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Condit in the Headlights

Lie Detector Lies

We're no fans of the man from Modesto, Gary Condit. But it was troubling to
see him being hounded by the cable news shows into taking a polygraph test,
and then trashed for using his own polygrapher. Even J. Edgar Hoover knew
that the polygraph wasn't any good for detecting deception. He dropped the
test for analysis of his own men-but used it to coerce confessions out of
civilian suspects.

The polygraph was invented in 1915 by a Harvard man called William Moulton
Marston, who claimed that his clunky little gizmo could detect lies by
measuring blood pressure. Marston's main claim to fame derives not from his
machine, but from a doodle he came up with: the cartoon character Wonder
Woman.

In the past 85 years, the polygraph hasn't changed much from the Marston
prototype. The secret of the polygraph is that their machine is no more
capable of telling the truth than were the priests of ancient Rome standing
knee-deep in chicken parts," says Alan Zelicoff, a physician and senior
scientist at the Center for National Security and Arms Control at the Sandia
Labs in Albuquerque, New Mexico. Zelicoff gave us this view in an article in
the July-August edition of The Skeptical Inquirer.

Zelicoff writes that the polygraph administer is a kind of confidence artist
or modern day mesmerist who tries to seduce (or scare) his subjects into
believing in the power of the machine to catch them in the most minute
inconsistency. "The subject, nervously strapped in a chair, is often
convinced by the aura surrounding this cheap parlor trick, and is then putty
in the hands of the polygrapher, who then launches into an intrusive, illegal
and wide-ranging inquisition," Zelicoff writes. "The subject is told from
time to time that the machine is indicating deception. It isn't, of course.
And he is continuously urged to clarify his answers, by providing more and
more personal information." At an arbitrary point, the polygrapher calls off
the testing, consults the spools of graph paper and makes an entirely
subjective rendering on whether the subject has given a "deceptive response."

"Every first year medical student knows that the four parameters measured
during a polygraph-blood pressure, pulse, sweat production, and breathing
rate-are affected by an uncountable myriad of emotions: joy, hate, elation,
sadness, anxiety, depression, and so forth," says Zelicoff. "But there is not
one chapter-not one-in any medical text that associates these quantities in
any way with an individual's intent to deceive. More importantly, dozens of
studies over the past 20 years in psychology departments and medical schools
all over the world have shown that the polygraph cannot distinguish between
truth-telling and lying."

Connoisseurs of the Wen Ho Lee affair will remember that at one point the FBI
falsely told the Taiwanese nuclear physicist (accused on spying for the
Chinese in Los Alamos) that polygraph tests showed he was lying. Cops play
these sorts of tricks all the time, faking forensic reports and then shoving
them under the noses of their suspects, shouting that they're proven liars
and that they'd best sign a confession right away.

The most comprehensive review of the polygraph was conducted in 1983 by the
Office of Technology Assessment, a research branch of congress. The OTA
concluded, "There is no known physiological response that is unique to
deception." The report did note that the CIA and its companions "believe that
the polygraph is a useful screening tool." However, OTA concluded that the
available research does not establish the scientific validity of the
polygraph for this purpose. The best that OTA could say about the polygraph
was that it might have some limited validity in "specific criminal
incidents." But the report went on to observe that in such cases, "the
polygraph test detects deception better than chance, but with error rates
that could be significant." As for the supposedly revealing physiological
responses the congressional study reported that they could be masked "by
physical movement, drugs or other techniques to avoid detection as deceptive."

There are numerous ghastly stories of federal employees abused by the machine
and its operators. Take the case of Daniel M. King, a 20-year veteran of the
US Navy, who was suspected of selling classified information. King was locked
up in military prison in solitary confinement for 500 days and subjected to
repeated polygraphs. Some of them lasted for as long as 19 hours. A military
judge dismissed all the charges against him.

A few years ago FBI agent Mark Mallah was given a routine polygraph. The
polygrapher, who had only 80 hours experience with the machine, concluded
that Mallah had lied. (Zelicoff notes that even barbers must have 1,000 hours
of training before getting a license to cut hair.) His life soon transformed
into a Kafka story. He was stripped of his badge, subjected to midnight
searches of his house, his diary and appointment book seized and scrutinized
his neighbors, friends and relatives interrogated his every move outside
monitored by helicopters. In the end, Mallah's life was pretty much
destroyed, but nothing was ever proved against him. The FBI finally
apologized and Congress outlawed the use of the polygraph for civilian
employees in 1988.

It's worth noting that the Walker brothers and Aldrich Ames both beat the
polygraph with no sweat. Kim Philby settled himself with a dollop of Valium
before breezing through his polygraph exams.

One investigator (and CounterPuncher) for a defense lawyer in California's
Bay Are tells us that while the polygraph isn't admissible in most courts
it's used all the time by prosecutors, mostly to seal plea bargains. "It's a
perilous option, because the utility of the polygraph is almost totally up to
the operator. There are good polygraphers, but many who work for the district
attorneys have only minimal training."

