There is a troubling conviction in Alexandria, Virginia where Chad Dixon has been sentenced to eight months in jail for training people how to pass top-secret security polygraphs. The Administration prosecuted Dixon, a former Little League coach, obstruction and wire fraud for teaching between 70 and 100 people how to get past lie detector tests. He was paid $1000 a day and the Justice Department labelled him a “master of deceit.” However, if other people are actually giving false information or gaming the system, the question is whether this should be treated as a protected form of speech. It raises many of the same issues as the prosecution of people who encourage or advice others on how to commit suicide. [The picture is a file image of a test and not associated with Dixon or these underlying charges]
Polygraphs are not allowed into federal trial due to the view that they are not reliable as forms of evidence and too prejudicial for a jury. I have handled a number of polygraph cases and it has been very troubling to see how the federal government uses the tests to intimidate people and often misrepresents the results to try to get people to confess to crimes. In one case, the FBI polygrapher admitted that he was using the tests as an interrogation technique. The conditions for the tests were entirely improper and the results were equally unreliable but the subject did not know that.
Dixon appears to have done a brisk business with government job applicants seeking jobs with clearances. The prosecutors argued that his clients include child molesters, intelligence employees and law-enforcement applicants.
The sentence was imposed by U.S. District Judge Liam O’Grady (who I briefly served with as co-counsel in the Nicholson espionage case before he joined the bench). The Justice Department wanted two years in prison after Dixon, 34, pleaded guilty to charges of obstruction and wire fraud. Notably, O’Grady acknowledged that the case fell into “gray areas” of constitutional law and noted that “there’s nothing unlawful about maybe 95 percent of the business he conducted.”
I am troubled by the prosecution. This seems to me to be speech protected under the first amendment. People came to Dixon for advice on how to face these tests. Those individuals can always be prosecuted under provisions like Section 1001 covering “whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government . . . makes any materially false, fictitious, or fraudulent statement or representation.” However, Dixon did not make false statements to the government; he told people what to expect and how they could avoid disclosures or negative results. They then decided to take that information and use it to try to fool the tests.
In a federal sting, Dixon advised one undercover agent posing as the brother of a violent Mexican drug trafficker to withhold details during a polygraph for a U.S. Customs and Border Protection job. Even if he counseled to withhold information, he was not the one who committed the act of fraud or any false statement.
I respect O’Grady’s sensitivity toward the constitutional issues, but the implications of this case are sweeping and disturbing. Under this theory, there are a host of websites and public interest organizations that could be accused of fraud or obstruction in advising illegal immigrants, whistleblowers, and others in their dealings with the government. It creates a classic slippery slope for criminalized speech. This Administration failed to criminalize speech in the “Stolen Valor” cases but now appears to be pursuing an entirely new angle for such criminalization. In United States v. Alvarez, No. 11-210, the Court held 6-3 that it is unconstitutional to criminalize lies — in that case lying about receiving military decorations or medals. In that opinion, the Court noted:
Were the Court to hold that the interest in truthful discourse alone is sufficient to sustain a ban on speech, absent any evidence that the speech was used to gain a material advantage, it would give government a broad censorial power unprecedented in thisCourt’s cases or in our constitutional tradition. The mere potential for the exercise of that power casts a chill, a chill the First Amendment cannot permit if free speech, thought, and discourse are to remain a foundation of our freedom.
The same chilling effect is created in the Dixon prosecution in my view.
By the way, while the Holder Justice Department has no tolerance for people who encourage others to lie on a lie detector test, it is perfectly find with an official who virtually admits to committing perjury before Congress. In the case of National Intelligence Chief John Clapper, the man who admitted to lying before Congress on surveillance programs , the Obama Administration is not even interested in opening an investigation. After all, he just lied to the American people and to Congress.
