, any employee or prospective employee because (A) such employee or prospective employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, (B) such employee or prospective employee has testified or is about to testify in any such proceeding, or (C) of the exercise by such employee or prospective employee, on behalf of such employee or another person, of any right afforded by this chapter. Sec. 2003. Notice of protection The Secretary shall prepare, have printed, and distribute a notice setting forth excerpts from, or summaries of, the pertinent provisions of this chapter. Each employer shall post and maintain such notice in conspicuous places on its premises where notices to employees and applicants to employment are customarily posted. Sec. 2004. Authority of Secretary (a) In general The Secretary shall (1) issue such rules and regulations as may be necessary or appropriate to carry out this chapter;



the lie behind the lie detector

(2) cooperate with regional, State, local, and other agencies, and cooperate with and furnish technical assistance to employers, labor organizations, and employment agencies to aid in effectuating the purposes of this chapter; and (3) make investigations and inspections and require the keeping of records necessary or appropriate for the administration of this chapter. (b) Subpoena authority For the purpose of any hearing or investigation under this chapter, the Secretary shall have the authority contained in sections 49 and 50 of title 15. Sec. 2005. Enforcement provisions (a) Civil penalties (1) In general Subject to paragraph (2), any employer who violates any provision of this chapter may be assessed a civil penalty of not more than $10,000 $70,000. (2) Determination of amount In determining the amount of any penalty under paragraph (1), the Secretary shall take into account the previous record of the person in terms of compliance with this chapter and the gravity of the violation. (3) Collection Any civil penalty assessed under this subsection shall be collected in the same manner as is required by subsections (b) through (e) of section 1853 of this title with respect to civil penalties assessed under subsection (a) of such section. (b) Injunctive actions by Secretary The Secretary may bring an action under this section to restrain violations of this chapter. The Solicitor of Labor may appear for and represent the Secretary in any litigation brought under this chapter. In any action brought under this section, the district courts of the United States shall have jurisdiction, for cause shown, to issue temporary or permanent restraining orders and injunctions to require compliance with this chapter, including such legal or equitable relief incident thereto as may be appropriate, including, but not limited to, employment, reinstatement, promotion, and the payment of lost wages and benefits.

appendix e: ceppa



(c) Private civil actions (1) Liability An employer who violates this chapter shall be liable to the employee or prospective employee affected by such violation. Such employer shall be liable for such legal or equitable relief as may be appropriate, including, but not limited to, employment, reinstatement, promotion, and the payment of lost wages and benefits. (2) Court An action to recover the liability prescribed in paragraph (1) may be maintained against the employer in any Federal or State court of competent jurisdiction by an employee or prospective employee for or on behalf of such employee, prospective employee, and other employees or prospective employees similarly situated. No such action may be commenced more than 3 years after the date of the alleged violation. (3) Costs The court, in its discretion, may allow the prevailing party (other than the United States) shall be entitled to recover its reasonable costs, including attorney’s fees. (d) Waiver of rights prohibited The rights and procedures provided by this chapter may not be waived by contract or otherwise, unless such waiver is part of a written settlement agreed to and signed by the parties to the pending action or complaint under this chapter. Sec. 2006. Exemptions (a) No application to governmental employers This chapter shall not apply with respect to the United States Government, any State or local government, or any political subdivision of a State or local government. (b) National defense and security exemption (1) National defense Nothing in this chapter shall be construed to prohibit the administration, by the Federal Government, in the performance of any counterintelligence function, of any lie detector test to (A) any expert or consultant under contract to the Department of Defense or any employee of any contractor of such Department; or



the lie behind the lie detector

(B) any expert or consultant under contract with the Department of Energy in connection with the atomic energy defense activities of such Department or any employee of any contractor of such Department in connection with such activities. (2) Security Nothing in this chapter shall be construed to prohibit the administration, by the Federal Government, in the performance of any intelligence or counterintelligence function, of any lie detector test to (A) (i) any individual employed by, assigned to, or detailed to, the National Security Agency, the Defense Intelligence Agency, the National Imagery and Mapping Agency, or the Central Intelligence Agency, (ii) any expert or consultant under contract to any such agency, (iii)any employee of a contractor to any such agency, (iv) any individual applying for a position in any such agency, or (v) any individual assigned to a space where sensitive cryptologic information is produced, processed, or stored for any such agency; or (B) any expert, or consultant (or employee of such expert or consultant) under contract with any Federal Government department, agency, or program whose duties involve access to information that has been classified at the level of top secret or designated as being within a special access program under section 4.2(a) of Executive Order 12356 (or a successor Executive order). (c) FBI contractors exemption Nothing in this chapter shall be construed to prohibit the administration, by the Federal Government, in the performance of any counterintelligence function, of any lie detector test to an employee of a contractor of the Federal Bureau of Investigation of the Department of Justice who is engaged in the performance of any work under the contract with such Bureau. (d) Limited exemption for ongoing investigations Subject to sections 2007 and 2009 of this title, this chapter shall not

that (A) sets forth with particularity the specific incident or activity being investigated and the basis for testing particular employees. (2) the employee had access to the property that is the subject of the investigation. and maintenance of security alarm systems. (ii) a statement indicating that the employee had access to the property that is the subject of the investigation. as . or operations having a significant impact on the health or safety of any State or political subdivision thereof. or an act of unlawful industrial espionage or sabotage. (e) Exemption for security services (1) In general Subject to paragraph (2) and sections 2007 and 2009 of this title. and (4) the employer executes a statement. or other uniformed or plainclothes security personnel and whose function includes protection of (A) facilities. misappropriation. and (iii)a statement describing the basis of the employer's reasonable suspicion that the employee was involved in the incident or activity under investigation. or the national security of the United States. installation. (3) the employer has a reasonable suspicion that the employee was involved in the incident or activity under investigation. this chapter shall not prohibit the use of polygraph tests on prospective employees by any private employer whose primary business purpose consists of providing armored car personnel. and (D) contains at a minimum (i) an identification of the specific economic loss or injury to the business of the employer.appendix e: ceppa  prohibit an employer from requesting an employee to submit to a polygraph test if (1) the test is administered in connection with an ongoing investigation involving economic loss or injury to the employer's business. provided to the examinee before the test. materials. (B) is signed by a person (other than a polygraph examiner) authorized to legally bind the employer. personnel engaged in the design. such as theft. (C) is retained by the employer for at least 3 years. embezzlement.

