Quotes by Justice Kavanaugh on the Reliability of Polygraph Tests
THEN
NOW
May 20, 2016
Sept 27, 2018
#BrettKavanaugh 5/20/16: "Polygraph examinations serve law enforcement purposes." » #Kavanaugh 9/27/18: "❲Polygraph tests are❳ not admissible in Federal court because they’re not reliable." #KavanaughHearing Click To Tweet
Quotes by Justice Kavanaugh on the Reliability of Polygraph Tests
THEN
May 20, 2016
- May 20, 2016
Kavanaugh Ruling: United States Court of Appeals, District of Columbia Circuit.
Kathryn SACK, Appellant v. UNITED STATES DEPARTMENT OF DEFENSE, Appellee
FindLaw, May 20, 2016
SACK v. U.S. DEPT. OF DEFENSE
NOW
Sept 27, 2018
Sept 27, 2018 -
Senate Judiciary Committee Supreme Court Confirmation Hearing
Washington Post, Sept. 27, 2018
Kavanaugh hearing: Transcript
Context
In a federal court ruling on May 20, 2016, Federal Circuit Court Justice Brett Kavanaugh ruled on the reliability of polygraph tests with respect to testing “the credibility of witnesses and criminal defendants”:
“The Government has satisfactorily explained how polygraph examinations serve law enforcement purposes.”1FindLaw, May 20, 2016
Kathryn SACK, Appellant v. UNITED STATES DEPARTMENT OF DEFENSE, Appellee
retrieved 9/27/18
In the context of sexual assault allegations made against him during his Sept. 27, 2018 Senate Judiciary Committee hearing for confirmation to the Supreme Court, however, Kavanaugh did an about-face with regard to their reliability:2Washington Post, Sept. 27, 2018
Kavanaugh hearing: Transcript
retrieved 9/27/18
Senator Kamala Harris: You [Dr. Ford] have passed a polygraph – polygraph and submitted the results to this committee. Judge Kavanaugh has not…
Harris: “Judge Kavanaugh, have you taken a professionally administered polygraph test, as it relates to this issue?”
Kavanaugh: “No, the — I’ll do whatever the committee wants. Of course, those are not admissible in Federal court, but I’ll do whatever the committee wants, they’re not admissible in Federal court because they’re not reliable.”
[ The GOP-controlled Senate Judiciary Committee did not ask Kavanaugh to take a polygraph test. ]
