Hegseth’s Pentagon Polygraph Plan, Legal or Loyalty Test? #military #news

Pete Hegseth might order random polygraph testing at the Pentagon. So should generals and other service members be worried about getting a court-martial if they refuse? Here's what the UCMJ says about it. Hey, I'm Cody Harnish, UCMJ attorney. I'm a former JAG and now I only practice military law. This week, multiple news outlets reported that the Pentagon, under Pete Hegseth, is planning on rolling out mandatory NDAs and random polygraph testing.

And the stated reason is to stop the leaks. So let's talk law. Military Rule of Evidence 707 could not be more clear on this issue. It says polygraph results, examiner opinions about the results, or even the fact that someone took or refused to take a polygraph test is inadmissible at a court-martial. Period. It can't come in.

So what are the consequences of refusing then? Well, the only way the government could punish a service member for something like this is for charging them with disobeying a lawful order. Do you see the problem? If the order requires you to submit to a test that the UCMJ itself says cannot be used in court, is it really lawful in the first place? That's shaky legal ground right there. And it gets even darker if the test is used not for security, but for a partisan loyalty test. That would

turn an already unconstitutional order into something much, much worse. A political purge in the military. So yes, refusing might trigger some type of charges, but the defense rights itself. Military rule of evidence 707 says clearly that polygraphs cannot be used in a court martial. And guess what? They also cannot be used at a separation board. So if the leadership tries to use them in any way, it's going to be an abuse of power

that's just waiting to be challenged by the black letter of the law. Like, share, comment, and follow for more information on military law. And in the meantime, I'm going to be right here and follow for more information on military law. And in the meantime, I'm going to be right here defending America's defenders.