OLC Says LBJ Memo Critical of Polygraph is Non-Binding
The outgoing head of the Bush Administration Office of Legal Counsel took the time to issue an opinion (pdf) last week stating that a forty-year-old memorandum issued by President Lyndon B. Johnson limiting use of polygraph tests is not binding on executive branch agencies today.
The Johnson memorandum had stated that in order “to prevent unwarranted intrusions into the privacy of individuals[,]… use of the polygraph is prohibited” in the Executive Branch, with three “limited exceptions.”
But in a 12-page OLC opinion dated January 14, 2009, Steven G. Bradbury concluded that the Johnson memo was never formally issued, that it was contradicted by subsequent actions and that in any event it is not binding on executive branch agencies today.
The OLC memo was previously noted by polygraph critic George Maschke of Antipolygraph.org, who also posted a copy of the LBJ memo on polygraph testing.
Given the rapid pace of AI advancement, a proactive effort triumphs over a reactive one. To protect consumers, workers, and the economy more broadly, it is imperative that the FTC and DOJ adapt their enforcement strategies to meet the complexities of the AI era.
To encourage greater adoption of generic drugs in clinical practice the FDA should implement a dedicated regulatory pathway for non-manufacturers to seek approval of new indications for repurposed generic drugs.
The increasing frequency of extreme weather events, which caused over $200 billion in global economic losses in 2023, is disrupting global supply chains and exacerbating migration pressures, particularly for the U.S. Investing in climate resilience abroad offers a significant opportunity for U.S. businesses in technology, engineering, and infrastructure, while also supporting job creation at home.
Early-career and out-of-state teachers tend to be most heavily concentrated in Alaska’s rural schools, where they face a steep curve in adjusting to a new way of life while learning the ropes of teaching.