NSAreject wrote on Mar 8
th, 2006 at 6:11pm:
Well, the SSO said, that if he/she gave advice on how
to beat the polygraph, that he/she could lose his/her
clearance, also. I am just repeating what I heard,
and I have heard it over and over again from SSOs.
I wonder, if they really believe this lie, or, if they are
running as scared, as the rest of us ? The whole deal
is one big lie. Having the polygraph definately helps
with job security, but at what personal expense. One
has to make a decision, whether it is worth being
consumed, by such a dysfunctional environment...
NSAReject,
I know for a fact that quite a few of the military folks at NSA know about this webSite and have used it on numerous occasions. Much to the shagrin of the vaunted NSA polygraph unit. I think that the SSO is basically a lame duck in this, as your not going to gut your personnel because of research. They can threaten all they want. but try telling the enlisted folks not to do something. Thats like opening the door and say come on in. I do believe the threats to be hollow at best. Not much he can do to control internet access off of Ft. Meade anyways. Just like in high school with class ditch day, everyone knew that you could get suspended, but no one did, because you can't expel a whole class. It should be interesting to watch this play out. Thanks for the update.
UCMJ Analysis:
First an article 32 investigation, highly doubt it would go beyond this. As nothing about researching polygraphy or forming an opinion is illegal. But if it did then they could try and prosecute under 2 possible articles in my analysis, there could be a couple of other ones, but these two seem the most likely candidates:
Article 107, UCMJ
FALSE STATEMENTS
Any person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
If the individual is honest and states he researched polygraphy that will nullify this one.
Then there is the catch all:
Article 134, UCMJ
GENERAL ARTICLE
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
This one would not be as hard to try and use it against a small number of folks. But experience tells me that trying to link this article to research of polygraphy on the internet would be quite a stretch. As long as the person is not trying to subvert the polygraph exam process. Its not against the law to research polygraphy, and its not against the law to not believe in the polygraph. Curiosity is not punishable, as long as its done without intent to circumvent the existing processes. Which boils down to them proving intent to do just this. Very hard case to prove. And this would definately make news media if its a large enough number of folks. And if I was going to defend on this one, I would use the media and definately let this one out to the public view. In the middle of a conflict its very bad form to try and do in your folks in uniform. They might try article 15's too, but if the person is smart they will not sign it and take it to a Court Marshall. But this is just my analysis and opinion, of course.
Regards !!