or IV of section 812 of title 21. storage. distribute. this chapter shall not prohibit the use of a polygraph test by any employer authorized to manufacture. (ii) public water supply facilities. if (i) the test is administered in connection with an ongoing investigation of criminal or other misconduct involving. or drug diversion investigations (1) In general Subject to paragraph (2) and sections 2007 and 2009 of this title. (f) Exemption for drug security. distribution. II. . and (iv) public transportation. (iii)shipments or storage of radioactive or other toxic waste materials. or assets referred to in paragraph (1). or sale of any such controlled substance. 1988. and (ii) the employee had access to the person or property that is the subject of the investigation. or potentially involving. or dispense a controlled substance listed in schedule I. operations. (2) Access The exemption provided under this subsection shall apply (A) if the test is administered to a prospective employee who would have direct access to the manufacture. loss or injury to the manufacture. distribution. transmission. III. (2) Access The exemption provided under this subsection shall not apply if the test is administered to a prospective employee who would not be employed to protect facilities. or proprietary information. drug theft. or dispensing of any such controlled substance by such employer. precious commodities or instruments. the lie behind the lie detector determined under rules and regulations issued by the Secretary within 90 days after June 27. or (B) currency. negotiable securities. materials. or distribution of electric or nuclear power. or (B) in the case of a test administered to a current employee. including (i) facilities engaged in the production.

affiliations. and (v) beliefs. and (f) of section 2006 of this title shall not apply unless the requirements described in the following paragraphs are met: (1) All phases Throughout all phases of the test (A) the examinee shall be permitted to terminate the test at any time. and (D) the examiner does not conduct the test if there is sufficient written evidence by a physician that the examinee is suffering from a medical or psychological condition or . 2007. (ii) beliefs or opinions regarding racial matters. without additional supporting evidence.appendix e: ceppa  Sec. or needlessly intrude on. Restrictions on use of exemptions (a) Test as basis for adverse employment action (1) Under ongoing investigations exemption Except as provided in paragraph (2). or the refusal to take a polygraph test is used. (iv) any matter relating to sexual behavior. (C) the examinee is not asked any question concerning (i) religious beliefs or affiliations. (iii)political beliefs or affiliations. or otherwise discriminated against in any manner on the basis of the analysis of a polygraph test chart or the refusal to take a polygraph test. The evidence required by such subsection may serve as additional supporting evidence. (b) Rights of examinee The exemptions provided under subsections (d). disciplined. (2) Under other exemptions In the case of an exemption described in subsection (e) or (f) of such section. as the sole basis upon which an adverse employment action described in paragraph (1) is taken against an employee or prospective employee. denied employment or promotion. such examinee. (B) the examinee is not asked questions in a manner designed to degrade. or lawful activities regarding unions or labor organizations. the exemption under subsection (d) of section 2006 of this title shall not apply if an employee is discharged. the exemption shall not apply if the results of an analysis of a polygraph test chart are used. opinions. (e).

(2) Pretest phase During the pretest phase. a camera. the prospective examinee (A) is provided with reasonable written notice of the date. or (iii)that the employer or the examinee may (with mutual knowledge) make a recording of the test. will be used. . (ii) whether any other device. time. and (E) is provided an opportunity to review all questions to be asked during the test and is informed of the right to terminate the test at any time. (ii) that any statement made during the test may constitute additional supporting evidence for the purposes of an adverse employment action described in subsection (a) of this section. and (v) of the legal rights and remedies of the employer under this chapter (including the rights of the employer under section 2008(c)(2) of this title). (iii)of the limitations imposed under this section. and location of the test. (C) is informed. including any device for recording or monitoring the test. or any other device through which the test can be observed. (D) is read and signs a written notice informing such examinee (i) that the examinee cannot be required to take the test as a condition of employment. in writing (i) whether the testing area contains a two-way mirror. (iv) of the legal rights and remedies available to the examinee if the polygraph test is not conducted in accordance with this chapter. the lie behind the lie detector undergoing treatment that might cause abnormal responses during the actual testing phase. (B) is informed in writing of the nature and characteristics of the tests and of the instruments involved. and of such examinee's right to obtain and consult with legal counsel or an employee representative before each phase of the test.

and (f) of section 2006 of this title shall not apply unless the individual who conducts the polygraph test satisfies the requirements under the following paragraphs: (1) Qualifications The examiner (A) has a valid and current license granted by licensing and regulatory authorities in the State in which the test is to be conducted.000 bond or an equivalent amount of professional liability coverage. and . and (B) maintains a minimum of a $50. and shall not conduct any such test for less than a 90-minute duration. (e). (c) Qualifications and requirements of examiners The exemptions provided under subsections (d).appendix e: ceppa  (3) Actual testing phase During the actual testing phase. case facts. the examiner does not ask such examinee any question relevant during the test that was not presented in writing for review to such examinee before the test. and interpretation of the charts relevant to the purpose and stated objectives of the test. (5) Maximum number and minimum duration of tests The examiner shall not conduct and complete more than five polygraph tests on a calendar day on which the test is given. (4) Post-test phase Before any adverse employment action. (2) Requirements The examiner (A) renders any opinion or conclusion regarding the test (i) in writing and solely on the basis of an analysis of polygraph test charts. if so required by the State. and (ii) a copy of the questions asked during the test along with the corresponding charted responses. the employer shall (A) further interview the examinee on the basis of the results of the test. information. and (B) provide the examinee with (i) a written copy of any opinion or conclusion rendered as a result of the test. (ii) that does not contain information other than admissions.

