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Context of 'November 2001-May 2002: FAA New York Center Submits ‘Formal Accident Package’ for 9/11 Attacks, but Leaves out Tape of Controllers’ Accounts'

This is a scalable context timeline. It contains events related to the event November 2001-May 2002: FAA New York Center Submits ‘Formal Accident Package’ for 9/11 Attacks, but Leaves out Tape of Controllers’ Accounts. You can narrow or broaden the context of this timeline by adjusting the zoom level. The lower the scale, the more relevant the items on average will be, while the higher the scale, the less relevant the items, on average, will be.

A manager at the FAA’s New York Center begins forwarding evidence relating to the 9/11 attacks to the FBI, but he does not pass on, or reveal the existence of, a tape recording of some of the center’s air traffic controllers recalling their interactions with the hijacked aircraft. [US Department of Transportation, 5/4/2004 pdf file] Shortly after the attacks occurred, Kevin Delaney, the New York Center’s quality assurance manager, was instructed to make a tape recording of six controllers at the center who had been involved in handling or tracking two of the hijacked aircraft, giving their personal accounts of what happened (see 11:40 a.m. September 11, 2001). [9/11 Commission, 10/1/2003 pdf file; Washington Post, 5/6/2004; Air Safety Week, 5/17/2004]
Tape Not Provided to FBI - In response to verbal requests from the FBI, the FAA’s liaison to the bureau provides it with evidential material relating to the 9/11 attacks. Beginning on September 12, Delaney forwards evidence materials, as they become available, to the FBI through this liaison. But, although the tape of the controllers’ statements was logged into the New York Center’s record of evidence, neither Delaney nor Mike McCormick, the center’s manager, passes it to the FBI. Furthermore, neither of the two managers even discloses the existence of the tape to the FBI or the FAA liaison. Nor do they provide the center’s evidence log, which references the tape, to the FBI. Yet McCormick will later claim that one of his reasons for having requested the tape be made on September 11 was that he wanted a recording of the controllers’ statements that would be immediately available for law enforcement efforts. [US Department of Transportation, 5/4/2004 pdf file; Air Safety Week, 5/17/2004] He had also reassured the six controllers that the tape with their recorded statements on would be strictly for use only by law enforcement personnel (see (Shortly Before 11:40 a.m.) September 11, 2001). [9/11 Commission, 10/1/2003 pdf file]
Tape Could Have Been Provided on Following Day - By September 13, the FAA liaison will have provided the FBI with air traffic control voice and radar data, which the bureau is most interested in receiving, as well as several written statements that have already been obtained from controllers at the FAA’s Boston and Cleveland Centers, and from personnel at Washington’s Dulles Airport. Had McCormick or Delaney notified the liaison of the tape’s existence, he could have forwarded it to the FBI along with these statements. The tape will be deliberately destroyed several months later (see Between December 2001 and February 2002), and is never made available to the FBI for its investigation. [US Department of Transportation, 5/4/2004 pdf file; Air Safety Week, 5/17/2004]

