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On Tuesday, Special Counsel Hampton Dellinger informed the president that he found the conclusions drawn by federal agencies from two separate whistleblower investigations to be unsatisfactory. This development has sparked renewed scrutiny of the air rescue operations conducted by Customs and Border Protection (CBP) along the southern border, as well as the Federal Aviation Administration’s (FAA) regulatory oversight concerning aircraft landings at Detroit Metropolitan Airport.
Customs and Border Protection (CBP)
In 2020, the Office of Special Counsel referred a whistleblower report to the Department of Homeland Security regarding allegations made by a CBP agent. The agent claimed that leaders overseeing an air unit in Deming, New Mexico, obstructed the unit from responding to emergency calls on several occasions. This inaction was connected to four fatalities, including that of a CBP agent.
A subsequent investigation by CBP in 2021 corroborated some of the whistleblower’s claims, including an incident where an agent operated a helicopter within restricted airspace without authorization. However, the investigation did not validate the allegations concerning senior officials hindering emergency responses from the air unit.
Despite the completion of two supplemental reports, the most recent submitted on August 1, 2024, the Office of Special Counsel has requested clarification from CBP regarding discrepancies in the agency’s conclusions. Dellinger expressed skepticism towards CBP’s findings, highlighting that evidence suggests that denials of the air unit’s assistance were not solely the result of decisions made by individual command duty officers.
“I am concerned with the agency’s findings. Despite evidence to the contrary, the agency’s findings maintain that each denial of [the air unit’s] requests to launch was a decision by the assigned CDO alone,” Dellinger stated. “I do not think the agency’s conclusion is reasonable.”
Federal Aviation Administration (FAA)
A retired air traffic controller has raised concerns that safety procedures at Detroit Metropolitan Airport have not been adequately updated. Allegations suggest that an air traffic protocol, which had previously been halted due to safety risks, is still in use despite its capacity to enhance flight operations.
According to an investigation by the FAA, while the specific accusations about this procedure were not substantiated—partly due to safety reviews and training initiatives for traffic controllers and pilots—more recent reports to the Office of Special Counsel indicate that the procedure is indeed still being utilized and that appropriate safety mitigations are lacking.
This isn’t the first instance of the OSC challenging the FAA’s findings. In 2020, the OSC expressed disagreement with the FAA over claims that safeguards were effectively addressing the risks associated with the procedure.
“The [procedure] at issue may create a danger for landing aircraft and the flying public. I have determined that the agency’s findings once again do not appear reasonable,” Dellinger remarked. “I urge the FAA to further review the safety issues associated with this [procedure]…and take steps necessary to resolve them.”
Dellinger has shared his findings from both investigations, addressing them not only to the president but also to key members of congressional committees overseeing these sectors, which includes influential figures from both political parties. With these investigations now closed, congressional leaders may consider launching further inquiries or take specific oversight actions in response to the findings.
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