September 12, 2001: FAA New York Center Manager Forwards 9/11 Evidence to FBI, but Does Not Provide Tape of Controllers’ Accounts

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 ] 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 ; 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 ; 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 ]
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 ; Air Safety Week, 5/17/2004 ]