results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take or taking of a polygraph examination, shall not be admitted into evidence. (b) Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible. Under the plain language of this rule, the military judge’s ruling was correct. By adding this Rule, the 1991 amendment to the Manual for Courts-Martial restored the armed forces to the approach followed in the 1969 Manual. Cf. United States v. Gipson, 24 M.J. 246, 253 (C.M.A.1987)(2-1 decision holding that the trial judge has the discretion to admit the results of polygraph examinations); United States v. Williams, 39 M.J. 555, 558 (A.C.M.R.1994)(<HOLDING>). The concerns behind this rule include: that
holding ban violated the sherman act holding that the governments use of classified evidence in detentionpendingdeportation proceedings violated detainees due process rights and inter alia justified his release holding that the trial court properly excluded evidence that other persons had a motive to kill the victims because inter alia such evidence was speculative holding that the absolute ban on polygraph evidence violated due process and the right to present evidence citing inter alia chambers v mississippi 410 us 284 93 sct 1038 35 led2d 297 1973 holding that suppression of evidence by the prosecution of evidence favorable to the defendant upon request violates the defendants right to due process where the evidence is material