Following the news that Defense Secretary Pete Hegseth
this week, a statement shared to media outlets from a Pentagon official said the high-ranking officer had failed polygraph examinations amid an ongoing investigation into alleged leaks of classified information to journalists.
asserted
officer → follow → journalists
The revelation is unusual and raises questions about whether the disclosure violated federal privacy laws.
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disclosure → raise → laws
Lt. Gen. Brett Sylvia's ouster from the Joint Staff was first reported by The Atlantic Wednesday evening.
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ouster → report → Atlantic
Soon after, social media influencers and news outlets, including CBS News, published a statement that said Sylvia failed three polygraph examinations.
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Sylvia → include → examinations
Some attorneys say the disclosure could run afoul of the Privacy Act of 1974, which generally prohibits federal agencies from releasing personal information maintained in certain government records without the individual's consent or other legal authorization.
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which → say → consent
Polygraph results, which are ordinarily maintained in personnel security or counterintelligence records, are protected under the law.
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which → maintain → law
The statement from the official also accused Sylvia of leaking classified information about Iran and the Russia-Ukraine war.
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statement → accuse → Iran
Brad Moss, a Washington, D.C.-based attorney who specializes in national security and security clearance law, told CBS News that the Privacy Act prohibits public disclosure of these types of details from an official's file without consent of the official.
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Act → specialize → official
Courts have recognized that verbal disclosures can also violate the law, and individuals can sue federal agencies for certain violations of the Privacy Act.
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individuals → recognize → Act
"It defies belief to see … [the] leaking of Privacy Act-protected information of an employee in order to accuse that same employee of themselves being accused of unauthorized leaks," said Moss.
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Moss → defy → leaks
Sylvia, a highly decorated three-star general with a Purple Heart and six Bronze Star Medals — one of them for valor — served as the director of strategy, plans and policy for the Joint Staff, known as the J5.
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Sylvia → decorate → J5
He was removed from his position over what the official described as "severe misconduct."
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official → remove → misconduct
No reply was returned when CBS News reached out to Sylvia on Thursday.
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News → return → Thursday
The Pentagon also did not respond when asked about the details shared by the official and the Privacy Act.
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Pentagon → respond → official
The official alleged that Sylvia had repeatedly disclosed classified information to journalists and began meeting with reporters outside the Pentagon after the department instituted a
requiring journalists to be escorted inside the building, adding that the investigation remained ongoing and had been referred to the Justice Department.
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investigation → allege → Department
CBS News has reached out to the agency for comment.
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News → reach → comment
The allegations from the official could not be independently verified by CBS News, and the official provided no evidence supporting the claims.
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official → verify → claims
Two other Pentagon sources
to CBS News that the firing was related to the polygraph tests, but disputed the claims of the general leaking classified information.
uncertain
general → to → information
Citing unnamed officials, The New York Times reported that Sylvia spoke to at least one journalist while on the Joint Staff but denied sharing any sensitive or classified information.
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Sylvia → cite → information
On Thursday evening, Axios reported that Sylvia admitted to leaking classified information about Ukraine and Iran to two reporters from separate news outlets over a one year period, according to an internal report of the investigation obtained by the news agency.
uncertain
Sylvia → report → agency
CBS News has not seen or been able to verify the contents of the internal report.
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News → see → report
But separate from the allegations of leaking classified information is the statement that followed the breaking news on Wednesday.
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that → leak → Wednesday
Under the Privacy Act, federal agencies are generally prohibited from disclosing certain protected information maintained in the U.S. government's system of records without the individual's written consent, unless a statutory exception applies.
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exception → prohibit → consent
"This is a Privacy Act violation," Cody Harnish, a former Army officer with the Judge Advocate General's Corps who now works as a private defense attorney for U.S. service members, told CBS News.
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who → work → News
"Polygraph results are protected records under the Privacy Act of 1974.
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results → protect → 1974
They are exactly the kind of records the Pentagon withholds from requests under the Freedom of Information Act because they are protected," said Harnish.
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Harnish → withhold → Act
"Secretary Hegseth cannot sign off on the Pentagon not following the statute."
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Pentagon → sign → statute
He added: "The statement discloses a lot more than polygraph results.
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statement → add → results
It also discloses the existence of a pending counterintelligence investigation, a referral to the Department of Justice … and the Pentagon's conclusory statement of 'severe misconduct' in a case that it admits is still being investigated.
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it → disclose → case
Additionally, if they wanted to go after the general with a court-martial, the statement is clear proof of Unlawful Command Influence.
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statement → want → Influence
Unlawful Command Influence, or UCI, occurs when military commanders or senior officials improperly interfere with the military justice process, potentially undermining the fairness of an investigation or court-martial.
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commanders → occur → investigation
Military courts have often described it as the "mortal enemy of military justice," and UCI can be actual or apparent, meaning that even the perception that senior leaders are attempting to influence investigators, prosecutors, witnesses or military judges can raise concerns about the integrity and impartiality of proceedings.
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leaders → describe → proceedings
Presidents and defense secretaries can also commit to UCI given their roles.
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Presidents → commit → roles
Frank Rosenblatt, a retired lieutenant colonel who also served in the Army Judge Advocate General's Corps and is now the president of the National Institute of Military Justice, disagreed that the disclosure of polygraph information violated the Privacy Act.
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disclosure → retire → Act
Instead, he raised concerns about using polygraph data, which is not admissible as evidence in court, to go after the general officer publicly.
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which → raise → officer
"This unreliable junk information is being allowed to stand in for like actual evidence that he's done something," Rosenblatt said.
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Rosenblatt → allow → something
On Thursday morning, chief Pentagon spokesperson Sean Parnell posted a statement to his official X account saying the department has "zero tolerance for the intentional, unauthorized disclosure of classified information.
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department → post → information
But Parnell's statement marked a notable departure from the earlier, more detailed account provided by the official, who identified Sylvia by name, accused him of leaking classified information and disclosed that he had allegedly failed three polygraph examinations.
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he → mark → examinations
While the earlier statement described specific allegations against Sylvia, Parnell's subsequent statement did not identify the general or repeat those allegations.
Parnell's statement did introduce a new detail that the firing of Sylvia followed an "extensive investigation by the Air Force Office of Special Investigations."
More than 20 generals, admirals and civilian defense leaders have been
their jobs since Hegseth, the former Fox News host and National Guard veteran, became defense secretary at the beginning of the second Trump administration.
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Hegseth → describe → administration
Hegseth has pursued an aggressive effort to identify officials suspected of leaking information to the news media.
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Hegseth → pursue → media
…and 7 more, not listed.
The Aporia
