Business
Conditions May Have Stymied Black Hawk Crew Before Fatal Crash
Flying helicopters near Ronald Reagan National Airport always carries some risk. But the conditions on the moonless night of Jan. 29, when an Army Black Hawk helicopter and an American Airlines passenger jet collided, were unusually challenging.
Many of the factors that contributed to the disaster are still being uncovered as investigators from the National Transportation Safety Board try to reconstruct the collision that killed 67 people. The midair crash, which caused wreckage from both aircraft to tumble into the icy Potomac River below, was the nation’s deadliest aviation accident since 2009.
Investigators have said the helicopter was flying about 100 feet higher than authorized in its designated portion of the airspace and are trying to determine why.
But interviews with helicopter pilots suggest that the Black Hawk was also dealing with a set of complex flying conditions, some of which are typical for the bustling area around National Airport outside Washington and some of which were unique to the series of events that happened last Wednesday. And the crew was flying an older-model aircraft that lacked certain safety technologies in its cockpit that are commonplace in those of commercial airplanes in the United States.
“Given the complexity of everything going on there, it is a higher-risk place to fly,” said Austin Roth, a former Black Hawk instructor for the Army who says he often flew the helicopter routes near National Airport while in service.
N.T.S.B. safety investigators have not assessed any blame on the Black Hawk crew, which Defense Secretary Pete Hegseth described as “fairly experienced.”
The safety agency said on Tuesday that there was still information that needed to be collected from the helicopter, a process that is expected to begin this week when its wreckage is lifted from the Potomac. Investigators said the two aircraft collided at 300 feet — a detail that has raised questions about how the helicopter got off course, given that it was not authorized to fly higher than 200 feet above ground.
The New York Times, through interviews with six current and former military aviators and a civilian helicopter pilot who frequently flies the routes near National Airport, has pieced together some understanding of the conditions that the crew faced the night of the crash.
The crew in the UH-60 Black Hawk left its home base, Fort Belvoir in Virginia, after dark last Wednesday to conduct a training mission to allow the co-pilot, Capt. Rebecca Lobach, to perform a required annual evaluation flight.
It was part of the small group of military and civilian law enforcement helicopters authorized to fly in the highly restricted airspace over Washington and Northern Virginia. Those pilots must fly along designated routes that generally follow the Potomac and Anacostia Rivers. The air traffic controllers inside the tower at National Airport manage that airspace for helicopters and planes alike.
These routes specify certain altitude restrictions for helicopters along the water, including Route 4, the one that prohibits flying higher than 200 feet over the stretch of the Potomac where the collision occurred.
That restriction, according to several of the pilots, provides little room to maneuver in case of an emergency. At such a low altitude over a river, moving up — not down — is the more realistic response.
Mr. Roth said there are helicopter routes at Dulles International Airport and Baltimore/Washington International Thurgood Marshall Airport that allow pilots to fly over the commercial jet airspace rather than through it, which gives pilots more options in the event of an emergency.
“I can’t think of anywhere where you can fly next to a major airport at 200 feet,” said Mr. Roth, who was in the same unit as the crew of the helicopter that crashed. A combination of dark skies and surrounding city lights — lights that would have been amplified exponentially if the crew members were wearing night-vision goggles — may have distracted them as they searched for nearby air traffic.
“So they’re flying over a black water surface of the Potomac with ground clutter and the buildings behind them,” said Senator Tammy Duckworth, the Illinois Democrat who flew Black Hawk helicopters during her military career.
At about 8:46 p.m. last Wednesday, an air traffic controller warned the helicopter crew that a passenger jet was nearby. That plane, American Airlines Flight 5342, had been redirected from Runway 1, which regional jets commonly used, to the lesser-used Runway 33.
Captain Lobach was most likely in the right-hand seat, said a senior Army official who has flown the National Airport helicopter routes repeatedly but requested anonymity because he was not authorized to speak publicly.
This is significant, the official said, because if the instructor pilot was busy or distracted with something, Captain Lobach’s seat on the right side of the aircraft might have put her in poor position to view the descending American Airlines flight on her left.