written questions. (2) the employer that requested the test. or (c) of section 2006 of this title) for whom a polygraph test is conducted may disclose information from the test only to (1) a person in accordance with subsection (b) of this section. or (2) a governmental agency. (b). arbitrator. Disclosure of information (a) In general A person. lists. This chapter shall not preempt any provision of any State or local law or of any negotiated collective bargaining agreement that prohibits lie detector tests or is more restrictive with respect to lie detector tests than any provision of this chapter. Sec. other than the examinee. governmental agency. and (c) of section 2006 of this title. 2009. Effect on other law and agreements Except as provided in subsections (a). the lie behind the lie detector (iii)that does not include any recommendation concerning the employment of the examinee. except as provided in this section. (c) Disclosure by employer An employer (other than an employer described in subsection (a). or (3) any court. and (B) maintains all opinions. in accordance with due process of law. charts. pursuant to an order from a court of competent jurisdiction. but only insofar as the disclosed information is an admission of criminal conduct. and other records relating to the test for a minimum period of 3 years after administration of the test. (b). . may not disclose information obtained during a polygraph test. 2008. reports. Sec. or mediator. (b) Permitted disclosures A polygraph examiner may disclose information acquired from a polygraph test only to (1) the examinee or any other person specifically designated in writing by the examinee.

who may with or without such reference. institute the appropriate criminal proceedings under this section.75 Polygraph tests of employees or prospective employees prohibited. Investigations. penalty. or any test purporting to test the honesty of any employee or prospective employee. the attorney general shall be entitled. 2. . whether or not injunctive relief is otherwise provided by law. In addition to the penalties provided by law for violation of this section. Subdivision 1. voice stress analysis. 3. Subd. Prohibition. administering. The department may refer any evidence available concerning violations of this section to the county attorney of the appropriate county. An employer or agent or any person knowingly selling. The department of labor and industry shall investigate suspected violations of this section. specifically and generally. If an employee requests a polygraph test any employer or agent administering the test shall inform the employee that taking the test is voluntary. Whenever it shall appear to the satisfaction of the attorney general that this section has been or is being violated. No person shall sell to or interpret for an employer or the employer’s agent a test that the person knows has been solicited or required by an employer or agent to test the honesty of an employee or prospective employee. on behalf of the state. No employer or agent thereof shall directly or indirectly solicit or require a polygraph. to sue for and have injunctive relief in any court of competent jurisdiction against any such violation or threatened violation without abridging other penalties provided by law. Subd. Injunctive relief. or interpreting tests in violation of this section is guilty of a misdemeanor. the courts of this state are vested with jurisdiction to prevent and restrain violations of this section and to require the payment of civil penalties.appendix f Minnesota Polygraph Statute Chapter  Section  of the Current Minnesota Statutes ( edition) should serve as a model for other states: 181.

enter a consent judgment or decree without a finding of illegality. The court may. the lie behind the lie detector Subd. together with costs and disbursements. 4. any person injured by a violation of this section may bring a civil action to recover any and all damages recoverable at law. as appropriate. and receive other equitable relief as determined by the court. Individual remedies. In addition to the remedies otherwise provided by law. . including costs of investigation and reasonable attorney’s fees.

the most important step you can take to minimize the potential for a negative outcome is to make no admissions. you should not submit to a polygraph examination at the request of law enforcement. The primary utility of polygraphy is that it encourages people ignorant of how it works to offer up derogatory information about themselves that they would not otherwise provide. • Make no admissions is also the rule if and when a polygrapher accuses you of using countermeasures. Review Chapter  until you have a full understanding of the fraudulent procedure before you arrive for your polygraph “test.” . The “test” is merely an excuse to interrogate you with no lawyer present. No agency wants to hire a person that is only candid when faced with a psychological torture device. Nothing good can come of changing your story one iota when you enter a polygraph suite—so make no admissions! • Sign no statements admitting to changes from what you provided earlier.appendix g Polygraph Countermeasure Review If You Are Suspected of a Crime • If you are a suspect in a criminal investigation. Make No Admissions! • If you do choose to submit to a polygraph for some other reason (most likely as a pre-requisite for an employment process). the damage done by a “failed” polygraph “test” pales in comparison to a “test” (regardless of result) accompanied by a sworn statement from a law enforcement officer alleging that you admitted to withholding information in sworn documents. Remember. Come Armed With Knowledge • Polygraphy is completely dependent on trickery.

” • Spend time learning to recognize probable lie “control” questions. Subjective biases of the polygrapher can go a long way toward influencing the final results. Conservative dress. your polygrapher’s job is simple: to get you to make damaging admissions. Reading the polygrapher’s demeanor when you ask for clarification can go a long way in helping to identify “control” questions.” Changing your statement at his suggestion to something like “less than ten times. the goal of the examiner when he is crafting “control” questions is to formulate a question that you will probably respond to with a lie. If you previously reported to the agency having smoked marijuana five times. you are most likely to face a probable-lie “control” question “test. understand the rationale behind “control” questions. • Arrive at your polygraph examination on time. and shiny shoes are the order of the day. If you are applying for a law enforcement position. the lie behind the lie detector • Take pride in your appearance. • When answering any questions on polygraph day. . Consider getting a nearby hotel room if the polygraph requires a long commute.” while still accurate. do not deviate whatsoever from what you have already stated. As the name implies. In actuality. is a prescription for disaster. • Avoid simply memorizing lists of common “control” questions. a shave. You should. • Familiarize yourself with the various polygraph formats. Lateness is often interpreted as a sign of deception. One of the primary interrogation techniques that polygraphers are trained in involves the examiner acting as if he is your friend or an ally against the employer. instead. • Recognize that the polygraph “test” is an interrogation. the answer is “no. and the polygrapher asks if it could have been six.

