“The Skinny on American Intelligence & the Law” – with D.C. “Super Lawyer” Mark Zaid

Effectiveness

The effectiveness of polygraphs in the intelligence community is a contentious issue. Mark Zaid explains that polygraphs are not truth-telling devices but rather measure physiological responses like blood pressure and heart rate 1. Despite their limitations, they are used to weed out applicants, although they rarely identify foreign spies. Zaid shares an anecdote about a criminal who was tricked into confessing by a fake polygraph machine, highlighting the tool's reliance on the examiner's skill 1.

The skill and use of a polygraph, which there is utility, is the skill of the examiner as an interrogator.

--- Mark Zaid

He also notes that polygraphs can secure admissions from individuals who believe in their effectiveness, despite their questionable reliability 2.

   

Controversies

Controversies surrounding polygraph use in intelligence often stem from their perceived unreliability. Andrew Hammond questions why polygraphs are still used despite frequent doubts about their accuracy 2. Zaid reveals that many applicants, particularly for FBI positions, fail polygraphs and seek his assistance, highlighting the aggressive nature of the FBI's polygraph program 3.

The FBI has a very aggressive polygraph program for pre-employment.

--- Mark Zaid

He argues for due process when polygraph results impact employment, as physiological responses alone should not determine job eligibility 2.