A Pentagon official's disclosure that Lt. Gen. Brett Sylvia allegedly failed three polygraph examinations has prompted questions about whether the department violated federal privacy protections. The statement circulated after The Atlantic reported Wednesday evening that Sylvia had been removed from the Joint Staff, and included accusations that he leaked classified information about Iran and the Russia-Ukraine war.
Sylvia, a three-star general whose decorations include a Purple Heart and six Bronze Star Medals, including one for valor, served as the Joint Staff's director of strategy, plans and policy. The official attributed his removal to alleged severe misconduct and said an ongoing investigation had been referred to the Justice Department. CBS News could not independently verify the accusations, and the official supplied no supporting evidence.
The Privacy Act of 1974 generally restricts federal agencies from releasing personal information held in covered government records without written consent or a statutory exception. Polygraph findings are ordinarily kept in personnel security or counterintelligence records protected by the law. Brad Moss, a Washington attorney specializing in national security and security clearance matters, said publicly disclosing such details from an official's file without consent is prohibited. Courts have also recognized that spoken disclosures can violate the law.
Cody Harnish, a former Army Judge Advocate General's Corps officer who now represents service members in private practice, called the statement a Privacy Act violation. He said it revealed more than test results, including a pending counterintelligence investigation and a Justice Department referral. Harnish also argued that the statement could establish unlawful command influence if Sylvia faced a court-martial. That term describes improper interference by senior officials in military justice proceedings, including conduct that creates an appearance of interference.
Frank Rosenblatt, a retired Army lieutenant colonel and former Judge Advocate General's Corps officer who leads the National Institute of Military Justice, disagreed that disclosing the polygraph information breached the Privacy Act. His concern was the public use of polygraph findings, which are not admissible as evidence in court, as a substitute for evidence against Sylvia.
Accounts of the underlying allegations differ. Two other Pentagon sources told CBS News the dismissal was connected to the polygraph tests but disputed claims that Sylvia leaked classified material. The New York Times, citing unnamed officials, reported that he spoke with at least one journalist while serving on the Joint Staff but denied providing sensitive or classified information. Axios reported Thursday evening that an internal investigative report said Sylvia admitted sharing classified information about Ukraine and Iran with two reporters over a year. CBS News had neither seen nor verified that report.
Chief Pentagon spokesperson Sean Parnell issued a statement Thursday morning opposing intentional, unauthorized disclosures of classified information. Unlike the earlier account, his statement did not name Sylvia or repeat the specific accusations. It said the dismissal followed an extensive investigation by the Air Force Office of Special Investigations. Sylvia did not respond to CBS News on Thursday, and the Pentagon did not answer questions about the disclosure and privacy law. CBS News also sought Justice Department comment.
Defense Secretary Pete Hegseth has pursued suspected leaks aggressively. CBS News reported last month that senior military officials underwent polygraph testing in an investigation concerning reports of low munitions stockpiles tied to the Iran war. Last year, Pentagon officials Dan Caldwell, Darin Selnick and Colin Carroll lost their jobs after being accused of leaking classified information. Hegseth publicly acknowledged dismissing them while the investigation remained underway. None was charged with a crime, and Caldwell later returned to the administration at the Office of the Director of National Intelligence.
