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Witchhunt at LLNL

Polygraph under fire

By Donna McFadden

Life is not easy these days for workers at the Lawrence Livermore National Lab and the other national laboratories. Recent policy changes in response to possible security breaches at Los Alamos National Laboratory have created an uncomfortable atmosphere of fear, suspicion, and distrust.

The national labs are the largest employers in this area. Many students, staff members, and their families are, in one way or another, associated with the labs, so this national controversy affects us here.

The new security measures instigated by the Department of Energy call for the unprecedented administration of polygraph testing, without the right of legal counsel or representation, to thousands of National Lab workers.

The introduction of polygraph screening, new regulations regarding intimate relationships, and concerns with regard to ethnic bias and how it may affect the results of testing performed on foreign nationals working at the lab have led LLNL employees to express their considerable concerns.

In a Sept. 14 public hearing held at LLNL between the DOE and lab employees, the DOE proposed regulations for the use of polygraph examinations while many employees voiced their opposition to the new policy and concerns regarding the accuracy and validity of the polygraph tests.

One of the main responsibilities of the scientists working at the lab is to safeguard our country against the use of nuclear weapons and other weapons of mass destruction and to improve and develop techniques for combating the use of biological and chemical weapons. Dr. Douglass Post, Associate Division Director for Computational Physics at LLNL expressed his concern that polygraph screening will pose significant problems in retaining and recruiting the highly trained staff required for the work.

“This has every signature of a witchhunt,” said LLNL scientist William Tong at the meeting. “A crisis occurs, the public demands a culprit, the government searches for a scapegoat and brands him a spy.” Tong called the polygraph screening “an invasion of privacy, a search without a warrant and an interrogation without a cause.”

At the heart of the controversy is lack of faith in the polygraph, a 30-year-old testing device which has been shown to be highly unreliable in that it cannot always discriminate between a liar and someone who is nervous about having his honesty questioned. The results of a polygraph are considered so unreliable that they are generally inadmissible in a court of law, and there is some question as to whether regulations barring an individual from having legal counsel present during an interrogation that could lead to loss of livelihood would be able to withstand a court challenge.

 

I don’t know how the polygraph works; I don’t know if it works. I know it scares the hell out of people and that’s why I like to use it.

— President Richard M. Nixon, Oval Office tapes, 1971

Manuel Garcia, a physicist at LLNL, spoke of the polygraph test as being a “personally invasive, pseudoscientific inquisition,” and said of the DOE’s policy of not allowing legal counsel to be present during the test, “Interrogation without representation is fascism.””If there is nothing to hide, why will the DOE not accept professional monitoring to guarantee that all tests are administered equally, and that some tests will not be more equal?” asked David Dearborn, a physicist at LLNL.

“My colleagues and I produce the secrets that you come here claiming to protect,” Dearborn told DOE representatives at the meeting. “We worked hard to wrestle them from nature, and we recognize their value.” You “want us to ‘volunteer’ for an even deeper intrusion into our constitutional right to privacy by using a flawed procedure that effectively gives the DOE a free hand to terminate any employee who speaks his or her conscience. If you choose to implement this astrology surrogate, and to treat us with such deep disrespect, do not confuse our contempt for arrogance.”

Thomas Thompson, a weapons designer at LLNL, said, “Let us be clear as to what the real issue is today. It is not about espionage nor about polygraph machines nor about nuclear secrets. It is about political control.”

“Racial Profiling”

Asian-American scientists, particularly Chinese-Americans, feel that the emphasis has been placed, unfairly, on them. Tong says that he fits the same profile as the only known suspect, Wen Ho Lee, who was fired from the Los Alamos National Lab, but was not charged with espionage because there was not enough evidence.

“I frequently travel to China,” Tong said. “I have relatives in China. I’m not a spy. I’m a loyal American.”

Researchers have voiced fears that investigators may view Chinese American scientists as “more Chinese than American.” Chinese American scientist Joel Wong, who works on chemical safety, finds that an insult to his patriotism.

“Just as the Italian Americans are not necessarily Mafia and the Irish Americans are not necessarily IRA members, the Chinese Americans are not by any means disloyal to this country,” he said.

According to John Belluardo, Director of Public Affairs, Oakland DOE, however, the DOE has not given additional focus to Asian Americans.

In a letter to the editor of the LLNL newsletter, Society of Professional Scientists and Engineers (SPSE), an Italian foreign national, Giulia Galli, described the outcome of a meeting held on April 2, 1999 at LLNL for the foreign nationals to discuss upcoming changes. When they returned to their offices, their desks had been “ethnically cleansed” of their computers, Galli said. Foreign nationals have been denied access to all supercomputers since the April 2 meeting.

“Trying to accomplish respectable scientific goalsÉhas become humiliating and insulting,” Galli said, suggesting that protection of the lab would be better served with the use of “robust technology instead of xenophobia.”

Kiss and Tell

Under another new policy announced by the Department of Energy, scientists at the national labs must report any romantic liaison with a foreigner, unless it’s a one-night stand.

The new policy requires all DOE employees who hold security clearances to report any “close and continuing contacts” with foreigners from so-called sensitive countries, including China, Russia, India, Israel, and Pakistan. Any sexual or intimate relationship, sharing of living quarters, or business or financial relationship with a foreigner from a sensitive country must be reported to counterintelligence officials within five days.

“Reporting also applies if it’s a friendship or conversations with a person who happens to be a neighbor who is foreign,” said scientist William O’Connell. “I think that’s overdoing the scrutiny of contact with people outside the work area.”

The policy notes that conversations on the Internet can be considered “close and continuing contacts” because foreign intelligence often uses cyberspace “as a valid way to conduct business.”

Feelings of resentment, anger, and frustration are causing a backlash among workers at Lawrence Livermore, and other national labs. Many are comparing the polygraph tests to the era of McCarthyism of the 1950s.

“Here we are again facing the 1950s ‘loyalty oath question’ wrapped in a security shell as polygraph testing,” says Steve Patenaude, scientist at LLNL.

“Our counter-intelligence operation needs to be brought in out of the cold war,” said Congresswoman Ellen Tauscher. “We need to be developing state of the art systems that will detect any attempt to transfer classified information out of the labs.”

In a letter to the editor of the SPSE newsletter at the lab, Betty Gunther, an employee at Los Alamos National Lab, writes “The current hunting season on the Labs could easily cause their destruction. Now I believe we should ask ourselves whose best interest would be served by destroying the labs? Our enemies wouldn’t mind.”

 About Polygraphs …

“1) The polygraph has a built-in bias against a truthful person. 2) It is certainly not capable of determining truth or deception. 3) It can be beaten rather easily.”
— Doug Williams, author of How to Sting the Polygraph

“The diagnostic value of this type of testing is no more than that of astrology or tea-leaf reading … there is virtually no probability of catching a spy with the polygraph.”
— Dr. Drew Campbell, Supervisor Special Agent of the FBI

“Straight-arrow types are the most vulnerable because they are unaccustomed to having their veracity challenged.”
— David Lykken, Psychology Professor, University of Minnesota

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