employ these countermeasures as soon as you recognize each “control” question and for – seconds thereafter. • Regardless of what you may have heard about Aldrich Ames talking his way out of deceptive charts. . This brings with it the risk of having an admission/confession falsely attributed to you. Politely pull the plug on the session after being taken over the same question two or three times. • During the “in-test” phase. be extremely careful if you choose to explain a purported response to a relevant question. Make no admissions! • Be keenly alert for any possible segue into the “post-test” interrogation phase. and there is nothing to gain by allowing yourself to be subjected psychological abuse. You are not being paid for your time. the real purpose is to instill fear in you that the machine will detect any attempt at deception. Polygrapher bluffing regarding countermeasures is becoming more common as more and more examinees are learning the truth about polygraphy.” Although the examiner will explain that the function of the “test” is to calibrate the machine. Don’t stay to repeat your denials to the same question ad nauseam. Apply countermeasures here at the point where you “lie” to the polygrapher.appendix g: polygraph countermeasure review  • Familiarize yourself with the scorable breathing reactions and cardio/electrodermal manipulations described in Chapter . • Recognize that the only reliable method polygraphers have of detecting countermeasures is to bluff examinees into making an admission. • Be sure to understand the “stim test”—the trick played by polygraphers with cards and/or numbers at the outset of most polygraph “tests. There may not have even been a reaction to the question in the first place.

n.polygraphpass. The author is a psychophysiologist who requests that his name be withheld.org/sgp/othergov/polygraph/ames.net/ ~dchapman2146 /pf_v2n 1/Polygraph. information provided via the PolygraphPass. Available on-line at: http://www.Bibliography This bibliography includes works cited in this book in addition to some works not cited which may be of interest to those wishing to learn more about polygraphy. and although the document is undated.h tm .comca st.d. Aldrich Hazen. information stored in the PDF file indicates that it was created on  March . This document discusses behavioral countermeasures only. a) “The Truth about the Polygraph.d.fas.d. Anonymous (n.” An article purportedly written by a polygapher who “quit polygraph work because he felt many of the procedures were unethical” and published by Oregonians for Rationality.com website at the time of purchase suggests that the author of this document is California polygrapher Sherri Dean. b) “How to Succeed at Pre Employment Polygraph Examinations.” A -page Adobe Acrobat (PDF) file. Available on-line at: http://home. c) “Polygraph: Take It Or Leave It.d.html Anonymous (n. Ames. Available for sale on-line at: http://www.” Unpublished paper. () Undated letter (postmarked  November ) to Steven Aftergood of the Federation of American Scientists.com Although published anonymously. Anonymous (n.

org/statements/statement-005.edu/raredocuments/bhb. –. Available on-line at: http://www. () Studies of the Accuracy of Security Screening Polygraph Examinations. Department of Defense Polygraph Institute. Robert. Gordon H. ————. pp. James.  November .  ().” Available on-line at: http://antipolygraph. () “Polygraph Statement of John Doe #1. Bailey.shtml Ansley. Available on-line in Adobe Acrobat (PDF) format at: http://truth.” Polygraph. and Steven D. Vol. . Laurie.bibliography  Anonymous. () Body of Secrets: Anatomy of the Ultra-secret National Security Agency. (a) “The Validity of the Modified General Question Test (MGQT).S. Vol. Charles R. King case.  (). Honts. –.html Bamford. Barger.boisestate. New York: Anchor Books.” Polygraph. Includes a discussion of the NSA polygraph program at pp. pp. () “Justices Appear to Doubt Polygraph. No. Norman.org/irp/ops/ci/king/ssci_bailey. New York: Crown Publishers.fas.” Associated Press article published in The Albuquerque Journal. -. . (b) “The Zone Comparison Test. No. . Asseo. Barland.html . Senate Select Committee on Intelligence at a  April  oversight hearing into the Daniel M. . Robert S. () Prepared statement submitted to the U.. Baer. () See No Evil: The True Story of a Ground Soldier in the CIA’s War on Terrorism.  March .

() “Wanted: A Squeaky Clean Record.” Scientific American. .sht ml Clifton. Colorado: Paladin Press.  ().” The Salt Lake Tribune. (Zaid.1572 20-412.com. his identity and the date of his e-mail message are made clear at para. Charles.com/1999/1099issue/1099infocus. .L. Available on-line at: http://cbsnews. Available on-line at: http://www. the lie behind the lie detector Beardsley.00. Frank. Tim.html Byford.nopolygraph. Knill and Ronnie K. () “Effectiveness of the Symptomatic Questions.”  February . While the author’s treatment of polygraph chart-recording manipulations is entirely inadequate. Brenda L. CBSNews. () “Wen Ho Lee’s Problematic Polygraph. Curreri.com/examiner. and develop rapport with. October. Evans. () Deception Detection: Winning the Polygraph Game.. Available on-line at: http://www.com/n ow/story/0. () E-mail dated  August .htm Although SA Byford is not identified as the author of this e-mail on the above-referenced page.  of attorney Mark S. Vol. his discussion of behavioral countermeasures is good. Boulder. –.” Polygraph.15 97. Michael H. . H. ) Capps. See also Appendix A (Polygraph Dos and Don’ts) and Appendix B (Polygraphers’ Favorite Verbal Ploys). . a polygraph examiner.cb s.sciam. () “Truth or Consequences: A Polygraph Screening Program Raises Questions about the Science of Lie Detection. Zaid’s polygraph lawsuit.  August . pp. No. Chapter  (The Day of the Test) provides excellent advice on how to make a good impression on.

