The Lie Detectors (43 page)

687
"Alpha and Omega"
and "
the entire work":
JLP/4: J.L. "Corrections made [by] Larson, John [to] Holographic Will," 12/15/64–12/16/64.

688
"cheese-cake type":
JLP/2: J.L., "[Summary of]
Psychobiology of Detection…,"
n.d.

689
9,000 pages:
JLP-JH: J.L.,"Rational[e]," [1962].

690
"key to this puzzle":
BPHS: Robert Borkenstein to Lucile Burke, 5/24/71.

691
"Beyond my expectation":
JLP/7: J.L. to Reg Manning, n.d. [early 1960s].

692
"fostered a Frankenstein’s":
JLP-BG: J.L. to Robert Borkenstein, 6/18/51.

693
"Nobody will ever":
Hammett, "Letter to the Editor,"
Black Mask
(1/1/24), 127, in
Selected Letters of Dashiell Hammett,
ed. Richard Layman (Washington, D.C.: Counterpoint, 2001), 24.

694
"twentieth-century witchcraft": NYT,
5/25/73.

695
And O. J. Simpson: Sharon Rufo, et al. v. Orenthal James Simpson,
Superior Court of the State of California for the County of Los Angeles, 11/25/96, at www.courttv.com/casefiles/simpson/transcripts/nov/nov25.html.

696
"Q: "Did President":
"Hannity and Colmes,"
Fox News Network,
3/9/2005.

697
Representative Gary Condit: NYT,
7/21/2001; William Saletan, "Polygraph Theism," at www. Slate.com, 7/20/2001; Gallup Poll, www.gallup.com, 7/11/2001.

698
"cautioning against advertising":
Wladimir Eliasberg,"Forensic Psychology,"
Southern California Law Review
19 (1945–1946): 362. See also
NYT,
6/25/44; JLP-BG: [J.L.] to Lowell Selling, 11/10/44.

699
"interior domain": NYT,
4/11/58.

700
"voluntarily":
Paul Falick,"The Lie Detector and the Right to Privacy,"
Case and Comment
(September–October 1968): 36–44. Yet even a critic who attacked the lie detector as scientifically dubious accepted it for police interrogation; see Jerome H. Skolnick, "Scientific Theory and Scientific Evidence: An Analysis of Lie Detection,"
Yale Law Journal
70 (1961): 694–728.

701
"invasion of the mind":
Rep. Neal Gallagher (D., N.J.) quoted in
Detroit Free Press,
4/7/64.

702
By the mid-1980s, twenty-two:
James A. Suffridge,"The Silent Assault on the Right to Privacy,"
AFL-CIO: American Federationist
(8/65), no pagination. Lois Recascino Wise and Steven J. Charvat,"Polygraph Testing in the Public Sector: The Status of State Legislation,"
Public Personnel Management
19 (1990): 381–390.

703
eighty cases a month:
FBI: White to Tamm, 1/3/61.

704
"useful tool":
"Editorial: The Polygraph,"
American Bar Association
(5/65), no page numbers.

705
some 1,000 operators:
Alan F. Westin,
Privacy and Freedom
(New York: Atheneum, 1967).

706
one-fourth of all U.S.:
Paul R. Sackett and Phillip J. Decker, "Detection of Deception in the Employment Context: A Review and Critical Analysis,"
Personnel Psychology
32 (1979): 487–506.

707
"up to his keister":
Jack Brooks,"Polygraph Testing: Thoughts of a Skeptical Legislator,"
American Psychology
40 (1985): 348–354.

708
"the minute": NYT,
12/20/85.

709
twice as many polygraphers:
Edward E. Cureton, "A Consensus as to the Validity of Polygraph Procedures,"
Tennessee Law Review
22 (1953): 728–742. See also Alder,"Untruth," 32–33.