Source: Seattle Times
Police investigators routinely lie and tell suspects that they failed a lie detector test when in fact this was not true.But, of course, these police liars are never prosecuted for their deceptions. A polygraph machine does NOT detect falsehoods but only measures bodily reactions which may simply be the product of stress and anxiety rather than deception
What people are seeing here is not the whole story about the person who was charged and convicted. He did NOT start this whole business to supplement his income when he couldn’t gain work as an electrical contractor…he got started in this business to protect himself from being investigated and charged with sexual misconduct with 3 minor females in 1999-2000. Additionally, if one were to get to know him on an up close and personal level or to even do some searching and investigating on their own, one might be able to fit him into the category of a sociopath. There are many lies in his interviews and testimony, perhaps because this man has NEVER told the truth in his adult life unless he would benefit from doing so. He was NEVER a little league coach in Indiana…he merely stands by the fence and coaches from the sidelines. He didn’t lose his house because of this mess, the house wasn’t even his…it was his ex-girlfriend’s house and he and his new girlfriend were living in it at the time the federal investigation ensued…the house was already being foreclosed on and is presently in sheriff’s sale status in Grant County, Indiana under the ex-girlfriend’s name. He may say that he takes care of his 4 children but the truth be known…he only pays support for the oldest 2 children when the court sends him a letter threatening him with contempt. His character references that were included in his defense statement are questionable…if one wanted to do a little research, they would find that perhaps some of those individuals writing a character statement may not be the most honest people themselves. Perhaps the prosecution should have done their part and asked for counter-character references to discredit the glowing bullshit the others spewed to support their friend, huh? And did he learn a lesson? NO…I recently reviewed a Facebook comment on his page where he referred to his actions as being a “petty obstruction” charge…This man knew he was aiding and abetting criminals in their criminal activities all along…and he earned good CASH money for doing so…
Do I believe that the government engages in overreach? YES I do…Do I believe that our Rights are important? YES I do…but when the rights of a person are used to avoid what should be prosecuted, we have to draw the line and protect our children and our national security. This is a case where the perpetrator crossed the line.
While I mostly agree with your sentiments and strong views on the First Amendment, I agree with the judge’s finding that 95% was probably okay, but the other 5% was criminal. I do not believe that instructing someone on how to break the law should make one immune to prosecution for aiding and abetting or conspiracy on First Amendment grounds. In the “sting,” he advised the brother of a violent drug trafficker how to lie to the government so he could obtain a border protection job. I don’t see that as protected free speech. I agree with your concerns about the reliability of polygraphs and their improper use by employers generally and the government in particular. So I would find a course on the unreliability of the polygraph and how to avoid false positives both valuable and constitutionally protected. But the expressed aims of those seeking advice are not irrelevant. Instructing on the effective use of automatic rifles is constitutionally protected. But if someone said he was seeking training so that he could gun down students in a school, the person who gave him that advice should be held at least partly responsible for the criminal consequences.
POLYGRAPH “COUNTERMEASURES”?
THAT’S JUST BULLSHIT!
Describing my training as teaching “countermeasures” so liars can pass the polygraph “test” is the same thing as describing the polygraph as a “lie detector”! Both descriptions are PURE, UNADULTERATED BULLSHIT! The word “countermeasures” can only be used to describe polygraph chart manipulation by the subject of a polygraph “test” when two conditions are met: 1) The polygraph “test” must be proven to be 100% accurate and reliable as a “lie detector”, and 2) the person is attempting to deliberately lie. There is never a case where BOTH of these conditions are met. In other words, you could only claim “countermeasures” are being used to thwart the polygraph operator’s ability to detect deception IF the polygraph is able to detect deception accurately 100% of the time and that that deception would be detected were it not for the use of “countermeasures” by a person intent on being deceptive. But, since many people know that just telling the truth only works half the time – i.e. the US Supreme Court, and the NAS report, among others, saying it is no more accurate than the toss of a coin – then a prudent person would try to mitigate the very strong probability of being falsely branded as a liar by learning how to produce a “truthful” chart. That would not be using “countermeasures” – that would be using common sense!