Entity Tags: Mike McCormick, Federal Bureau of Investigation, Kevin Delaney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The local vice president of the air traffic controllers’ union checks with a manager at the FAA’s New York Center whether anyone has listened to an audio tape that was recorded on September 11, on which several controllers recalled their experiences of the attacks, and is assured that the tape is going to be destroyed. [US Department of Transportation, 5/4/2004 pdf file]
Union Vice President Asks about Tape - Within a few hours of the 9/11 attacks, Kevin Delaney, the New York Center’s quality assurance manager, tape-recorded witness statements from six controllers at the center that had been involved in handling or tracking two of the hijacked aircraft (see 11:40 a.m. September 11, 2001). [9/11 Commission, 10/1/2003 pdf file; Washington Post, 5/6/2004; Air Safety Week, 5/17/2004] On at least two occasions over the following few months, the local vice president of the National Air Traffic Controllers Association (NATCA)—the controllers’ union—asks Delaney whether anyone has listened to the tape of those statements. (Delaney will later recall that he speaks with the union vice president about the tape in October 2001 and again in February 2002.)
Delaney Says He Will Destroy Tape - Delaney, who is the custodian of the tape, assures the union vice president that no one has listened to the tape, and it is not going to be provided to anyone. He also says he will “get rid of it” once the center’s formal accident package, which will include the controllers’ written statements about the 9/11 attacks, has been completed (see November 2001-May 2002). [US Department of Transportation, 5/4/2004 pdf file]
Center Manager Gave Similar Assurance - Before the taping of the six controllers commenced on September 11, New York Center manager Mike McCormick had given similar assurances to Mark DiPalmo, the local NATCA president. DiPalmo agreed to the recording going ahead on the condition that the tape would only be a temporary record until written statements were obtained, after which it would be destroyed (see (Shortly Before 11:40 a.m.) September 11, 2001). [9/11 Commission, 10/1/2003 pdf file; US Department of Transportation, 5/4/2004 pdf file; New York Times, 5/6/2004]
Tape-Recording Statements Not Standard Procedure - The Washington Post will report that, according to union officials representing air traffic controllers, the tape-recording of controllers’ accounts of an accident is almost unheard of, and the normal procedure is for controllers to provide written statements after reviewing radar and other data. [Washington Post, 5/7/2004]

Entity Tags: Kevin Delaney, National Air Traffic Controllers Association

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FAA’s New York Center submits a “formal accident package” of evidence relating to the 9/11 attacks to FAA headquarters in Washington, DC, but a manager at the center deliberately excludes from it an audio tape on which several air traffic controllers recalled their experiences with the hijacked aircraft. [US Department of Transportation, 5/4/2004 pdf file; Washington Post, 5/6/2004] This tape was created on September 11, shortly after the attacks occurred, when six controllers at the New York Center who communicated with, or tracked, two of the hijacked aircraft were recorded giving their personal accounts of what happened (see 11:40 a.m. September 11, 2001). [Washington Post, 5/6/2004] The tape was then logged into the center’s formal record of evidence. [US Department of Transportation, 5/4/2004 pdf file]
Evidence Package Required for Air Accidents - FAA policy requires that a formal accident package be provided for all aircraft accident investigations, including military investigations, when FAA air traffic facilities were, or may have been, involved in the accident. A formal accident package must include “all pertinent records, personnel statements, transcriptions of voice recordings, charts, operation letters, letters of agreement, and facility memoranda.” [Federal Aviation Administration, 8/16/2000 pdf file] Kevin Delaney, the New York Center’s quality assurance manager, has had an argument with FAA headquarters over whether the events of 9/11 should be declared an aircraft accident or an incident. Less information needs to be provided in an incident package than in an accident package. But as the 9/11 attacks are deemed an accident, Delaney is supposed to provide the names of everyone involved in them, including those that died at the World Trade Center. He must also provide transcripts and other information relating to the status of the aircraft involved, which would not be included in an incident package. [9/11 Commission, 9/30/2003 pdf file]
Package Returned for Extra Work - The New York Center submits its formal accident package to FAA headquarters in November 2001, but the package is returned to the center the following month for additional work. It is re-sent and finalized in May 2002.
Delaney Decides to Omit Tape - The formal accident package includes written statements about the 9/11 attacks that have been provided by controllers whose accounts were recorded on the audio tape (see (Between September 11 and October 2, 2001)). But Delaney makes a conscious decision not to also include that tape in the package. His reason for this, he will later say, is that including it would mean losing control of the tape, thereby being unable to keep a promise he made to the National Air Traffic Controllers Association that he would “get rid of” it (see October 2001-February 2002). At some point after the initial submission of the package, between December 2001 and February 2002, Delaney deliberately destroys the tape of the controllers’ statements (see Between December 2001 and February 2002). [US Department of Transportation, 5/4/2004 pdf file]