710
"the
jury
is the lie detector":
Thomas, citing
U.S. v. Barnard,
490 F.2. (1973), in
U.S. v. Scheffer,
523 U.S. 303 (1998), emphasis by Thomas. For jurors’ attitudes, see Carol Hubbard et al., "Brief for the Respondent in the Supreme Court of the United States…,"
U.S. v. Scheffer,
" 8/97, reprinted in
Polygraph
26 (1997): 150–183; Stephen C. Carlson et al., "The Effect of Lie Detector Evidence on Jury Deliberations: An Empirical Study,"
Journal of Police Science and Administration
5 (1977): 148–154; Alan Markwart and Brian E. Lynch,"The Effect of Polygraph Evidence on Mock Jury Decision-Making,"
Journal of Police Science and Administration
7 (1979): 324–332.

711
The muddled ruling:
New Mexico continues to be the only state to allow the polygraph in criminal cases without stipulation; see
Lee v. Martinez,
NMSC 27; 96 P.3d 291 (2004)—now with the assent of the U.S. Supreme Court; see
Associated Press,
7/15/2004. As of 2003, the Fifth and Ninth Circuits have left the use of the polygraph up to the discretion of the district judge, though not many trial judges have allowed the evidence; see
U.S. v. Prince-Oyibo,
320 F.3d 494 (2003).

712
For conservatives:
The conservative justices who upheld the per se exclusion voted four years later to affirm the power of law enforcement officials to require prisoners to take polygraph exams as part of a sex abuse treatment program—even though answering the questions honestly might force a prisoner to incriminate himself; see
David R. McKune et al. v. Robert G. Lile,
536 U.S. 24 (2002).

713
For liberals:
The liberal justices were prescient in expecting
Scheffer
to be cited principally as allowing the state to place reasonable limits on the defendant’s ability to request evidence; see
U.S. v. Cianci,
378 F.3d 71 (2004).

714
"Like most junk science":
Aldrich Ames to Steven Aftergood (FAS), [11/28/2000], at www. AntiPolygraph.org.

715
"not deceptive":
Department of Justice,"Bellows Report,"
Attorney General’s Review Team on the Handling of the Los Alamos National Laboratory Investigation
(Washington, D.C.: Department of Justice, 5/2000), 632, at http://www.usdoj.gov/ag/readingroom/bellows.htm.

716
"found to be deceptive":
James Risen and Jeff Gerth, "China Stole Nuclear Secrets…,"
NYT,
3/6/99. See also Dan Stober and Ian Hoffman,
A Convenient Spy: Wen Ho Lee and the Politics of Nuclear Espionage
(New York: Simon and Schuster, 2001), 173–174; Wen Ho Lee, with Helen Zia,
My Country versus Me
(New York: Hyperion, 2001), 23–29.

717
accused Lee twenty-six times:
Carol Covert and John Hudenko, interview of Wen Ho Lee, 3/7/99 (FBI/004868-004950), at www.wenholee.org.

718
"stonewalled":
James Risen,"U.S. Fires Researcher…,"
NYT,
3/9/99.

719
"not uncommon": WP,
1/8/2000.

720
"would never pass muster":
Alan P. Zelicoff, in Society of Professional Scientists and Engineers,"DOE Public Hearings on the Proposed Polygraph Regulations," in Livermore, 9/14/99; Albuquerque, 9/16/99; Los Alamos, 9/17/99; Washington, D.C., 9/22/99, at www.spse.org/Polygraph_hearing.html. See also "Polygraphs: Worse Than Useless,"
WP,
5/27/2003; Steven Aftergood,"Polygraph Testing and the DOE National Laboratories,"
Science
290 (11/3/2000): 939–940; "Outspoken Nuclear Scientist ‘Forced Out’ over Polygraph Row,"
Nature
428 (3/18/2004): 243.

721
For more than five years, some 20,000:
DOE, "Counterintelligence Evaluation Regulations,"
Federal Register
70, no. 5 (1/7/2005). See
Albuquerque Journal,
1/10/2005; "Editorial,"
Science
300 (5/23/2003): 1201. See also
The Scientist,
3/26/2003. For news that the screening program would end in October 2006, see Aliya Sternstein, "DOE Reduces Use of Polygraph," at www. fcw.com, 10/16/2006.