Why do polygraph operators tell people not to research the polygraph before they take their test? It is very simple – the only way they can intimidate people with the polygraph is to keep them ignorant about how it works. When polygraph operators say I teach people “countermeasures” in order for them to “beat the test”. I simply say, that’s bullshit, because polygraph operators routinely call truthful people liars – and my technique is the only way for honest, truthful people to protect themselves from being falsely accused of lying. Go to the MEDIA page and watch the CBS 60 MINUTES investigative report I helped to produce and see the proof yourself – three out of three polygraph operators called three different truthful people liars on a crime that never even happened! You may also enjoy watching me prove THE LIE DETECTOR IS BULLSHIT on Showtime’s PENN & TELLER: BULLSHIT!
So, let me emphasize this – I DON’T TEACH SO-CALLED “COUNTERMEASURES” – I simply teach people how to ALWAYS PASS by knowing how to show a perfect “truthful” polygraph chart! The word “countermeasures” is a word that has been misappropriated by polygraph examiners – it is used to describe what they say is a means to thwart their ability to detect deception. But polygraph operators have always maintained that they can tell when a person is using these so-called “countermeasures”. If that is true, how can anyone use them “beat” the test? But, for the sake of argument, let me ask a few more pertinent questions: If people can indeed be taught to use “countermeasures” to “beat the test”, wouldn’t that prove the polygraph is not a “lie detector”? Does the validity and reliability of the polygraph test demand that the subjects of the test must be ignorant about how it works? If anyone could be taught how to produce and/or prevent a reaction on the polygraph at will, wouldn’t that make the whole idea of a “lie detector” a fraud? And wouldn’t polygraph operators have to admit their little machine is actually just a sick joke – and that the polygraph instrument is simply a prop used by an interrogator to frighten people into making admissions and confessions? And would it not be prudent for the government to quit wasting money on something that is nothing but a fraud and a con job? The fact is the answer to all these questions is a resounding YES!
Polygraph operators do not want to debate the validity of the polygraph as a “lie detector” because they will lose – and they certainly don’t want to answer any of these questions! They know they cannot prove the polygraph is valid and reliable as a “lie detector”, and they know they can’t justify their actions – so they just say that people who get my training are all lying and are only doing research on the polygraph in order to “beat the test”. Again, I say that is just BULLSHIT! I have spent almost forty years proving that the “lie detector” is just a myth, and it is common knowledge that just telling the truth only works half the time, so people are smart enough to know that they must LEARN HOW TO PASS or they will be falsely accused of lying. I don’t teach any so-called “countermeasures”! I don’t teach people how to “beat” the test! The fact is, people are getting my manual & video/DVD and my personal training because they are telling the truth and just want to make sure they pass – they know that just telling the truth doesn’t work! The methods I teach are very simple. I just show people how to remain calm when answering a relevant question and how to produce a reaction when answering the control questions so as to always produce what the polygraph operators say is a “truthful chart”. I have a manual, entitled HOW TO STING THE POLYGRAPH, and a DVD that teaches people exactly how to do this – it is available in the STORE page of my website http://www.polygraph.com. I also give practice polygraph tests on my own polygraph instrument to show them how well my technique works – for more information about this, go to the PERSONAL TRAINING page of my website.
