How can we get polygraphs banned for employment

[Doug Williams]

This is what I have been advocating for almost forty years!  I have always said that one of the best ways to stop the use of the polygraph is to sue the hell out of the polygraph thugs who abuse people with it. 

Here is one attorney, Mr. Gene Iredale, who just chalked up a BIG W for the victims who have been abused by the practitioners of this insidious Orwellian instrument of torture incorrectly referred to as a "lie detector".

Polygraph operators, read it and weep!     Polygraph victims, read it and rejoice! 

http://www.miamiherald.com/2014/05/07/4103242/dea-settles-suit-alleging-government.html#.U2p4lIUo9is.twitter

The lawsuit against the DEA for illegally administering polygraph examinations in direct violation of a federal law, the Employee Polygraph Protection Act, points out two things that I think merit much more scrutiny.  The first and most important is that this lawsuit pulls back the curtain and exposes the terribly intrusive and abusive tactics employed by polygraph operators – something I have been railing against since my testimony in congress in support of the EPPA in 1985.   The unconscionable actions of these polygraph operators are the very reason I have said that the use of this insidious Orwellian instrument of torture, aka the "lie detector" should be banned completely!   

Secondly, let's consider the case where federal employees were clearly violating a federal law – administering polygraph examinations in a deliberate and flagrant violation of the Employee Polygraph Protection Act!  There is no indication that anyone in Criminal Division Public Integrity Section of the DOJ – or anyone from the DOJ - did anything to investigate the criminal activity committed by federal employees.  These federal polygraph operators were engaged in criminal activity and obviously violated the federal law, but there is no indication that any investigation was conducted, no search warrants were issued, and no equipment or records were seized - nor were there any charges filed.  I wonder how many other federal polygraph operators have (and are still) engaged in this very same criminal activity, both on duty and off!  Where is the Criminal Division Public Integrity Section of the DOJ, and what, if anything, are they doing to investigate this ongoing criminal activity by these public officials?  What did the Inspector General of the DEA do?  Did anyone in authority do any investigation?  Is there going to be any prosecution for the criminal acts committed by these federal polygraph operators?

[pailryder]

Is there going to be any prosecution for the criminal acts committed by these federal polygraph operators?

Of course, I'm not a lawyer, but last I heard EPPA violations are civil not criminal violations.

[Doug Williams]

Is there going to be any prosecution for the criminal acts committed by these federal polygraph operators?

Of course, I'm not a lawyer, but last I heard EPPA violations are civil not criminal violations.

Public officials can be fined, and even jailed for violating federal regulations.  These federal polygraph operators are public officials and they should be held to account for willfully, and deliberately violating a federal statute!

[1st4th5thand6th]

Is there going to be any prosecution for the criminal acts committed by these federal polygraph operators?

Of course, I'm not a lawyer, but last I heard EPPA violations are civil not criminal violations.

Public officials can be fined, and even jailed for violating federal regulations.  These federal polygraph operators are public officials and they should be held to account for willfully, and deliberately violating a federal statute!

Doug, along these lines.(and in your personal opinion)..can individuals employed by the federal government,  who as a condition of that employment, swear an oath of office to uphold and defend the constitution of the United States...be prosecuted for violating their oath?   

Example, if Snowden  swears an oath to not divulge confidential information and does so - he's violated his oath and is considered a traitor by the United States...and can be prosecuted to the fullest extent of the law.

What happens when federal employees violate their oath???   

Specifically, what happens when federal letter agency polygraphers, their bosses, and their bosses, bosses,  who take this oath and then violate it (daily) by exempting themselves from it during the course of a polygraph interview and/or violate/ignore the constitutional rights of the candidates they are "interviewing"  during the interview...
..    
Using the lame excuse that candidates "volunteered"
via a signed a waiver ...does not grant a waiver to any federal employee of his oath... Nor does it grant them latitude to piss all over their candidates rights....   

What is the opinion of you and this board regarding this? 

[George W. Maschke]

Doug, along these lines.(and in your personal opinion)..can individuals employed by the federal government,who as a condition of that employment, swear an oath of office to uphold and defend the constitution of the United States...be prosecuted for violating their oath?

I don't think that failure to uphold and defend the constitution is a crime under the United States Code. Nor should it be. It's overly vague.

Example, if Snowdenswears an oath to not divulge confidential information and does so - he's violated his oath and is considered a traitor by the United States...and can be prosecuted to the fullest extent of the law.

Snowden didn't swear an oath not to divulge confidential information. His oath was to support and defend the constitution, not government secrets. He did, as others with security clearances do, sign an agreement not to disclose classified information without authorization.

What happens when federal employees violate their oath???

Typically, nothing.

Specifically, what happens when federal letter agency polygraphers, their bosses, and their bosses, bosses,who take this oath and then violate it (daily) by exempting themselves from it during the course of a polygraph interview and/or violate/ignore the constitutional rights of the candidates they are "interviewing"during the interview...
..
Using the lame excuse that candidates "volunteered"
via a signed a waiver ...does not grant a waiver to any federal employee of his oath... Nor does it grant them latitude to piss all over their candidates rights....

What is the opinion of you and this board regarding this?

The courts have not held polygraph screening to be unconstitutional. While I think that those who choose to conduct polygraph screening have made a poor ethical choice, I think they are generally well-meaning, and I wouldn't accuse them of violating their oaths to support and defend the constitution.

That said, I think that polygraph screening is fundamentally unfair and inconsistent with humanist values.