pdf This report provides the protocol only for a validity study. Available on-line in Adobe Acrobat (PDF) format at: http ://ant ipolyg raph. Uninterested.o rg/doc uments/ dodpitest-d ata-an alysis . Abstract: From both a scientific and an applied psychophysiological point of view. () “Psychophysiological Detection of Deception Accuracy Rates Obtained Using the Test for Espionage and Sabotage: A Replication. The treatment is disinterested in the sense that there is an insistence on employing fundamental terms in a logically con- . (). Available in Adobe Acrobat (PDF) format at: http://antipolygraph. Department of Defense Polygraph Institute.”  pages.pdf ————. Appendix I of this report explains how the polygrapher is to conduct the interrogation. Vol.pdf Dollins. DoDPI97-P-0009. This paper’s primary concern is with psychophysiological detection. including the psychological manipulations (deceptions) involved. No.  ().bibliography  Department of Defense Polygraph Institute (). “Test Data Analysis. Andrew B. and Interested Perspectives. and it is mainly focussed on the North American “Control” Question “Test” (CQT).org/documents/dodpi97-p-0009. “Law Enforcement Pre-Employment Test.org/documents/dodpi-lepet. John. ‒.  July . the related but different ideas of using physiological measures to differentiate and detect deception are of considerable potential interest.shtml Furedy. MB) at: http://antipolygraph.” International Journal of Psychophysiology.”  pages. () “The North American Polygraph and Psychophysiology: Disinterested. Available on-line in Adobe Acrobat (PDF) format (. J. It is available on-line in HTML format at: http://antipolygraph.” Report No.org/documents/dodpi97-p-0009appendix-i.

 December . . Charles E. and an analysis of it and related psychophysiological deception procedures. but scientifically-based. it is suggested that.htm Geracimos. Grassley. Vol. which has allowed the interested community of professionals who employ the CQT to hood-wink both themselves and others (including the American Psychological Association) that the CQT is a controversial. Charles R. Indiana: Jonas Publishing.  (). Hodes. pp.” Journal of Applied Psychology. Available on-line in Adobe Acrobat (PDF) format at: http://antipolygraph. Ann.shtml Harrelson. . the lie behind the lie detector sistent way. () Letter to Dr. test for detecting deception. As the most cognate organization. Following a detailed description of the CQT.ca/~furedy/napoly. Abstract: Effects of physical countermeasures on the accuracy of the control question test (CQT) were assessed in two laboratory mock-crime experiments. In Experiment .org/hearings/senate-judiciary1997/grassley-letter. Robert L. -. by and large.utoronto..  male and  . Fort Wayne. The entire article is available on-line at: http://psych. and David C. the international psychophysiological research community needs to take a more active and disinterested role in this salient purported application of psychophysiology—the detection of deception. Truth and the Polygraph. No. Leonard H. () Lietest: Deception. Donald Kerr dated  October . Instead it has adopted an uninterested perspective. () “A special kind of education. Raskin. () “Effects of Physical Countermeasures on the Physiological Detection of Deception. Honts. the North American research psychophysiological community has failed to measure up to the standards of disinterestedness with respect to the psychophysiological detection of deception.” Washington Times.

countercountermeasures. False negative outcomes occurred when subjects were able to produce physiological responses that were larger to control questions than to relevant questions. Experiment  assessed the effects of additional training and the concurrent use of both countermeasures with  female and  male college students who were divided into three groups. Two of these guilty groups were trained in the use of a countermeasure. Countermeasures subjects produced % false negatives as compared to % false negatives for Guilty Control subjects. Countermeasure detectors. Abstract: Most of the private-sector uses of the polygraph in the United States were eliminated by the Employee Polygraph Protection Act of . No significant effects for countermeasures were found. polygraph use by the federal government continues to grow unabated.” Readers of The Lie Behind the Lie Detector will have significantly greater time and motivation to prepare themselves.  (): –. three of which enacted a mock crime. In the second experiment. and the implications of these results for the probative value of the CQT are discussed. All countermeasure subjects were given extensive information about the nature of the CQT.  In the first experiment. subjects received a maximum of only  minutes of training. though subjects “were encouraged to practice their countermeasures at home. two of which enacted a mock crime. However.bibliography female college students were divided into four groups.” Forensic Reports. either biting the tongue (pain countermeasure) or pressing the toes against the floor (muscle countermeasure) during the control question zones of the CQT. The government uses polygraph tests in criminal investigations and in national security screen- . ———— () “The Emperor’s New Clothes: Application of Polygraph Tests in the American Workplace. These results should be qualified by the possibility that the countermeasure task would be considerably more difficult if the relevant questions dealt with a real crime in an actual investigation. a maximum of  minutes of training was provided.

polygraph tests are used both in the hiring process and with current employees. and John C.” Journal of Applied Psychology. Kircher. but the screening uses are particularly so. Politically unpleasant changes that must involve calling a substantial number of innocent subjects deceptive are necessary if national security screening polygraphs are to be applied effectively. Twenty Ss were innocent. Research and analyses conducted on the Department of Defense’s Counterintelligence Scope Polygraph (CSP) Screening Program indicate that the polygraph tests used in that program are unable to discriminate truthtellers from deceivers. It appears that the CSP polygraph examinations correctly classify only about % of the guilty subjects. () “Mental and Physical Countermeasures Reduce the Accuracy of Polygraph Tests. Vol.html ————. No. All uses are controversial. Polygraph tests used in the hiring process are without empirical support.  were trained in the use of either a physical countermeasure (biting the tongue or pressing the toes to the floor) or a mental countermeasure (counting backward by ) to be applied while control questions were being presented during their examinations. Abstract: Effects of countermeasures on the control-question polygraph tests were examined in an experiment with  Ss recruited from the general community. The entire article is available on-line in Adobe Acrobat (PDF) format ( MB) at: http://truth. . Polygraphers’ claims of high utility on the basis of development of information during interrogations are suspect because information they develop has never been shown to be predictive of future behavior.  (). Raskin.edu/raredocuments/ENC.boisestate. the lie behind the lie detector ing. and of the  guilty Ss. The mental and physical countermeasures were equally effective: Each . –. Effective countermeasures exacerbate this problem and may render the CSP Screening Program completely ineffective at detecting deception. Ss were given polygraph tests by an examiner who used field techniques. pp. In national security screening. David C.