722
When Abdallah Higazy: NYT,
6/29/2002, 8/6/2002, 8/16/2002, 10/29/2002.
New York Law Journal,
12/2/2002. James B. Comey (DOJ) to Judge Jed S. Rakoff, 10/31/2002, at www. AntiPolygraph.org. See also
Abdallah Higazy v. Millennium Hotel et al.,
346 F. Supp. 2d 430 (2004).

723
Documents seized by U.S. forces:
"Devices Used in Interrogation," from
Mawu’at al-jihad
(
Encyclopedia of Jihad
), [2002], at www. AntiPolygraph.org. "Usturah jahaz kashf al-kidhb" ("The Myth of the Lie Detector"),
Al-Fath Magazine
1 (December 2004): 19–23, translation and text at www.AntiPolygraph.org.

724
As the historian Alfred McCoy:
McCoy,
Question of Torture.
For the standard CIA interrogation manual of the cold war, see CIA,"Kubark Counterintelligence Interrogation" (July 1963) at www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB122. For an overview of the current debate on the American use of torture, see Sanford Levinson, ed.,
Torture: A Collection
(Oxford, UK: Oxford University Press, 2004).

725
"Some examinees were familiar":
Clint Richter, quoted in Carolyn Collins, "OSI Provides the Truth in Baghdad,"
Global Reliance
(March–April 2004), at http://antipolygraph.org/articles/article-044.shtml. See the denunciations of CIA torture in a Web-published op-ed on 2/24/2006 by the former CIA polygrapher John F. Sullivan at http://blogsisters.blogspot.com/2006/02/posting-what-mainstream-wont-publish.html.

726
televsion dramas like
24: Adam Green, "Television; Normalizing Torture, One Rollicking Hour at a Time,"
NYT,
5/22/2005.

727
intentionally inflicted on a person":
UN Convention Against Torture, 1984, quoted in McCoy,
Question of Torture,
100.

728
senior aide Abu Zubaydah:
Dan Eggen and Dafna Linzer, "Secret World of Detainees Grows More Public,"
WP,
9/7/2006. Mark Mazzetti, "Questions Raised about Bush’s Primary Claims,"
NYT,
9/8/2006. David Johnston,"At a Secret Interrogation, Dispute Flared Over Tactics,"
NYT,
9/10/2006.

729
McCain detainee amendment:
Josh White,"New Rules of Interrogation Forbid Use of Harsh Tactics,"
WP,
9/7/2006. Adam Liptak, "As Bush Proposes Freer Hand,"
NYT,
9/8/2006.

730
Paul Ekman has compiled:
Ekman,
Telling Lies.
Compare Ekman’s claims with those in other articles in Granhag and Strömwall, eds.,
Detection of Deception,
especially Bella M. DePaulo and Wendy L. Morris, "Discerning Lies from Truth: Behavioral Clues to Deception and the Indirect Pathway of Intuition," 15–40. David Livingstone Smith,
Why We Lie: The Evolutionary Roots of Deception and the Unconscious Mind
(New York: St. Martin’s, 2004).

731
99.9 percent: Economist
(7/10/2004): 71–72.

732
"TIME 100": Time,
11/26/2001. See also
NYT,
10/9/2001.

733
"art rather than science":
J. P. Rosenfeld, in U.S. GAO,
Investigative Techniques: Federal Agency Views on the Potential Application of "Brain Fingerprinting,"
GAO-02-22 (10/2001), 18. For the views of Farwell’s mentor, see Emanuel Donchin, in U.S. GAO,
Investigative Techniques,
14–15; for the CIA’s views, see p. 9.

734
"stolen":
D. D. Langleben et al.,"Brain Activity during Simulated Deception: An Event-Related Functional Magnetic Resonance Study,"
NeuroImage
15 (2002): 727–732.

735
"interesting scenarios":
G. Ganis et al.,"Neural Correlates of Different Types of Deception: An fMRI Investigation,"
Cerebral Cortex
13 (2003): 830–836.