The investigator described a recent case where a defense witness in a
homicide case, who had passed a polygraph given by a former FBI polygrapher
with 20 years experience, was sent to the DA for another test given by their
examiner, a relative novice with the device. Defense lawyers can't be in the
room while the test is given, even when their clients are being examined. The
prosecutors videotape the session, and while the results of the polygraph
can't be used at trial, the videotape can become evidence. In this case, the
defense lawyer waited in the hall until the witness emerged from the room
"with his face red as a beet." The lawyer heard the DA's investigator
threaten the witness: "You little slimebag, I know your lying. We're going to
revoke your parole." The DA's examiner had interpreted the readings from one
of his answers as being "deceptive."

The only disagreement we would have with Zelicoff is his deprecation of
animal parts as any sort of reliable guide to the future. Prophets and
soothsayers in ancient times would use all sorts of materials that would be
disdained by such modern exponents of "scientific" forensics as, let's say,
the FBI Crime Lab, which theoretically espouses scientific methods but which
simply manufactures or suppresses data as each case requires.

So what would a good look at a liver plucked from a recently slaughtered
chicken tell us? The color and condition would indicate what sort of feed the
chicken factory was using, thus offering useful evidence about the economic
and indeed moral propensities of the chicken breeders. Furthermore, since
this feed varies according to the futures prices on the Chicago Commodities
Exchange, an educated glance at the liver would be suggestive about future
economic and meteorological trends, as assessed by the collective analytic
wisdom of the Exchange.

=============================================================
Condit Scandal Goes Baroque

The Condit affair has reached the point of baroque fantasy. This is a common
feature of many a fizzing political sex scandals. Forty years ago, in the
twilight of Harold MacMillan's Conservative government in Britain, the
country was obsessed with the Profumo scandal. John Profumo, a government
minister, was caught having an affair with Christine Keeler, a good time girl
who'd also had a fling with a Soviet attaché called Ivanov. After weeks of
uproar MacMillan confided mournfully to a friend that he was now hearing that
about half his cabinet and several bishops were involved in collective orgies
with the Profumo crowd.

In Condit's case former New York rep John LeBoutiller had a signed article
carrying the title CONGRESSMAN GARY CONDIT: GAYS, BISEXUALS AND MURDER that
appeared Friday, July 13, 2001 on NewsMax.com, a popular website run by Chris
Ruddy which carried much ripe rumor in the great days of the Lewinsky affair,
particularly about Vince Foster's terminal moments. After being a headliner
for most of the day, LeBoutiller's article was pulled without explanation.

Invoking the authority of "RJ" - an "inside-the-Beltway source who, over the
years, has never steered me wrong", LeBoutiller quoted RJ as telling him that
"Condit has been known inside the gay community here in DC for being a big,
big user of gay male prostitutes - especially blacks from the Caribbean who
ride motorcycles and love to wear black leather.

"Now, here is the dirty little secret behind the disappearance of Chandra
Levy: Condit goes both ways. He likes to get sodomized by male prostitutes
before having sex with women. The gay sex turns him on and he can then
'perform' with women.

"Condit had one particular Caribbean male prostitute that he frequented. When
it was determined that Chandra had to go, this guy was given the assignment.
He picked her up on his motorcycle, took off some where, killed her, and
dumped her body. Then, on orders from Condit and with money from
Condit, he headed back to Haiti or wherever he came from - far, far away from
investigators and the Feds."

Kinda explains everything, doesn't it? Maybe Condit should be taking an AIDS
test. As in the Profumo affair there's a "security" angle too, since Condit
served on the House Intelligence Committee. So if we are to believe
LeBoutiller's "R.J.", the nation's most precious secrets could now be in the
possession of a gay Caribbean biker. Best place for them.

In a useful article for the McClatchy newspapers, Michael Doyle reports that
Guideline D of the federal government's "Adjudicative Guidelines for
Determining Eligibility for Access to Classified Information" specifically
notes that "sexual behavior is a security concern if ... it may subject the
individual to undue influence or coercion, exploitation or duress, or
reflects lack of judgment or discretion." House Minority Leader Richard
Gephardt named Condit to the House intelligence panel in 1999. Like all
members of the select panel, according to Doyle, Condit "essentially was
granted a courtesy clearance. For lawmakers, standards like Guideline D don't
apply."

"He's a valued member of the committee, and I count on him," Doyle quotes
Rep. Porter Goss, the Florida Republican who chairs the Panel, as saying. "He
asks what I would call questions on behalf of the American taxpayer ... and
he has a great deal of common sense."

You can bet that the CIA keeps files on members of the Intelligence
committee, not least as blackmail material in case some uppity rep starts
questioning the Agency's budget or activities.


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