29 comments

[ 3.2 ms ] story [ 46.8 ms ] thread
the FBI’s employment eligibility guidelines say all employees must obtain a “Top Secret” clearance in order to work at the agency following a background check.

The furor here is about Dan Bongino, and Nicole Rucker, Kash Patel's assitant

The article goes on to say that FBI employees at the level Bongino and Rucker are working at have "SCI" clearance on top of Top Secret. Back in the 1990s, it was exceptionally difficult to get TS clearance. SCI on top of that must have been even harder.

I guess this is no worse than Jared Kushner getting a waiver to work at the White House during Trump's first term, but holy cow, getting this kind of special treatment really does reinforce a big difference between classes, doesn't it? Any ordinary, non-rich person getting "alerts" on polygraphs would probably be immediately dropped from getting a Top Secret.

There are literally hundreds of thousands of TS/SCI cleared government employees and contractors. There is nothing "exceptionally difficult" about any of this.
> getting this kind of special treatment really does reinforce a big difference between classes

The Trump admin has always been an example of ignoring the elite political class and bringing in whoever he likes. Kash Patel himself came from a family of asylum seekers who fled India and he got his start as a public defender. Not exactly old money.

The guy he brought on as an assistant (without a polygraph) got his start as a beat cop from NYPD before joining the Secret Service.

It'd matter more if polygraphs weren't completely bogus pseudoscience in the first place
Bongino use to be Secret Service, tasked with protecting Bush then Obama, for what it’s worth.
Polygraphs must not be used as they are completely unreliable and subject to many issues.

The government does a lot of security theater and campaigns to make you believe that they are competent.

The only way polygraphs work is by convincing people its an actual lie detection machine. Cops leveredge this belief and tell you that you "failed miserably" so you ultimately confess because "your caught".

They are about as accurate as flipping a coin.

Sure, but that's an argument against them ever being used in the screening process they use for people joining, not to only exempt specific high-level appointees.
Which is a distraction from the fact that taking one is part of the process, and for no reason senior appointees have been exempted.

It would be a different matter if the entire process was being removed as policy, but nope, that's not it.

> They are about as accurate as flipping a coin.

They are actually worse than a coin toss.

The TV news show, "60 Minutes" tested several companies that provided polygraph testing services.

The show claimed some one stole some equipment. For each testing service the show said they suspected a different employee. In every case, the polygraph operator claimed they detected deception in the person they had been told by the show was the person already under suspicion. Polygraph is total bullshit, just used to add a pseudo-scientific shine to prejudice.

That's not as accurate as flipping a coin. It's a certain success or a probabilistic failure. A random coin flip could get you the wrong answer either way. But here, if someone confesses to something, you can be sure it's true. (unless you pass the threshold where people would rather lie that they did bad things, but that's a different problem... if you're getting the same results as torture, the interviewer is the problem, not the fake machine)
Yes polygraphs are bollocks, but, rules are rules.

The issue is, if exceptions are made, what's stopping other breaking the rules?

I don't care if he's a dem, rep or maga, rules are rules.

Rules are only words on paper unless they are enforced, especially to constrain the actions of the powerful.

Once they are consistently broken, the rules only matter for the powerless.

There have always been stupid rules, and legitimate reasons to break them. But “I am an unqualified appointee and this unqualified person is my friend” is not a legitimate reason.

The rule has always been that this can be waived at the discretion of specific senior officials. It isn't done for average Federal employees, and not always for political positions, but it is a thing that exists.
So many things we thought were rules or laws or regulations were never actually anything but customs, traditions, and gentlemens' agreements.

Which works great as long as the people in command are sane and ethical. When you have an FBI director who spells his name with a dollar sign, well...

When I was in college they did an audit to see if I could graduate and it was flagged that I had been allowed to skip the Introduction to Computer Science class because I got a 5 on the AP Comp Sci test. The problem was that I took the test while it was administered in C++ and it had later switched to Java.

The school decided they were not going to recognize the test results and instead would only credit me with an elective class for it, I would still have ot pass the introductory class. This is in spite of pass all the later comptuer science classwork.

I escalated it to the dean, who told me that while he recognized this made no sense, "rules are rules and if we didn't follow them they wouldn't be rules".

> Yes polygraphs are bollocks, but, rules are rules.

