DownInThreeGreen:
As far as your Captain having a "great device" to defeat the effectiveness of the FDR...I think I had a pretty good way as well, if needed, (which thankfully I never did in 24+ yrs, 11 in the Left Seat)...a very seasoned Cap't showed me that one...
I think you meant CVR, not FDR. The technique defeated only the area mike, not the VHF comm or interphone channels. In that way no one could be accused of pulling the C.B.
I don't believe anyone ever felt the transcripts wouldn't end up in court on occasion. But, the rules in the U.S. greatly limit them as evidence and the NTSB employees are exempt from testifying about their content. Only the parade of so-called experts can make such testimony which is often easily rebutted by other experts.
It's the actual recordings that were supposed to be never, ever released.
Moral: never trust government "promises." Even though their intentions may have been good at the inception, time tends to pour a load of road pavement down into dark places.
I never defeated an area mic when I was flying PIC. I felt it served no useful purpose and could serve to my detriment under the "right" circumstances. In fact, if something went wrong that was known to be a problem it provided an opportunity to make brief editorial comments, which could take the investigation in a different direction.