FAS

OLC Says LBJ Memo Critical of Polygraph is Non-Binding

01.21.09 | 1 min read | Text by Steven Aftergood

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.

publications
See all publications
Global Risk
Blog
When the Climate Shifts, So Do the Pathogens (And So Should We)

As humans expand our geographic reach, encroach on untouched natural territories, and interact more with animal populations, we will encounter novel zoonotic diseases that threaten the human body. The sooner we act to address these risks, the better.

09.11.26 | 7 min read
read more
State & Local Innovation
Report
Before Breaking Ground: A Local Government Guide to Better Data Center Policy and Community Benefits

This report serves as a landscape assessment and toolbox from which local governments can negotiate an informed position when it comes to the levers available to them and includes a first-of-its kind analysis of eight executed community benefits agreements.

09.10.26 | 42 min read
read more
Government Capacity
Blog
Federal Data Help Communities Prepare for, Respond to, and Recover from Hurricanes. Data Terminations Will Make Them More Deadly.

When a hurricane hits, it’s all hands on deck – that goes for federal data, too. Pulling back from our investments in timely, accurate, and accessible public data will only make us less prepared and put us all at greater risk.

09.08.26 | 5 min read
read more
Government Capacity
Blog
The Public Health Cost of Eliminating Race and Ethnicity Data

This is bigger than a singular elimination of race and ethnicity questions. It could accelerate the second wave of widespread reductions to demographic data, leaving public health officials with even less information to deliver better health outcomes for all Americans. 

09.04.26 | 6 min read
read more