> The issue is, if exceptions are made, ...

Except that "exceptions are made" can also be a stage of phasing out useless or counter-productive rules - as social acceptance grows that Astrology, Polygraphs, and Tarot have no place in security screening.

polygraphs are federally banned for employment except for in the federal government, so that's more controversial circumventing the federal government's hypocrisy

you're blind if you want to pretend that this specific action is the top of a slippery slope when we're below the slope at this point, Congress isn't gong to do anything so why even act surprised. let's focus on the hypocrisy of polygraph being standard at all

That's just the FBI side. The Trump administration has, as a policy, that the Counsel for the President can clear someone without them going through the usual clearance process. Some senior White House staff have been "cleared" that way.

The standard process starts, as it has for decades, with filling out Standard Form 86.[1] I see they only want residences for the last 10 years. It used to be "list all residences from birth".

Then, all of that gets checked.[2]

These criteria are not, apparently, applied to White House staff or Presidential appointees.

[1] https://www.opm.gov/forms/pdf_fill/sf86/

[2] https://sgp.fas.org/spb/bginvest.html

The fact that these are still used is a bit of a scandal. They are total bullshit. If they “work” at all it’s by convincing gullible people they work, so they might make someone slip up or confess thinking the magic machine will get them.

Of course things have improved. Decades ago they were trusted a lot more to the point that a lot of innocent people got prosecuted and guilty people went free based on polygraphs. These days they’re inadmissible in court, but they’re still used in the court of public opinion and in some jobs.

polygraphs are junk science.

I don't know who the other two are, but Bongino was already polygraphed and cleared for the Secret Service -- there's no reason to pretend that he wasn't cleared for the job. This article reads like a political hit piece and has no real grasp of reality. It also has statements that clearly betray its author doesn't really understand how security clearances work anyway -- most clearances don't require polygraphs, those are an IC and LE thing, and any OCA can grant any waiver they choose to grant. In this particular case if the AG wanted to review this decision she could do so as his boss, but it really makes no difference.

Given that polygraphs are, again, junk science, who gives a shit.

Rank speculation-- polygraph is a fake tool, but when people who think it works attempt to avoid it, real data is produced. :)
I think many on this thread are missing the point. the fact that it had to be waived alone speaks volumes. Sure they're about as accurate as a coin flip as the top commenter said, but they are theatrics and what you do before, during, and after usually gives interrogators lots of clues about you that they wouldn't otherwise have observed.

If you're trying "tricks" to get past it for example, that's one data point. It's useful for things like clearance investigations because there is a counter-intel side to it, your comms, pattern of live and other things will be scrutinized.

it is essentially a "vibe" tool. Do you look too clam, too nervous,etc..

That said, people end up contradicting themselves when focusing too much on beating the polygraph too. Skilled interrogators throw questions that will cause that. Do you sound too prepared and detailed, answering questions with details most people won't remember? Are you too consistent, indicating recollection of prepared facts, instead of wading through unreliable human memory?

Even without a polygraph, your eye movements alone are hard to get under control unless you practice for it. That's why they baseline you first with simple things you're expected to lie on, and then more complex things that most people would at least partially lie about.

The accuracy of the polygraph itself is not too relevant. If you're hiring someone for a senior role at the FBI, a polygraph is the formality that opens you up to all kinds of legal trouble. it's purpose is to put the subject under legal jeopardy. A simple interrogation will do, but a polygraph introduces an adversarial evidentiary element into the equation.

In short, it gives the FBI in this case the option to say "this guy is acting shady, we can't trust him". Even if they're wrong, the sensitivity of the position requires passing on good candidates if they must. An investigator on their own would have to prove/justify their conclusion. a polygraph is their way out. They've seen spies, traitors, etc.. it's a way to filter people out with a somewhat justifiable cause.

The question you should be asking is why was it waived in this case just for those three staff members? If it is indeed unreliable, why not stop it entirely?

Millions of Americans have TS/SCI clearance, which had them pass a polygraph just fine. The government isn't losing a lot of talent who're fumbling a polygraph. This is a big deal. Any conversation about the reliability of a polygraph is a distraction.

[flagged]
Now that we have real time brain scanning techniques I bet there is something way more accurate than a polygraph out there now.