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Very Hot Topic (More than 25 Replies) DIA's Insider Threat Program (Read 17985 times)
Wandersmann
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Re: DIA's Insider Threat Program
Reply #180 - Aug 9th, 2017 at 12:20am
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John M. wrote on Aug 1st, 2017 at 5:55pm:
It also prohibits taking unfavorable actions against an individual based solely on the polygraph "results".


They get around this requirement with ease.  During the hours long browbeating sessions that usually accompany the polygraph test, they'll find one little inconsistent or contradictory statement and fire the victim using the catch-all phrase lack of candor.  The East Germans and Soviets used the catch-all phrase counterrevolutionary activities

The only difference between the Soviet and Stasi thugs and these modern-day American polygraph traitors is that the Stasi/Soviet victims were sent to Hohenschönhausen or the Gulag and today's American polygraph victims lose their livelihood and reputation.  We don't have it as bad, but considering what America is supposed to be all about, it's as bad as it can get. 

Hopefully the Stasi/Soviet criminals will rot in the same Hell with our polygraph examiners and affiliated security officials.   Angry
  
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John M.
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Re: DIA's Insider Threat Program
Reply #181 - Aug 9th, 2017 at 12:55pm
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Wandersmann wrote on Aug 9th, 2017 at 12:20am:
They get around this requirement with ease.

So far they have.  I promise you - there will come a day very soon that this abuse will be exposed and those responsible will finally be held accountable.

  

"The polygraph examination is a supplement to, not a substitute for, other methods of investigation.  No, unfavorable administrative action shall be taken based solely on its results."  ~ DODI 5210.91.
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Wandersmann
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Re: DIA's Insider Threat Program
Reply #182 - Aug 9th, 2017 at 9:06pm
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John M. wrote on Aug 9th, 2017 at 12:55pm:
So far they have.  I promise you - there will come a day very soon that this abuse will be exposed and those responsible will finally be held accountable.

Good to hear.  Between you, Doug Williams, and George Maschke, I hope something happens soon.  Many victims who have lost their livelihood are hanging on by a thread.  A change in this horrible situation will not improve their financial status, but might enable them to find employment commensurate with their background.
  
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John M.
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Re: DIA's Insider Threat Program
Reply #183 - Sep 2nd, 2017 at 4:56pm
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Here is DIA's official rationale for taking unfavorable administrative actions against me.  The "mitigation strategy" included taking away 1) my access to classified information,  2) my employment and assignment to USSOCOM and 3) forcing me to make a permanent change of station to DC.

[Complainant] was informed that his “inability to successfully complete the counterintelligencescope
polygraph examination, which is a basic security requirement for all DIA employees,
presents a security vulnerability that must mitigated.” McIntosh pointed out that although
Complainant’s “inability to pass examination does not - on its own – suggest that [he was] a risk
to national security,” his inability to successfully complete the counterintelligence-scope
polygraph examination presented “a vulnerability that must be considered and properly
mitigated’ and that the “mitigation strategy implemented [was] designed to better protect
national security while giving” Complainant the opportunity to eliminate the vulnerability.

Even more disturbing is that DIA has (thus far) been able to get away with this abuse - in direct violation of DOD's authority.
  

"The polygraph examination is a supplement to, not a substitute for, other methods of investigation.  No, unfavorable administrative action shall be taken based solely on its results."  ~ DODI 5210.91.
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John M.
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Re: DIA's Insider Threat Program
Reply #184 - Sep 2nd, 2017 at 5:15pm
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In February 2014, I received a favorable security clearance determination by DIA's Central Adjudication Facility.

"McCord went on to inform Complainant that a favorable security clearance determination had been made on the basis of Complainant’s decision to seek mental health care and comply with treatment recommendation. Id. Complainant was advised to report to the Agency any changes in his condition, diagnosis, treatment, prognosis, or incidents arising therefrom. Id."

