SECURITY CLEARANCE LAWYER B.DANIEL LYNCH

The Polygraph Examination: Forewarned is Forearmed

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Let's say you are a defense worker with a DoD clearance. You are offered an SCI or SAP position, and are therefore required to take a polygraph examination. Is there anything to be concerned about? Should you do anything to prepare? Should you consult with an attorney?

At the first session, the polygraph operator/interrogator may greet you in a friendly manner [his manual for polygraph interrogation may tell him to establish rapport with the Subject].

You should recognize that you are not dealing with a scientist conducting an objective test to determine your truthfulness by interpreting a chart of the reaction of your breathing, pulse, and sweating, to questions. He is trained like a police detective to use the polygraph as a tool to conduct an interrogation. Do not be surprised if the "good cop" changes his tactics [or is replaced by another operator/interrogator] to play the role of a "bad cop." Instead of
chatting amiably with you, he may put his face close to yours and bellow at you later in the session.

He may tell you not to be concerned about the answers you give, since they know that no one is perfect, but to tell the truth completely. He tells you to err on the side of overstating.

His job is to obtain admissions from you which may constitute violations under DoD or Intelligence Community Directive  [ICD] [formerly known as DCID] guidelines. Such an admission may not only prevent you from obtaining SCI or SAP access.  It may also be used to start the process to revoke your DoD clearance.

After or during the polygraph examination, he may tell you that there is an anomaly, a possible deception in one question or area, such as use of alcohol. He may advise you to exaggerate your answer in order to get past that part of the test.

An Applicant may be cajoled into overstating the fact that he sometimes drove after social drinking, leading to an allegation of violation of the Criminal Guideline. You should be aware that an admission suggesting driving while under the influence may violate the Criminal Guideline, even if there was no arrest, much less a conviction.

He may ask you whether there is any particular subject area that you are nervous about.

If you answer honestly that you are concerned, e.g., about watching pornography, or using drugs in college, or whatever, you have given him a direction to formulate further questions to try to establish violations of guidelines, and he will do so. You could well be nervous, knowing that polygraph reports are deemed so unreliable that they are inadmissible in evidence in any criminal trial in this country.

Keep in mind at all times that what the operator/interrogator is primarily looking for is not squiggles on a chart that he can interpret, but damaging admissions to establish conduct that he can claim to be in violation of one or more of the guidelines. His opinion as to the meaning of the polygraph chart will not cost you your DoD clearance (and therefore your job), even if you choose to terminate the polygraph examination, which you have a right to do at any time.

It has been said that the polygraph interrogation is an effective replacement for old style police "third degree" interrogation. But you will not be its victim if you are forearmed by knowledge of the real objective of the session, and of how to protect yourself.

B. Daniel Lynch, Esq.
B. DANIEL LYNCH LAW OFFICES
301 E. Colorado Blvd., Suite 709
Pasadena, CA 91101-1911
(626) 796-3182
1-877-839-2504 (toll free)
BDLLO@aol.com