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CNN Live Saturday

Will FBI Force Members of Congress to Take Polygraphs?

Aired August 03, 2002 - 12:17   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: Let's talk more about these polygraph tests, their reliability and Congress, and let's bring in Mike Brooks.

Many members of Congress are saying, wait a minute. The FBI, you say you already have phone records and dates and times of conversations. You say you have the proof, but can you force, talking about the FBI, can you force members of Congress to submit to polygraph tests?

MIKE BROOKS, CNN LAW ENFORCEMENT ANALYST: Right. You know, how can they be compelled to take the tests? Keep in mind that a polygraph is an investigative tool. It's only as good as the polygraph examiner and the questions that are asked during the examination. If it was that reliable, why wouldn't it be admissible in court? As we know right now, polygraphs are not admissible in a court of law. So, we have a problem here also, you have the FBI investigating the select committee that's also looking into the actions of the FBI prior to September 11. So is there a conflict there? I think that's what a lot of members are saying, there is a conflict.

WHITFIELD: And there are 37 House and Senate Intelligence Committee members who have been polled, who have been interviewed, as you said. Many of them say there is that conflict of interest. You know, how is it that they can even trust that these tests would be accurately or fairly be conducted?

BROOKS: Right. And you know, again, the -- how reliable are polygraph tests? I myself don't think they're that reliable. Look at Aldrich Ames, for instance. He's spending the rest of his life in jail for spying, a CIA spy. And he beat all the tests. He beat them all when they were investigating him. So, you know, do they work? Sometimes.

WHITFIELD: Well, if this perhaps could be a tool or a lesson, if indeed polygraph tests would be used, wouldn't it be perhaps used as a deterrent, or could this investigation be now a deterrent to try and keep these leaks from taking place, if it involved members of Congress?

BROOKS: It could be, but there, again, we go back to, you know, how will they be compelled. Now, their staffers -- that might be another issue. Their staffers have also been interviewed. All 37 members have been interviewed by the FBI, as well as some of their key staffers. Are the staffers, will they be compelled by a subpoena to take a polygraph? Probably not. I think overall when everything's done, I don't think we're going to have the members of Congress taking polygraphs.

WHITFIELD: So, in your view, are you seeing this really as a threat and not necessarily as a practical, pragmatic solution or possibility?

BROOKS: Most of the time, the FBI when they're investigating, when they're asking they'll ask, well, would you be willing to take a polygraph? And a lot of people would step back and say, I don't know, you know, I want to ask my attorney. And most attorneys will tell you, if you're guilty at all, don't take a polygraph. But it could be used, you know, as a tool to scare the members of Congress, but they're tough customers and they're hard to scare.

WHITFIELD: All right. We'll be watching. Law enforcement and security expert for us, Mike Brooks. Thanks a lot.

BROOKS: Thank you, Fredricka.

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