Lawmaker Polygraphs Sought in Leak Probe

FBI agents have questioned nearly all 37 members of the Senate and House intelligence committees and have asked many if they would be willing to submit to polygraph tests as part of a broad investigation into leaks of classified information related to the Sept. 11 attacks, according to officials involved in the inquiry.

Most of the lawmakers have told the FBI they would refuse a polygraph, citing the constitutional separation of powers between the legislative and executive branches of government and the unreliability of the exam, those involved in the inquiry said.

Although the chairmen of the intelligence committees, Sen. Bob Graham (D-Fla.) and Rep. Porter J. Goss (R-Fla.), asked the FBI to conduct the inquiry, the unprecedented scale of the investigation has angered some lawmakers, according to people close to the probe. The lawmakers are unhappy that the FBI, an agency over which they have oversight responsibilities, is now investigating them.

FBI agents also have questioned 60 congressional staff members as well as officials at the CIA, Defense Department and National Security Agency. They are trying to determine the source of news stories that quoted Arabic communications making vague references to an impending attack on the United States that were intercepted by the NSA on Sept. 10 but not translated until Sept. 12.

Ranit Schmelzer, spokeswoman for Senate Majority Leader Tom Daschle (D-S.D.), said Daschle had “grave concerns about the congressional separation of powers issues raised by having one branch of government asking to polygraph employees of another branch.” But, she added in a statement, “this matter is between the House and Senate intelligence committees and the Justice Department. The intelligence committees asked the Justice Department to conduct this investigation and it is up to these parties to determine the appropriate guidance” for members regarding the polygraph.

Congressional leaders established a joint House-Senate intelligence panel this year to review the performance of the CIA, FBI and other intelligence agencies leading up to the Sept. 11 attacks and to recommend changes to the intelligence community.

As the panel’s hearings got underway, stories appeared about the NSA intercepts, drawing a heated White House rebuke. Administration officials said the leaks may be a federal crime.