have a natural interest in the acceptance by the relevant scientific community of the polygraph technique.  (). August .” Vol. as well as individuals asked to submit to polygraph tests. ———— “Psychophysiological Detection of Deception.org/reports/2002/us911/USA0802. Available on-line at: http://www. For this reason. No.hrw.pdf Iacono. () “United States: Presumption of Guilt: Human Rights Abuses of Post-September 11 Detainees. Survey return rates were high (% and % respectively).  (June ) pp.bibliography enabled approximately % of the Ss to defeat the polygraph test. Human Rights Watch. Courts asked to admit polygraph findings into evidence. . No. Most of the respondents believed that polygraphic lie detection is not theoretically sound. () “The Validity of the Lie Detector: Two Surveys of Scientific Opinion. The strongest countermeasure effects were observed in the cardiovascular measures. readers of this book will have significantly greater time and motivation to prepare themselves. we conducted mail surveys to obtain the opinions of  groups of scientists from relevant disciplines: members of the Society for Psychophysiological Research and Fellows of the American Psychological Association’s Division  (General Psychology). (G). claims of high validity for these procedures cannot be sustained. the lie test can be beaten by easily learned .” Journal of Applied Psychology. –. No. Vol. –. the countermeasures were difficult to detect either instrumentally or through observation. Moreover. Vol. William G. .  In this experiment. the subjects received a maximum of  minutes of instruction and were polygraphed a week later. and David T. pp.” () Current Directions in Psychological Science. . Again. Abstract: The widespread use of polygraph (“lie detector”) tests has important social and individual consequences. Lykken.

() “Would I Tell a Lie?” The Independent. Tabloid section. MB PDF file) at: http://antipolygraph.pdf Janniro. . Available on-line (. In his acknowledgments. “…I owe a debt of gratitude to the polygraph examiners I visited—and their complete inability to determine that I was lying to them. and polygraph test results should not be admitted into evidence in courts of law.” Miami Herald. he also introduces the dubious method of taking up smoking to reduce palmar sweating. Department of Defense Polygraph Institute. Joint Security Commission. () The Answer Man. The entire article may be downloaded in Adobe Acrobat (PDF) format ( MB) at: http://www. his account of the “anal pucker”. The protagonist of this thriller is a financially-strapped polygraph examiner who agrees to teach a criminal suspect how to pass a polygraph interrogation.org/documents/dodpi-interrogation. () “Cuban spy passed polygraph at least once. June. While those who wish to learn how to pass a polygraph “test” should not rely upon this novel. .pdf Jeffreys. Johansen’s treatment of polygraph countermeasures in Chapter  is largely accurate.” Johnson. Roy. () Redefining Security: A Report to the Secretary of Defense and the Director of Central Intelligence. .nopolygraph. “Interview and Interrogation. including. p. Tim.  March .  November . Johansen writes. the lie behind the lie detector countermeasures.com/validity. Daniel. Johansen. they may find it entertaining.  February .” () Fourth edition. However. A post-Cold War examination of government security policies . New York: Bantam Books. Michael J. DC. especially. Washington.

pp. and Donald J. ———— and Brooke A. “Peter S. () “Polygraph Program Underway at Energy.” The Washington Post. Available on-line at: http://www. Peter S.” we can confirm based on information from an informed source who wishes to remain anonymous that he works for the CIA. Vol. London” is a pseudonym.  February . Wen Ho with Helen Zia.  August .bibliography  and practices. Donald M. Ex-Associates Say.shtml Lee. () “A Case Study in PDD Countermeasures.  July . This article describes a case where an applicant for employment with the CIA admitted using polygraph countermeasures. Masters. While the main author is described only as “a federal polygraph examiner. A08. Toni. No. Available on-line in Adobe Acrobat (PDF) format at: http://antipolygraph. Krapohl.” Polygraph. () “Spy Suspect Had Deep Data Access.” USA Today. () My Country Versus Me. and describes the . -. Vernon.org/sgp/library/jsc/ Kerr. Locy.  (). Grassley dated  October . () Letter to Senator Charles E. p. () “Report: FBI has to do more to prevent moles. London. . Chapter 4 addresses polygraphy and Appendix C provides a separate statement of Commissioner Lapham on polygraph policy. Loeb.” The Washington Post. A01. p. . New York: Hyperion.org/hearings/senate-judiciary1997/kerr-letter.fas.

() Affidavit. Chapter  discusses polygraph countermeasures. Senate Committee on the Judiciary dated  July .org/articles/article-016.S. Chapter  provides a detailed discussion of the “Control” Question “Test. () “A Response to Paul M. Lykken discusses the history. Chapter  takes the reader through a sample polygraph interrogation. () A Tremor in the Blood: Uses and Abuses of the Lie Detector. the lie behind the lie detector bluff that the polygrapher (London) claims to have used to elicit the admission. theory. utility.org/statements/statement-002.shtml ——— () Letter to the U. This affidavit was filed in support of a request for a warrant to search the home of Dr. Michael W.shtml Maschke. Mark E.org/irp/ops/ci/lowe_affidavit. Wen Ho Lee. George W.” the most commonly-used polygraph format. Mallah. Available on-line at: http://antipolygraph.shtml . Available on-line at: http://antipolygraph. Available on-line at: http://antipolygraph. validity. A must read for anyone interested in polygraphy. .fas. In this wellannotated book. New York: Plenum Trade. David Thoreson.html Lykken. Available on-line at: http://www. () Statement. Menges Regarding the Ethical Considerations of Providing Polygraph Countermeasures to the Public. and social and legal implications of polygraphy. Lowe.  April . Chapter  covers Voice Stress Analysis.”  February .org/articles/article-029. Second edition. This article also provides charts from the polygraph interrogation.

