Pentagon’s disclosure of fired general’s failed polygraphs may have broken law

Legal experts say the Pentagon may have violated the Privacy Act by telling reporters that fired Lt. Gen. Brett Sylvia failed three polygraph exams during a leak investigation, CBS News reported.

The Pentagon may have violated federal privacy law when an official told reporters that Lt. Gen. Brett Sylvia, the fired director of strategy, plans and policy for the Joint Staff, had failed three polygraph exams, legal experts told CBS News.

A statement from a Pentagon official shared with media on Wednesday said Sylvia failed the exams during an ongoing leak investigation and accused him of leaking classified information about Iran and the Russia-Ukraine war. CBS News said it could not verify the claims and that the official offered no evidence. Two other Pentagon sources confirmed the firing was tied to the polygraphs but disputed the leak allegations.

Attorneys said the Privacy Act of 1974 generally bars agencies from releasing personal records without consent. “This is a Privacy Act violation,” said Cody Harnish, a former Army officer and defense attorney, adding that the statement also revealed a counterintelligence probe and a Justice Department referral. Frank Rosenblatt of the National Institute of Military Justice disagreed on the Privacy Act question but called polygraph results unreliable and inadmissible in court.

Brett Sylvia during a Combined Resolve exercise (file photo)

Pentagon spokesman Sean Parnell later said the department has “zero tolerance for the intentional, unauthorized disclosure of classified information” and that the firing followed an extensive investigation by the Air Force Office of Special Investigations, without naming Sylvia. Axios reported, citing an internal report, that Sylvia admitted leaking information about Ukraine and Iran to two reporters; CBS has not verified that report. Sylvia did not respond to requests for comment.

More than 20 generals, admirals and senior civilian leaders have been fired or have left since Pete Hegseth became defense secretary.

Have a story, event or announcement of your own?Send us your news on WhatsApp

Spotted an error in this story?Report it on WhatsApp

Share on all social platforms