I was instrumental in getting most polygraph testing outlawed in the private sector. In 1988, with the passage of the EMPLOYEE POLYGRAPH PROTECTION ACT, administering polygraph tests actually became a federal crime! Even the U.S. Supreme Court refused to admit polygraph results into evidence, and ironically it was the U.S. Justice Department who argued that the polygraph results were not reliable and should not be admitted into evidence! I was a member of the Office of Technology Assessment, (an investigative arm of the U.S. Congress), studying the validity and reliability of the polygraph – our report basically said it was worthless as a “lie detector”. I also testified in the U.S. Congress in support of the EPPA. {Here is an interesting piece of historical trivia: When I testified in Congress, I put my manual, HOW TO STING THE POLYGRAPH into the Congressional Record, and the Senators and Representatives distributed more copies of my manual between 1984 and 1988 than anyone has ever distributed – including me! They sent them out by the tens of thousands in response to requests from constituents.} But, there were exclusions written into the law that allowed the government – local state and federal – to continue to use the polygraph. They attempt to justify these exclusions on the grounds that the government needs this tool to protect national security and the law enforcement officials need it to protect the integrity of the criminal justice system. I have proved the polygraph is not a “lie detector” – the Congress, the Justice Department, the OTA, and all the scientific evidence agrees with me, so there is no justification for the government to continue to use it on the pretext that it protects our national security or the integrity of the criminal justice system.
It is FOOLISH and DANGEROUS to use the polygraph as “lie detector” – the theory of “lie detection” is nothing but junk science. It is based on a faulty scientific premise. The polygraph operators have the audacity to say that there is such a thing as a “reaction indicative of deception”, when I can prove that “lying reaction” is simply a nervous reaction commonly referred to as the fight or flight syndrome. In fact, the polygraph is nothing but a psychological billy club that is used to coerce a person into making admissions or confessions. It is FOOLISH and DANGEROUS for government agencies to rely on the polygraph to “test” applicants, or to conduct any type of investigations relating to national security. It is FOOLISH and DANGEROUS for the criminal justice system to rely on an instrument that has been thoroughly discredited to determine whether or not a person is truthful or deceptive, or to use it to guide their investigations in any way – especially when the results cannot even be used as evidence in a court of law! And it is FOOLISH and DANGEROUS for anyone to believe they will pass their polygraph “test” if they just tell the truth! When you factor in all the damage done to people who are falsely branded as liars by these con men and their unconscionable conduct, this fraud of “lie detection” perpetrated by the polygraph industry should be a federal crime! The protection provided to some people by the EPPA should be extended to protect everyone from this insidious Orwellian instrument of torture! Shame on anyone who administers these “tests” – and shame on the government for continuing to allow this state sponsored sadism!
So, here we have this diabolical dichotomy – the government protects some people from polygraph abuse and perpetrates polygraph abuse on others! The Congress outlaws the use of the polygraph in the private sector, (and distributes my manuals, teaching people how to pass their tests), the Justice Department argues that it should not be used as evidence in court, the Supreme Courts agrees and refuses to allow polygraph results into evidence, and the OTA issues a report saying all the scientific evidence proves it is not reliable – yet, after all this, many government agencies greatly expand the use of the polygraph to numbers never seen before in the history of the country!
So what explains this schizophrenia in the government? Why do they outlaw it in one area and expand it in another? I’m afraid I know – I think President Nixon told us why the government uses it when he said, “I don’t know anything about polygraphs, and I don’t know how accurate they are, but I know they’ll scare the hell out of people, and that’s why I like to use them!” That mentality regarding the polygraph is the very reason I do what I do! I educate people about the polygraph so that the polygraph thugs can’t use it to scare the hell out of them – and even worse, call them liars simply because they have a nervous reaction on a relevant question! I teach people how to prove they are telling the truth because just telling the truth really only works about half the time! A person will probably fail their polygraph test unless they are trained to show the polygraph examiner what he expects to see from a truthful person. I have been asked this question many times: Can liars use this information to pass just as easily as truthful people? The answer to that question is YES! I have no control over who gets the information in my manual and video/DVD. But let me make this perfectly clear – I assume that people come to me for personal training because they know that just telling the truth only works about half the time. And, except for frivolous cases such as fidelity testing, or for demonstrations on television programs, speaking engagements and seminars, I will not knowingly teach a person to deliberately lie! Besides, liars can pass easily whether they have been trained or not – history is full of people who have lied and passed polygraphs with no problem. Aldridge Ames, the notorious spy, passed many polygraph exams – and he was an active spy when he took, (and passed) several polygraph tests! As a matter of fact there has never been even one spy ever caught by the polygraph! I have often demonstrated how simple it is to “beat the box” on national television programs. It is true that anyone can use my techniques to pass their polygraph test regardless of whether they are nervous or not, lying or not, no matter what. I have said that for over 40 years. I say it in hopes that those who use this instrument will realize that it is not accurate or reliable as a “lie detector” and will quit using it!
