.....@Winemaker - thanks for posting the archived article. Which prompts some further comments and "general overviews on the investigation" as Annex 13 continues to provoke concerns in other ICAO Member States.
1. Producing documents just a short time before a scheduled deposition or, in this instance, a scheduled session before an investigatory board at which witnesses from the producing party or entity will testify under oath, is a classic sign of intentional failure to cooperate. Perhaps there were valid reasons for the last-minute production of documents the Board had requested; there is no way I could know whether valid reasons existed or not. But absent an articulable basis in fact, the late disclosure of requested documents means that the FAA officials responsible intended to delay, deflect, or otherwise interfere with the Board's processes. It is not obstruction of justice as such - but having had a litigation practice which involved many instances of needing to produce, or conversely wanting to receive, significant document disclosures with enough time to evaluate them prior to taking (or defending) depositions, if there were legit reasons for FAA's timing....well, they would need to be pretty good ones, given the appearance of intent to delay and so on.
2. As to retaliation, it is understandable that FAA would have moved people from DCA in the aftermath of the accident, and not necessarily for retaliatory motives. Or, not necessarily only for retaliatory motives. That particular set of personnel changes in the immediate aftermath of the accident, however, does not actually address the larger issue of the existence of a retaliatory mindset within the agency, or at least the perception of such a mindset, which also would inhibit or discourage speaking up about changes needed for safety's sake.
3. Is there an investigation process by the Army which will be (or already is) publicly available, in whole or in part?
4. The perhaps unusual or even surprising extent to which the hearings appeared to approach an adversarial context suggested it was time to check on the status of the preliminary litigation activities. (Under the Federal Tort Claims Act, which is pertinent to claims against the FAA and the U.S. Army, a preliminary type of claim must first be filed with the federal entities, who have some defined time period in which to respond, or not. This was filed in mid-February.) One of the prominent attorneys specializing in representing families of accident victims, in a video segment on the firm's website, described the status of the matter. What I had not (perhaps inexcusably) anticipated was a description of likely, or at least possible, claims against the airline, and Sikorsky. About the airline, the attorney asserted that it appears the airline knew that flight operations into DCA were especially risky, that there had been several instances of cause for heightened alarm or concern, and that in the past what he called special training had been required for flying into DCA but which had been discontinued - all in the context of proximity of helicopter flight operations.
I get it. Under the FTCA, claims against the federal entities may well be challenged on the basis of the exception to waiver of sovereign immunity for (so-called) discretionary functions (a case involving Varig Airlines is a well-known example). And even if the claims go forward, there are no punitive damages allowed by the FTCA. And FTCA claims are tried to the court (judge) only, not to a jury. But claims against the airline and manufacturer, as implausible as they may appear, would allow recovery of punitive damages, and would be tried to a jury. So it isn't just a case of deeper pockets and insurers, it's also leverage given the different avenues of legal redress.
It will get . . . intense. And if the Board report ultimately follows suit to the main take-aways from the hearings, well.