But inexplicably, in April 2014, SOCOM (influenced by DIA's Insider Threat Program) does this:

"Lieutenant General John Mulholland (“Mulholland”) Deputy of Co-Agency USSOCOMM had lost confidence in Complainant’s ability to continue to serve at USSOCOMM due to Complainant’s inability to successfully complete the PCAs.  As a result of Mulholland losing confidence in Complainant’s ability to continue working at USSOCOM, Stephen Norton (“Norton”) the Agency’s Director of Security and Steven McIntosh (“McIntosh”) Insider Threat Program Coordinator decided to reassign Complainant from USSOCOM to the Agency’s Headquarters. Id; see also 356. By memorandum dated May 21, 2014, McIntosh informed Complainant of a Reassignment Action.

Did these individuals know what they were doing was in violation of approved and relevant regulations?  Probably, because I have evidence that they have done it to others in the past and got away with it.  No one is capable of stopping them - yet.
  

"The polygraph examination is a supplement to, not a substitute for, other methods of investigation.  No, unfavorable administrative action shall be taken based solely on its results."  ~ DODI 5210.91.
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John M.
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Re: DIA's Insider Threat Program
Reply #185 - Sep 13th, 2017 at 1:38am
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My EEOC case was decided (wrongly) on August 23, 2017, with the honorable William Rodriguez rendering a decision in favor of the Agency.  I'm working on the appeal now.

The Judge wrote, “It is not for the Commission to review and decide whether the criteria required to obtain and maintain a Top Secret Security Clearance could be set aside when an employee is unsuccessful in completing the required criteria.  In essence, the anti-discrimination statutes were not intended to give the Commission the authority to substitute its judgement for that of the Agency.  Complainant is a qualified disabled individual under the Rehabilitation Act in that he could perform the essential functions of an Intelligence Analyst without successfully completing a polygraph, just not at the Agency or Co-Agency when a security clearance like the one he lost is required.”

Well, they took the clearance that was required because I didn’t “pass” the polygraph.  The judge also fails to acknowledge that DODI 5210.91 prohibits them from taking my clearance in the first place based solely on the polygraph “results”.  Instead, he sides with the abusers and the abuse is allowed to continue.

Due to testimonies from senior officials, and without any corroboration from an independent source, the Judge declared that the Agency had in fact, been in full compliance with DODI 5210.91 and met its burden of providing me reasonable accommodations - by allowing me to keep my job - even though it was 1,000 miles away.

In fact, the judge even misquotes the regulation.  He justifies the actions by incorrectly stating: “An employee who refuses to take or is unable to successfully complete PCA’s may be denied access to the handling of classified information.”  This is especially not true.  In enclosure 4, paragraph 6 (p. 22) the application is for determining initial eligibility for access, not for continuing access.  I was performing in my job - with the clearance - for nearly 14 years.  Section 7 of the same enclosure directs that they may temporarily suspend my access and deny assignment or detail that is contingent on such access, based upon a written finding.  There never was any sort of written finding in my case.  It also goes on to direct that such temporary suspension of access may not form the part of any basis for an adverse administration action or an adverse personnel action.

It is indisputable material fact that the Agency and the Command have violated key elements of DODI 5210.91 as well as my civil rights in this case.  In addition to the obvious disparate treatment, the Agency has defamed my character and denied me due process.  I have previously complained to my supervisory chain-of-command, the USSOCOM OIG, the DIA OIG, the DOD OIG, the IC OIG and even my Congressman and Senators.  All have thus far been unable, or unwilling to condemn those involved, or to stop the abuse.  As a result, I am being denied benefits and compensation for the abusive actions that were taken against me.

I vowed from the beginning to expose this evil abuse to the highest levels possible.  I had no idea it would take so long to reach those levels.
  

"The polygraph examination is a supplement to, not a substitute for, other methods of investigation.  No, unfavorable administrative action shall be taken based solely on its results."  ~ DODI 5210.91.
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John M.
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Re: DIA's Insider Threat Program
Reply #186 - Sep 13th, 2017 at 6:51pm
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Please see the attached for incriminating evidence of what's going on at DIA.

Smoking gun?
  

McIntosh_interrogatory.pdf ( 1448 KB | 46 Downloads )

"The polygraph examination is a supplement to, not a substitute for, other methods of investigation.  No, unfavorable administrative action shall be taken based solely on its results."  ~ DODI 5210.91.
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John M.
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Re: DIA's Insider Threat Program
Reply #187 - Sep 30th, 2017 at 5:32pm
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Question - If according to the EPPA it is illegal, and a violation of individual rights to use the polygraph against someone, why in the world does the government have an exemption?
  