By describing my training as “countermeasures” that people use in order to pass a polygraph as a form of cheating, or something used only by liars who are trying to “beat” the “lie detector”, polygraph operators are asserting something as a fact that is absolutely false – something that all evidence proves is false; i.e. that the polygraph is accurate, reliable, and effective in detecting truth and detecting deception. All the scientific evidence available proves that the polygraph is none of those things. The polygraph is no more accurate than the toss of a coin – in other words it is only able to detect deception approximately 50% of the time. This also means that unless truthful people get prepared to pass the test, over 50% of the time the polygraph con men will brand them as liars just because they are nervous. A sad irony is that often the people polygraph operators accuse people of using “countermeasures” are those who have no idea what that even means! As a matter of fact, polygraph operators are now so paranoid that one of the questions frequently asked on the polygraph test itself is if the subject has read my manual. Many of these unscrupulous jerks will fail or disqualify people just because they are suspected of the horrible Orwellian “thought crime” of educating themselves! But trying to “catch” anyone who uses the information in my manual and video/DVD to pass their polygraph test is an exercise in futility on the part of the polygraph operator, because everyone who uses the Sting Technique will ALWAYS PASS – and the only thing the polygraph operator will see is a perfect, natural truthful chart! As a matter of fact, the information in my manual is so effective, (and because the polygraph as a “lie detector” is so ineffective), the information in my manual and video/DVD is considered to be “contraband” – it is actually prohibited by Big Brother polygraphers in the government! This proves that polygraph operators are today’s version of the thugs employed by Orwell’s Ministry of Truth!
It is bad, (but perhaps understandable, and even sometimes necessary), to use the polygraph as a prop for polygraph interrogators to frighten and intimidate people in order to get confessions or admissions of wrong doing – but it is never acceptable to take it a step further and disqualify applicants, deny security clearances, and revoke probations simply because a person has a nervous reaction on the polygraph “test” or because the polygrapher accuses them of using so-called “countermeasures”. Most polygraph operators and all polygraph associations say that the polygraph should only be used as an aid to guide investigators, and that the polygraph test results should never be the sole determinant of guilt or innocence, or truth or deception, or whether or not a person gets or keeps a job or a security clearance, (see AAPP statement in footnote below) – but the sad fact is, that happens every day to thousands of people. That fact alone should be the basis for malpractice lawsuits against polygraph operators! Polygraph operators are out of control – they no longer abide by the commonly accepted protocols agreed upon by their own professional associations – they don’t answer to anyone, and they don’t give a damn about the millions of people who are traumatized, and whose lives are ruined by their arbitrary and capricious actions. That is not only wrong, it should be illegal!
After much thought, I have come to what I consider to be the only logical conclusion that can be drawn as to why government agencies, (federal, state, & local) continue to use the polygraph even though all the scientific evidence proves it is worthless as a “lie detector”. I believe they are using the polygraph as a subterfuge to avoid complying with federal equal employment regulations! What else explains the 65% “failure” rate for applicants who have already passed a very thorough background investigation? These agencies can circumvent federal laws and discriminate against people by denying employment to anyone they don’t want to hire and all they have to do is to say the applicant “failed” a polygraph test. By simply saying the person has “failed” a polygraph test, government agencies can hire and fire people at will and then just blame it on the “failed” polygraph test. There is no way anyone can appeal a hiring or firing decision that is based on a “failed” polygraph – and those who are denied employment or terminated have no recourse – they can’t bring a lawsuit for discrimination or wrongful termination! Do I believe the government agencies who utilize the polygraph are this nefarious? YES! And it is tantamount to criminal negligence on the part of those charged with oversight of these government agencies to allow them to continue to use this so-called “lie detector” testing!
