Global war on terrorism: polygraph—an intelligence tool

Military Intelligence Professional Bulletin, July-Sept, 2003 by Joe Don Castleberry

On 31 March 1998, in United States v. Scheffer (1) a divided U.S. Supreme Court held that either side could ban the results of a polygraph examination from use in a criminal trial because there is no consensus that polygraph evidence is reliable. The Court found that the scientific community and the state and federal courts are extremely polarized on the matter. Five of the concurring and dissenting justices noted that:

   There is much inconsistency between
   the Government's extensive
   use of polygraphs to make
   vital security determinations, and
   the argument it made in that case
   stressing the inaccuracy of these
   tests.

The majority of the Court found nothing inconsistent, however, in the Government's use of the polygraph for personnel screening and as a tool in criminal and intelligence investigations because, it said, such limited out-of-court uses of polygraph techniques differ in character from, and carry less severe consequences than, the use of polygraphs as evidence in a criminal trial.

The Court noted that between 1981 and 1997, the Department of Defense (DOD) conducted more than 400,000 polygraph examinations. Justice John Paul Stevens in a dissenting opinion supported its use by DOD, because, he said, its polygraph examiners were trained at its own Polygraph Institute, "which is generally considered the best training facility for polygraph examiners in the United States." The Supreme Court's opinion has put to rest any argument against the continued use of this technique as a tool in national security investigations.

The Army Leads the Way

The Polygraph Branch, 310th Military Intelligence (MI) Battalion, conducts counterintelligence (CI) scope, polygraph screening examinations in support of DOD Special Access Programs, the Department of the Army (DA) Cryptographic Access Program, and the National Security Agency (NSA) on a routine basis. In addition, polygraphers conduct operational examinations in support of offensive CI operations, CI and counterespionage (CE)investigations, and counterintelligence force protection source operations (CFSO). With the current Global War on Terrorism and other significant events occurring throughout the world, the mission continues to increase. During the last fiscal year, the Branch conducted more than 1,100 CI-scope polygraph screening examinations and nearly 70 operational examinations. These numbers will likely increase dramatically in the near future.

The Army will continue to lead the way when using polygraphs in the tactical arena. U.S. Army examiners were the first polygraph personnel to go to Guantanamo Bay, Cuba, and Kandahar and Bagram, Afghanistan, pursuant to the war on terrorism and the search for Osama bin Laden (see Figure 1). While other agencies waited to see if polygraph examinations would yield favorable results in such an environment, Army examiners proved they could, conducting sensitive examinations to determine the veracity of information reported by known or suspected Taliban and al-Qaeda members. In one instance, use of the polygraph nullified a significant biological weapons threat while in another it aided the State Department by clearing one of our allies of direct involvement with al-Qaeda. It has also cleared some individuals of direct involvement with al-Qaeda and allowed commanders to employ available assets better.

Expanding Use of the Polygraph

As an investigative aid, the polygraph has helped investigators in closing many investigations. In cases where the Army requested a polygraph test, the polygraph examinations have either proven or nullified numerous allegations. This has led to a significant increase in the number of requests received by the 310th MI Battalion. In the screening environment, use of the polygraph has identified numerous security concerns and possible threats on a continual basis; on several occasions, examinees have admitted to having classified or sensitive information outside government control. The polygraph has identified these potential threats and led to recovery of the information.

The DOD is continuing to expand the use of the polygraph because of its proven benefit. The 902d MI Group's polygraph examiner personnel strength may increase from the current ten examiners to twenty-five in the next five to ten years. This includes adding various programs and requiring even more polygraph examinations in those areas where intelligence is susceptible. The U.S. House Permanent Select Committee on Intelligence recently concluded that the polygraph was one of the best tools available to safeguard intelligence information. It is another tool that commanders can use to safeguard information. This has many looking at expanding its uses to other jobs within the military where leaks can occur.

Conclusion

The polygraph is still one of the best, and sometimes the only, means available to determine the veracity of information. In the tactical environment, the Army has proven to be the expert in its employment. However, we still have a long road ahead. We need to educate those in the tactical environment better on the uses and benefits of polygraph examinations, clearly spelling out the ways in which the examiners can benefit the command. Branch personnel currently teach a two-hour block of instruction to the CFSO Course and Officers CI Course (35E) at Fort Huachuca, Arizona, on a recurring basis. Examiners also furnish tailored instruction to units throughout the continental United States when requested. Polygraph examination, like any other specialty, cannot be learned overnight and our experienced examiners are an invaluable asset that we must protect.