Addition: the procedures the FAA is required to follow for accidents involving commercial aircraft and/or fatalities or serious injuries can be seen at http://www.faa.gov/documentLibrary/media/Order/JO8020.16A.pdf , starting with paragraph 71 on page 27 of that PDF.
I did an interview with the Hagmann and Hagmann Report, which can be seen at http://www.frequency.com/video/hagmann-hagmann-15-july-2014/181264656/-/5-1002
What follows is a summary of one of the major points. (The request and response are found at https://butterdezillion.files.wordpress.com/2014/07/faa-foia-request-2-and-disclosure-letter.pdf ):
I submitted a FOIA request for FAA records related to the “Fuddy crash”, including radar, radio, computer records, handwritten notes, emails, and phone calls including inter- and intra-agency phone calls during the 2-8pm HST time period as well as in the follow-up to the water landing of N687MA.
The FAA responded by sending from the Honolulu Control Facility (HCF) some air traffic audio files, Daily Record of Facility Operation, Mandatory Occurrence Report, and National Traffic Management Log (NTML). They also sent the result of a computer search for NOTAM’s (Notices to Airmen) for the Maui FAA facility.
The NTML had the identities of 3 “special operations” military aircraft redacted – one of which was scheduled in advance for 3-4pm HST on Dec 11th. The audio files suggest that this operation was in the Molokai/Kalaupapa area and left the area around the same time as the crash (based on the FAA investigator’s calculated time for the crash).
But beyond that, the FAA said that all the other records which would have been responsive to my request were destroyed.
No radar, no computer records/files, no handwritten notes, no emails, no phone calls. There were no other records responsive to my request; whatever might have existed had been destroyed:
““The search revealed no ATO records responsive to items 3, 4, 7. 9, 10, 12, and 13 of your request. There are no ATO provisions for recording the frequencies listed in items 12 and 13. In addition, this accident was classified as a “no services” accident, meaning no FAA facility had contact with the aircraft. No transcripts were created and any radar data responsive to item 9 or additional audio re-recordings that may have existed have been destroyed in accordance with FAA Order 7210.3Y, Facility Operation and Administration…”
A Mandatory Occurrence Report is the report required to be filed (usually by the last FAA facility to have contact with the plane before the accident) when a report and “accident package” and file are mandated because the accident involved a commercial aircraft and/or fatalities or serious injury. If there is a MOR there also has to be an “accident package” – pertinent records (of the very kinds I asked to see) collected (and retained for 5 years) by the reporting facility from all the FAA or FAA-contracted facilities which could have relevant records. HCF filed the MOR because (according to the MOR) HCF’s Operational Supervisor in Charge was in contact with N687MA – although none of the audio files disclosed to me showed that, and the frequency for the contact was not included in the MOR.
Those records should not have been destroyed. If they truly have been destroyed someone should go to jail for destroying them. If they haven’t been destroyed, somebody should go to jail for lying in an official FOIA response, in order to keep from being forced to disclose those records.
There’s more, which can be heard on the audio linked above. But for now I want to make sure that people realize the enormity of the FAA’s claim that they destroyed these records. There are a TON of discrepancies in the official records that have been made available to me, including these FAA written and audio files. But we can’t get to the bottom of what really happened because the FAA records which would reveal exactly what happened have been destroyed. according to the official FAA FOIA response.