Now back to the so-called “countermeasures”. I have always said that I do not teach countermeasures simply because of the negative connotations associated with the term. I teach people how to protect themselves from being falsely accused of lying simply because they happen to have a nervous reaction on the wrong question. The late Professor David T. Lykken, who was the preeminent scientific expert on polygraphy, observed “If I were somehow forced to take a polygraph test in relation to some important matter, I would certainly use these proven, (techniques taught in my manual HOW TO STING THE POLYGRAPH), rather than rely on the truth and my innocence as safeguards; an innocent (person) has nearly a 50:50 chance of failing. And those odds are considerably worse than those involved in Russian roulette.” When the EPPA was enacted into law, the word “protection” was not put in the title of that law by accident. It was put there deliberately because the legislators in their wisdom knew that people needed to be protected from this unreliable instrument, and that they needed to be protected from being falsely accused of lying simply because they were nervous. So if you’re going to take a polygraph examination and, as Dr. Lykken said, you have a 50% chance of failing just because you’re nervous on the wrong question it would only be prudent to utilize my training so as to mitigate the danger of being accused of being deceptive when in fact you are simply nervous.
So, I don’t use this word “countermeasures” to describe what I do. As I said, that is a word that is misused by polygraph operators. All I do is educate people about the polygraph and teach them how to control every tracing on the polygraph charts so as to always produce what the polygraph examiner expects to see from a truthful subject. Since many people do not have the protection afforded by the Employee Polygraph PROTECTION Act, they must have some way to protect themselves from being falsely branded as liars!
For almost 40 years, I have been crusading against the use of the “lie detector” and the abuses caused by what its inventor, Dr. John Larson, described as “Frankenstein’s Monster”. This is what Larson said about his own invention: “The lie detector is nothing more than a psychological third-degree aimed at extorting a confession as the old physical beating were. I’m sorry I ever had any part in its development.” I would like nothing better than to stop my crusade. I would love to shut down my website and quit – my goal has always been to put myself out of business. My fervent hope, a hope shared by millions of polygraph victims, is that the day will soon come when no one will need my services because the polygraph is no longer being used. I am tired of this never ending, and very frustrating fight – and I will be happy to quit the day after all the polygraph operators quit running their scam! But I can’t give up yet – I still get far too many calls and emails from people telling me how the polygraph has ruined their lives. I started this crusade in 1979 and I plan to finish it. For more information about what I have done for all these years, get my book FROM COP TO CRUSADER: THE STORY OF MY FIGHT AGAINST THE DANGEROUS MYTH OF “LIE DETECTION” – it is available in the STORE page of my website http://www.polygraph.com. You can help me in my fight by getting this book and sending it to as many people as you possibly can! But, as long as the thugs and con men who call themselves polygraphers continue to use the “lie detector” to frighten and intimidate people, I will continue to fight them! I am committed to this fight – I must continue to help people who are faced with what is the most traumatic experience they will ever have to endure, because I am the only one who can and will do it. Until the polygraph is no longer being used, and people’s lives are no longer being ruined by this myth of “lie detection”, I will teach people how to protect themselves from being falsely accused of being a liar.
Footnote: The American Association of Police Polygraphists: “Polygraph testing, forensic psychophysiology, and credibility assessment, are evolving fields of science, intended to be used as decision support tools. These tools should aid investigators and referring agencies in making decisions about the truthfulness or deception of individuals in diagnostic and screening test circumstances. The role of scientific testing is to provide information, while professional evaluators are the final authority on all matters that require expert judgment.”