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.
Confirmation that the construction of the security perimeter and associated security infrastructure at RAF Lakenheath are still ongoing once again raises questions about whether U.S. nuclear weapons have already been deployed to the base.
Alaskans are sensibly pulling back from the vogue for bans and returning to a western tradition that has worked for more than half a century – one that welcomes innovation but also oversees it closely.
The strength of our nation’s data policy isn’t just in the rules we write, but in how effectively we translate those rules into a system that prioritizes the public good. Join us in this movement to design and build more resilient national data policies.
The human cost is measured in deaths. The financial cost is measured in the $52 billion taxpayers pay annually end stage renal disease – double NASA’s budget.