"The polygraph examination is a supplement to, not a substitute for, other methods of investigation.  No, unfavorable administrative action shall be taken based solely on its results."  ~ DODI 5210.91.
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Re: DIA's Insider Threat Program
Reply #188 - Sep 30th, 2017 at 6:24pm
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John M. wrote on Sep 30th, 2017 at 5:32pm:
Question - If according to the EPPA it is illegal, and a violation of individual rights to use the polygraph against someone, why in the world does the government have an exemption?


I wasinvolved in working for passage of the EMPLOYEE POLYGRAPH PROTECTION ACT. In fact I was given the VOLUNTEER ADVOCATE award by the ACLU  for being "the one person most responsible for the passage of the EPPA".   We had to allow the exemption for the government to continue to use the polygraph and order to get the law passed. But senators Hatch and Kennedy along with representative Pat Williams – authors of the Senate and House bills – we're convinced that the government would scale down the use of the polygraph when they saw the evidence we presented in the hearings. Unfortunately, this turned out not to be the case.
  

It is time to put a stop to this government sponsored sadism perpetrated by those who use this insidious Orwellian instrument of torture called the 'lie detector'!  Education is the most effective weapon I have to finally put a stop to the abusive practice of polygraph 'testing'.  Help me by educating yourself and others.  My book FROM COP TO CRUSADER: THE STORY OF MY FIGHT AGAINST THE DANGROUS MYTH OF "LIE DETECTION" is available on Amazon in e-book or paperback - please get this book and send it to as many people as you can - it literally destroys the myth of "lie detection"!  Doug Williams
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John M.
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Re: DIA's Insider Threat Program
Reply #189 - Sep 30th, 2017 at 8:36pm
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Doug Williams wrote on Sep 30th, 2017 at 6:24pm:
We had to allow the exemption for the government to continue to use the polygraph and order to get the law passed.

God Bless you Doug. Your efforts have helped save the lives and careers of countless innocent individuals.  You are indeed a hero and deserving of many more awards.

So, if I get this straight, the EPPA provides certain exemptions. Like for the government - to allow them to "administer" the polygraph machine.  But doesn't the Act also have restrictions on the use of exemptions (Sec. 8, a. and b. 1. d.)?

Why aren't government employees given the same rights as all other citizens?
  

"The polygraph examination is a supplement to, not a substitute for, other methods of investigation.  No, unfavorable administrative action shall be taken based solely on its results."  ~ DODI 5210.91.
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Re: DIA's Insider Threat Program
Reply #190 - Oct 1st, 2017 at 7:56pm
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Doug Williams wrote on Sep 30th, 2017 at 6:24pm:
We had to allow the exemption for the government to continue to use the polygraph and order to get the law passed. But senators Hatch and Kennedy along with representative Pat Williams – authors of the Senate and House bills – we're convinced that the government would scale down the use of the polygraph when they saw the evidence we presented in the hearings. Unfortunately, this turned out not to be the case.


As  Otto v. Bismarck was purported to have once remarked, one should never examine too closely the making of neither sausages nor laws! Wink
  

"When polygraphs are outlawed, only outlaws will use polygraphs"
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John M.
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Re: DIA's Insider Threat Program
Reply #191 - Oct 20th, 2017 at 5:39pm
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I complained about the unfavorable administrative actions that were taken against me based solely on the results of the polygraph to my chain of command.  Then, I went to the SOCOM IG.  I told them that the Command had improperly removed me from my duty section, suspended all my accesses, and was involuntarily reassigning me to an unclassified position 1,000 miles away.  He told me that since I was civilian, he couldn't help me.  Instead, I would need to address it with my Agency's OIG.

Attached is my initial complaint to the DIA OIG.
  

"The polygraph examination is a supplement to, not a substitute for, other methods of investigation.  No, unfavorable administrative action shall be taken based solely on its results."  ~ DODI 5210.91.
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John M.
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Re: DIA's Insider Threat Program
Reply #192 - Oct 20th, 2017 at 5:40pm
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This was their lame-ass response.....
  