. () “Ethical Considerations of Providing Polygraph Countermeasures to the Public. .shtml Annotated critique of the polygraph screening format adopted by the Departments of Defense and Energy. Juan A. No.”  December . et al. pp. Available on-line at: http://antipolygraph. Mateo. –. 98-74473.. Simeninni.” Brief filed in Tenenbaum v. .A.org/litigation/tenenbaum/ richardson-subpoena.org/articles/article-002.” Polygraph. .com Menges. Williamsville.  ().org/litigation/tenenbaum/ second-amended-complaint. 98-CV-74473-DT.mattepolygraph.” The Philadelphia Inquirer. () “Second Amended Complaint and Demand for Jury Trial. Case No. New York: J.Lie Detection.shtml ———— () “Memorandum in Support of Plaintiff’s Answer to Defendants’ Motion to Quash Subpoena Directed to Drew Richardson.shtml Matte. Vol. Mondics. et al. Available both as a printed book and on CD-ROM directly from the publisher at: http://www. A useful.” Complaint filed in Tenenbaum v. Forensic Psychophysiology Using the Polygraph: Scientific Truth Verification . Case No. () “FBI seeks to rebuild its image. Available on-line at: http://antipolygraph. Chris. Publications.M. Paul M.  May . James Allan. Available on-line at: http://antipolygraph.bibliography  ——— () “The Lying Game: National Security and the Test for Espionage and Sabotage. Simeninni. annotated reference work on polygraph techniques from a pro-polygraph viewpoint.

p.h tm . and John C. Letter to Holly Gwin. () “CIA Accused Of Systematic Antisemitism. DC: The National Academies Press.” The Washington Post.html National Research Council. Kircher. rd Congress.go v/hq/la b/fsc/backiss u/oct19 99/podlsny1.  (Oct. .cia.  Senate Document - Pursuant to Public Law .” The New York Times.nap.” Forensic Science Communications. () “China Spy Probe Shifts to Missiles.  October . A01. Vol. No.  of the Report of the Commission on Protecting and Reducing Government Secrecy. White House Office of Science and Technology dated  May . Available on-line at: http://www.org/Polygraph_Park. Robert L.edu/books/0309084369/html National Security Agency (). () “Liars Never Break a Sweat. Available on-line at: http://www. the lie behind the lie detector National Public Radio.fbi.html Pincus. John A.org/inside/press/990409. ). () “The Finapres (Volume Clamp) Recording Method in Psychophysiological Detection of Deception Examinations: Experimental Comparison With the Cardiograph Method.spse. Cited at p. Park. Reports NPR: Polygraph Test May Have Been Rigged in Effort to Oust Jewish Employee. Available on-line at: http://www.”  April . Walter and Vernon Loeb. Division of Behavioral and Social Sciences and Education. () The Polygraph and Lie Detection.  July . Washington. Podlesny. Committee to Review the Scientific Evidence on the Polygraph. Available on-line at: http://npr.

” American Psychologist. . Senate Committee on the Judiciary’s Subcommittee on Administrative Oversight and the Courts.org/hearings/senate-judiciary1997/richardson-statement. Available on-line in Adobe Acrobat (PDF) format (. Criminology and Police Science.C: U. November . () “Behavior Symptoms of Polygraph Subjects.” His warning has gone unheeded. Congress. Inbau. No. Scientific Validity of Polygraph Testing: A Research Review and Evaluation—A Technical Memorandum. .  (May-June ). () “Lying: Thoughts of an Applied Social Psychologist.S. . ‒. . Reprinted in Polygraph. Allen. ———— and Fred E.  ().. Available on-line at: http://antipolygraph.” Journal of Criminal Law. Vol. pp. No. Saxe. Baltimore: Williams & Wilkins Co. pp. Richardson. pp. () Opening Statement before the U. Arther.  ().  September . Leonard. Norman and Thomas B. ———— and Richard O. .S. –. Vol. –. Richardson of the FBI laboratory division warned the Subcommittee that polygraph screening “is completely without any theoretical foundation and has absolutely no validity. New York: Random House. MB) at: .shtml Dr. John E.” Polygraph. pp. No.  (). () Truth and Deception: The Polygraph (“Lie-Detector”) Technique. D. () Washington. () Spy Book: The Encyclopedia of Espionage. Vol. –. Vol. Drew Campbell. . OTA-TM-H15. Reid.bibliography  Polmar. () “Behavior Symptoms of Lie-Detector Subjects. Office of Technology Assessment. No.

November .” Available on-line at: http://www.s html Stewart.html or in HTML format at: http://www.mil/training/espionage/ Seper. Lawrence.org/sgp/othergov/polygraph/ota/index.shtml Stober. Available on-line at: http ://ant ipolyg raph. .edu/~ota/disk3/1983/8320. Sullivan. Stenbit. Available on-line at: http://antipolygraph. () Of Spies and Lies: A CIA Lie Detector Remembers Vietnam. Available from Amazon. . . Stüllenberg. Klaus with Susanne Stubbe and Bernhard Frevel.org/articles/article-034.princeton. Defense Security Service. Dan.” San Jose Mercury News. pp.” Esquire. In German. () “How to Beat the Lie Detector. () “Recent Espionage Cases: –. () “Freeh beefs up FBI’s security. .fas.  March .” memorandum dated  November . John F. Jerry. John P. New York: Simon & Schuster. A Convenient Spy: Wen Ho Lee and the Politics of Nuclear Espionage. .de. () “Continued Use of Polygraph Techniques. Lügendetektortest in Deutschland: Die Suche nach einer kriminalpräventiven Dimension (The Lie Detector Test in Germany: The Search for a Crime Prevention Dimension). () “Hearings Erode Case against Scientist.” The Washington Times. Münster: Stiftung Kriminalprävention. William Scott.  August .wws. .htm Security Research Center. Kansas: University Press of Kansas.o rg/doc uments/ stenbi t-poly graphmemo.dss. ———— and Ian Hoffman. . the lie behind the lie detector http://www.