Entity Tags: New York Air Route Traffic Control Center, Kevin Delaney, Federal Aviation Administration

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A manager at the FAA’s New York Center deliberately destroys an audio tape that was made on September 11, on which several of the center’s air traffic controllers recounted their interactions with the hijacked aircraft. [New York Times, 5/6/2004; Washington Post, 5/7/2004] Within hours of the 9/11 attacks, Kevin Delaney, the New York Center’s quality assurance manager, was instructed to make the tape recording, on which six controllers at the center involved in handling or tracking two of the hijacked aircraft recalled their experiences of what happened (see 11:40 a.m. September 11, 2001). [9/11 Commission, 10/1/2003 pdf file; Washington Post, 5/6/2004; Air Safety Week, 5/17/2004]
Crushes Cassette, Cuts Tape into Small Pieces - But a few months later, some time between December 2001 and February 2002, Delaney destroys the tape. He will later recall that he does so by “crushing the cassette case in his hand, cutting the tape into small pieces, and depositing the pieces in trash cans throughout the center.” A Department of Transportation (DOT) report in 2004 will point out, “It is clear [Delaney] went to great lengths to destroy the tape so that it would never leave the center intact.”
Superiors Not Consulted - Delaney disposes of the tape of his own volition, and without consulting his superiors. However, Mike McCormick, the New York Center manager, will later say that, had Delaney asked for his permission to destroy the tape, he would have given it, since he viewed the tape as only a temporary record.
Two Reasons for Destroying Tape - Delaney will later tell DOT investigators that he destroys the tape for two reasons. Firstly, he considers the creation of the tape to have been contrary to FAA policy for aircraft accidents and incidents, which requires that handwritten statements be made after controllers are able to review certain materials, such as radio transmissions and radar data. (The DOT investigators will dispute this conclusion (see May 6, 2004).) He therefore feels the tape is of limited value relative to the controllers’ written statements (see (Between September 11 and October 2, 2001)). Secondly, Delaney feels the controllers were distressed on 9/11, and therefore not in the correct frame of mind to properly consent to the taping. He bases this assessment partly on what he has seen on television crime shows, about due process and legal rights associated with investigations. But the 2004 DOT report will state, “Under FAA policy, and as supported by air traffic policy experts at FAA headquarters, the tape should have been considered an original record and retained for five years.” A former criminal investigator will comment, “Ray Charles [the blind musician] could see that this was a cover-up.”
Others Not Notified - Delaney destroys the tape without anyone having listened to, copied, or transcribed it. He will not inform the New York Center’s management that he has destroyed the tape until he is asked about it in September 2003, following inquiries by the 9/11 Commission. Materials the New York Center prepares for submission to the Commission will even include a chain-of-custody index that mistakenly indicates the tape still exists. And prior to an investigation by the DOT’s Office of Inspector General in late 2003 and early 2004, apparently no one outside the New York Center will be aware of the existence of the tape, or of its destruction.
Union Told Tape Would Be Destroyed - Delaney previously assured the local vice president of the National Air Traffic Controllers Association (NATCA) that he would “get rid of” the tape once the center’s formal accident package had been completed (see October 2001-February 2002). (This package has now been submitted to FAA headquarters (see November 2001-May 2002).) But Delaney will tell DOT investigators that he did not feel under any pressure from NATCA to destroy the tape. McCormick made a similar agreement with the local NATCA president, that the tape would be destroyed after written statements had been obtained from the controllers (see (Shortly Before 11:40 a.m.) September 11, 2001), but Delaney is unaware of this.
No Regrets - Delaney apparently has no subsequent regrets about destroying the tape. He will later say that, under similar circumstances, he would again follow the same course of action. [US Department of Transportation, 5/4/2004 pdf file; Air Safety Week, 5/17/2004]

Entity Tags: Kevin Delaney, Mike McCormick

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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