Polygraph Use In Security Clearance Cases

A decision cannot be made based solely on a polygraph interpretation that the subject is not telling the truth. However, reports of "countermeasures" or other actions interpreted to defeat the polygraph can support an adverse determination.  Knee-jerk reliance on polygraphs without affording the adversely affected subject the information necessary to mount a proper challenge to the polygrapher’s findings violates due process. E.g, ISCR Case No. 02-12199 (Jan. 3, 2005); ISCR Case No. 97-0817 (Feb. 21, 1997). The first case may be found at http://www.defenselink.mil/dodgc/doha/industrial/02-12199.h2.html

Disappointed security clearance applicants facing adverse polygraph results may be comforted, albeit scarcely, by the information available on the internet on the (un)reliability of polygraphs as the definitive tool for ferreting out the truth. E.g., http://skepdic.com/polygrap.htm , http://www.salon.com/april97/news/news2970410.html , http://www.spse.org/Polygraph_links.html . The Washington Post has published three articles in the last several years, two quite recently, taking aim at over-reliance on polygraphs. See:

http://www.washingtonpost.com/ac2/wp-dyn?pagename=article&contentId=A42267-2003May26 ,

http://www.washingtonpost.com/wp-dyn/content/article/2006/06/19/AR2006061901415.html and 

http://www.washingtonpost.com/wp-dyn/content/article/2006/04/30/AR2006043001006.html

We believe that the over-reliance on polygraphs is simply a symptom of a tendency of human nature to search for simple answers to complex questions, and of a bureaucratic tendency to look for boxes that can be checked and once having checked such boxes to move on to the next matter without deliberate thought or due care for the individual or the case. We have found, however, that the more senior decisionmakers in the reviewing process are capable of exercising proper judgments and do so when cases are properly presented. Although courts are notoriously reluctant to involve themselves in the security clearance evaluation, we also believe that should the senior decisionmakers experience a change of heart in the future, this will be a fruitful area for involvement of the courts.

If you believe that your clearance has been unfairly revoked or denied due to bad polygraphy or improper over-reliance on polygraph testing we can help.