Los Alamos National Laboratory.  September . Available on-line in Adobe Acrobat (PDF) format at: http://antipolygraph.  September .org/hearings/doe-1999/9-17hear. .bibliography  Turrou.org/hearings/doe-1999/9-14pmhea. Lawrence Livermore National Laboratory. Available on-line in Adobe Acrobat (PDF) format at: http://antipolygraph. Morning Session. Available online in Adobe Acrobat (PDF) format at: http://antipolygraph.  September . Chapter . .org/hearings/doe-1999/9-14amhea. (a) Transcript of public hearing on proposed polygraph regulation.shtml U. () Nazi Spies in America. Sandia National Laboratories. which describes what may well be the earliest use of the polygraph in an espionage investigation. Available on-line in Adobe Acrobat (PDF) format at: http://antipolygraph.pdf ———— (c) Transcript of public hearing on proposed polygraph regulation. Afternoon Session. DC. Department of Energy.  September .  September . is available on-line at: http://antipolygraph. New York: Random House. Lawrence Livermore National Laboratory. Washington.pdf .org/hearings/doe-1999/9-16hear.pdf ———— (b) Transcript of public hearing on proposed polygraph regulation.org/articles/article-027. Leon G.pdf ———— (d) Transcript of public hearing on proposed polygraph regulation.pdf ———— (e) Transcript of public hearing on proposed polygraph regulation. Available on-line in Adobe Acrobat (PDF) format at: http://antipolygraph.org/hearings/doe-1999/9-22hear.S.

S.” Polygraph. Vol.” Polygraph. No.htm http://www. Raymond J.  ().org/spp/starwars/congress/1999_r/cox/ U. No. and Investigating the Espionage Activities of Robert Philip Hanssen. “A Review of the FBI’s Performance in Deterring. Tim. House of Representatives.S.  ().” The New York Times.” August .htm Weiner.. Available on-line at: http://www. th Congress.  January . National Security and Military/Commercial Concerns with the People’s Republic of China. Senate Select Committee on Intelligence. Jr. DC: U.fas. -.S.gov/oig/special/03-08/final. A -page unclassified executive summary of this -page top secret report is available on-line in both HTML and Adobe Acrobat (PDF) format at: http://www.org/irp/congress/1994_rpt/ssci_ames. pp. Detecting. Weir. the lie behind the lie detector U. Washington. Vol. ———— () “Some Principles of Question Selection and Sequencing for Relevant-Irrelevant Testing. . Intelligence. Available on-line at: http://www. pp.usdoj. –. . () The Use of Polygraphs and Similar Devices by Federal Agencies. . .usdoj. () “In Defense of the Relevant-Irrelevant Polygraph Test.  ().S. . nd Session. Ames Espionage Case and Its Implications for U. () “Spies Wanted. Government Printing Office. Department of Justice. Reprinted in Polygraph. No.pdf U.gov/oig/special/03-08/index. –. ———— () Report of the House Select Committee on U.fas.S. () An Assessment of the Aldrich H. –.S. () Office of the Inspector General. Report No. pp. Vol.

shtml ———— () Prepared statement of Mark S.org/litigation/zaid/first-amendedcomplaint. For sale on-line at: http://www. Mark S. .” Available on-line at: http://antipolygraph. Zaid.com Wygant. Submitted to the U. –.shtml . () “How to Sting the Polygraph. District Court for the District of Columbia.” Chickasha. James.” Polygraph. () “Hypothetical Controls. Vol. Available on-line at: http://antipolygraph. No. .S. Esq.org/hearings/senate-judiciary2001/zaid-statement. pp. Oklahoma: Sting Publications. Douglas Gene. () First Amended Complaint filed  October  in U.bibliography  Williams. Senate Committee on the Judiciary at it’s  April  “Hearing on Issues Surrounding the Use of Polygraphs.  (). Zaid.S.polygraph.

boisestate.org.org AntiPolygraph.org AntiPolygraph. Honts of Boise State University provides studies on polygraph screening in Adobe Acrobat (PDF) format: http://truth. the lie behind the lie detector On-line Resources American Polygraph Association Back issues of the APA quarterly Polygraph and other APA publications may be ordered from this site: http://www. Updated versions of The Lie Behind the Lie Detector will be made available here: http://antipolygraph. Includes a message board.polygraphplace.fas.html Polygraph for Screening This web page maintained by Professor Charles R. is dedicated to abolishing polygraphy.org Federation of American Scientists Polygraph Resource Page Provides government documents as well as commentary on polygraphy: http://www.com . but that board is censored. Find out how you can help.html The Polygraph Place A website run by polygraphers for polygraphers.org/sgp/othergov/polygraph/index.polygraph. Posts that openly reject the validity of polygraphy are deleted: http://www.edu/raredocuments/screening. the publisher of this book.

Updated versions of The Lie Behind the Lie Detector will also be made available here: http://www.com Provides documentation of polygraph abuse. Secret Service.spse.S.bibliography  Society of Professional Scientists and Engineers Provides links to documents regarding the Department of Energy’s polygraph screening program: http://www.stoppolygraph.com .org StopPolygraph. especially by the U.

1. .0.About this book This book was designed on an Apple Macintosh Quadra 800 with 88 megabytes of RAM running MacOS 8.1. Main text is set in  on  Adobe Minion. Text was edited and formatted with Nisus Writer 5. The document was printed to a PostScript file from which an Adobe Acrobat file was produced using Acrobat Distiller 3.3 from Nisus Software.

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