NTSB Documents and Audio/Video Recordings Relating to the November 12, 2022 Plane Collision at Dallas Executive Airport

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

I request access to and copies of all documents, memos, reports, and any other information in the possession of the National Transportation Safety Board (NTSB) relating to the plane collision accident that occurred at Dallas Executive Airport on Saturday, November 12, 2022. I also request access to any audio and video recordings related to the accident.

On November 12, 2022, a mid-air collision occurred during the Dallas Airshow, which was being held at Dallas Executive Airport. According to news reports, a vintage World War II-era aircraft collided with a modern aerobatic plane, resulting in the deaths of both pilots. The incident occurred in front of a large crowd of spectators, many of whom captured video footage of the collision.

In order to facilitate the NTSB's investigation and promote transparency, I request access to the following documents, memos, reports, and any other information related to the accident, as well as any audio and video recordings that capture the accident or events leading up to it:

Preliminary and final accident reports;
Technical and factual reports;
Records of witness statements and interviews;
Air traffic control communications;
Maintenance and inspection records for the aircraft involved;
Any correspondence or communication between the NTSB and other parties regarding the accident;
Photographs and videos of the accident scene and wreckage;
Any other documents or information related to the accident;
Any audio or video recordings that capture the accident or events leading up to it.
Please provide these records and recordings in a readable electronic format, such as PDF, Microsoft Word, or MP4.

If any portion of this request is denied or exempt from disclosure, please cite the specific exemption and provide an index of the withheld or redacted records, as required by law.

Please be advised that any attempt to withhold or delete responsive documents and recordings will be appealed in a court of law. Any such actions may result in legal proceedings to compel the production of the records and recordings and any applicable penalties. I also request that any responsive records and recordings be provided on a rolling basis, meaning that records and recordings should be provided as they become available instead of waiting for all records and recordings to be collected before responding to the request.

This request is made in the public interest and is intended to promote transparency and accountability in government.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Jordan

My name is Jordan Lassiter

Dear Ms. Moye,

I am writing to appeal the decision made on my Freedom of Information Act (FOIA) request, FOIA-2023-00303, regarding records from the National Transportation Safety Board (NTSB) investigation of the November 12, 2022, Dallas, Texas accident (CEN23MA034). I understand that the investigation is still ongoing and that the NTSB has denied my request for records in accordance with Exemption 5 of the FOIA.

While I appreciate the NTSB's need to maintain the integrity of the investigation and the importance of the Safety Board's independence and effectiveness, I believe that the public has a right to access information related to this accident. I understand that the NTSB makes public dockets available at the conclusion of each investigation, but I believe that access to preliminary records is crucial to ensuring transparency and accountability in the investigative process.

Furthermore, I believe that the NTSB's decision to withhold records from a pending investigation is not in line with the spirit of the FOIA, which is intended to promote openness and accountability in government. The public has a right to know how the NTSB is conducting its investigation and what steps are being taken to prevent similar accidents in the future.

I would like to cite several court cases that support my argument for access to preliminary records from a pending investigation. In Sears, Roebuck & Co. v. General Services Administration, 421 U.S. 132, 150-51 (1975), the Supreme Court held that "inter-agency or intra-agency memorandums or letters that would not be available by law to a party other than an agency in litigation with the agency" are exempt from disclosure under Exemption 5 of the FOIA. However, this exemption is not absolute, and courts have consistently held that agencies must balance the public interest in disclosure against the interest in maintaining the confidentiality of internal deliberations.

For example, in Public Citizen Health Research Group v. FDA, 704 F.2d 1280, 1290-91 (D.C. Cir. 1983), the court held that the FDA could not withhold preliminary reports on drug safety, as the public interest in access to this information outweighed the agency's interest in maintaining confidentiality. The court reasoned that "the public has a strong interest in knowing how the FDA is evaluating the safety of drugs and in being able to evaluate the adequacy of the agency's performance."

Similarly, in Mead Data Central, Inc. v. United States Department of the Air Force, 566 F.2d 242, 256 (D.C. Cir. 1977), the court held that "in order to ensure that agency decisionmakers have available to them all the relevant information, even that which may ultimately prove not to have been dispositive of the ultimate decision, the public interest in open decisionmaking requires the protection of the deliberative process, even as to materials not ultimately relied upon."

Based on these precedents, I respectfully request that the NTSB reconsider its decision and provide me with access to the records from the ongoing investigation. If the NTSB still believes that the records should be withheld, I ask that it provide me with a more detailed explanation of how Exemption 5 of the FOIA applies to this case.

Thank you for your attention to this matter. I look forward to hearing back from you soon.

Sincerely,

Jordan Lassiter