DIA_IG_Email_-_Howell_5-27-2014.pdf ( 373 KB | 34 Downloads )

"The polygraph examination is a supplement to, not a substitute for, other methods of investigation.  No, unfavorable administrative action shall be taken based solely on its results."  ~ DODI 5210.91.
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John M.
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Re: DIA's Insider Threat Program
Reply #193 - Nov 28th, 2017 at 7:56pm
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This is the SOCOM reply to an "Action Referral" request from the DOD IG related to my Case #20140723-026622.

They are admitting to violating DOD regulations - and then they turn around and blame it on DIA:

-----Original Message-----

From: //REDACTED//
Sent: Tuesday, September 30, 2014 11:11 AM
To: //REDACTED//
Subject: RE: DoD IG Action Case 20140723-026622-CASE-04 (FOUO)
THANKS
I am unsure of what DOD IG is asking but here goes. USSOCOM has reviewed these documents and believes it is a DIA issue since he is a DIA employee. SOCOM follows DIA guidance when it comes to the polygraph test. If an individual fails it several times, SOCOM suspends their access and moves them out of the secured area. The case is reviewed by DIA's General Counsel and Security Chief for disposition.
Let me know if this answers the questions.
THANKS

During initial hearings in my EEO case, DIA tried to get SOCOM removed from the complaint.  The judge determined rightly that they should not be removed, as they were primarily responsible for initiating the abuse in the first place.

Attached is the DOD IG case summary, which ever so succinctly, exposes the truth behind my allegations.
  

DOD_IG_Hotline_Summary.pdf ( 1387 KB | 34 Downloads )

"The polygraph examination is a supplement to, not a substitute for, other methods of investigation.  No, unfavorable administrative action shall be taken based solely on its results."  ~ DODI 5210.91.
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John M.
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Re: DIA's Insider Threat Program
Reply #194 - Jan 10th, 2018 at 11:32pm
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Ex Member wrote on Mar 16th, 2017 at 10:01pm:
Was "polygraph" mentioned in your disability paperwork?

Going back through this thread, it is amazing how detailed this abusive practice has been laid out.  It is equally astounding that no one (as of yet) has been able to make it stop.

When Arkhangelsk (now "ex member") asked me if "polygraph" was mentioned in my disability paperwork, I said no - but in reality, the approving authority said "see medical evidence".  This medical evidence are evaluations from a licensed psychologist and a board certified psychiatrist. 

These medical reports state that "patient's severe anxiety disorder was triggered by a required polygraph examination (a requirement for the security level of his employment) and exacerbated by repeated polygraph examinations.  The patient was removed from his position and subjected to further repetitions of traumatizing polygraph examinations.  The required polygraph examination had become the traumatizing stimulus which, with inescapable repetition, intensified the patient's anxiety disorder."

Also, "At the present, the patient's acute anxiety disorder and depression appear to be a result of his being repeatedly subject to a traumatizing set of stimuli (polygraph examination with verbal interrogation), which he could not refuse or avoid, for fear of losing his employment. With each unavoidable repetition of the polygraph examination his stress responses and depressive affect cascaded to the point in which he cannot effectively function. Patient is acutely anxious, suffers moderate to severe depression and has suffered a acute insult to his self-esteem. The traumatizing events outlined above have caused the patient to suffer many emotional and physical losses."

I applied for Workers' Compensation at the same time that I applied for Disability Retirement - my Workers' Compensation claim was just recently denied because they determined that I was not injured in the performance of duty.

The OWCP also went on to say that this was all just "an administrative function of my employing agency and administrative actions by the agency can only be compensable if you prove that the employing agency erred or abused their discretionary authority beyond your mere perception".

Approved and relevant DOD and DIA regulations stipulate that when individuals are considered medically, psychologically, or emotionally unfit to undergo an examination, they should be exempted from testing.  I had provided extensive documentation to them regarding my conditions (which has been acknowledged), yet they made me endure hours and hours of additional interrogations and polygraphs.

Is this my mere perception, or did they in fact commit error and abuse their authority?
  

"The polygraph examination is a supplement to, not a substitute for, other methods of investigation.  No, unfavorable administrative action shall be taken based solely on its results."  ~ DODI 5210.91.
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