Still, other experienced military pilots said they were puzzled at the crash, given that military pilots are trained to be ready for such hazards.
The Black Hawk, a twin-engine aircraft introduced in the 1970s that has inspired a variety of models, has long been a fixture in the U.S. military, both for general purposes and for more tailored missions. In the Army alone, about 2,000 Black Hawks are in operation today.
In the Washington area, which is home to the White House, the Pentagon and several air fields from which both training flights and the transport of the president and other senior officials often originate, Black Hawks are ubiquitous.
The 12th Aviation Battalion at Fort Belvoir flies two types of Black Hawks: the UH-60L, an old model, and the VH-60M, a newer one. The aircraft involved in the crash was the older model. It does not have the ability to let pilots fly on autopilot but it is not considered insufficient for the job, according to the senior Army official.
Regardless, the official said, the crew flying along the Potomac River would not have found autopilot helpful. Low-level flying, he said, requires constant attention to terrain, obstacles and routes.
The Black Hawks, even the older models, are not especially hard to operate, said current and former military aviators. But the congestion around National Airport, one of the country’s busiest public airspaces, requires particular adeptness and a willingness to hang back if necessary to let passenger jets take off or land safely.
“That aircraft was in the wrong place well before they were in the same literal airspace with the CRJ,” said Jon-Claud Nix, a former Marine Corps helicopter pilot, using the abbreviation for the jet that was involved in the collision.
Mr. Nix, who has reviewed the air traffic control recordings and other public details of the crash, added, “They just needed to hold off a little bit to properly identify or locate their correct traffic.”
He said that in the final moments before the crash, the Black Hawk crew was essentially on its own to avoid collision. That is because the crew, according to a recording of the air traffic control audio, had requested what is known as “visual separation,” which under aviation rules means the crew would search out nearby traffic on its own, without assistance from controllers.
And the older Black Hawk model the crew flew last Wednesday most likely did not have certain air-safety systems that are standard among U.S. passenger jets.
For example, it would not have had the Traffic Collision Avoidance System, nicknamed TCAS, which alerts pilots to the fact that their planes are dangerously close to other aircraft and can redirect pilots to quickly climb or descend if a crash seems imminent.
The pilots say one or all of these factors could have contributed to a tragic sequence of events.
“Especially on that route,” Mr. Roth said, “it’s 200 feet which is a low altitude. It’s in proximity to other aircraft. The lighting conditions are tough and there’s just not many places in the world where all of that is happening to anyone all at once.”
Business
‘Wicked: For Good’ flies to the top of the box office with $150-million domestic debut
Elphaba and Glinda have changed the box office, at least for this weekend.
“Wicked: For Good” — the conclusion to Universal Pictures’ two-part film franchise — hauled in an estimated $150 million in the U.S. and Canada this weekend, marking the second-highest domestic opening this year, trailing only blockbuster hit “A Minecraft Movie.” Globally, the film grossed about $226 million.
The opening weekend audience for “Wicked: For Good” skewed even more female (69%) than the first film, which counted 61% of its viewers as women, according to data from EntTelligence.
Lionsgate’s “Now You See Me: Now You Don’t” came in a distant second at the domestic box office with $9.1 million. The third installment of the illusionist franchise has now brought in a cumulative $36.8 million in the U.S. and Canada and a total of $146.2 million globally across its two weekends.
Disney’s 20th Century Studios’ “Predator: Badlands,” Paramount Pictures’ “The Running Man” and “Rental Family” from Searchlight Pictures rounded out this weekend’s top five.
The Cynthia Erivo and Ariana Grande-led film was bolstered by a massive marketing push that began early last year before the first “Wicked” movie debuted. Though the films are based on the hit Broadway play, Universal wanted to expand awareness of the story to markets that had been less exposed to the theatrical show.
As a result, the franchise has partnered with more than 100 brands, including toy companies like Lego and Mattel as well as more unexpected firms such as household goods giant P&G and online Asian supermarket Weee!, where director Jon M. Chu serves as chief creative officer.
The film’s opening weekend success also points to a demand for female-focused franchises.
After 2023’s “Barbie” grossed $1.4 billion at the global box office, there were countless calls for more films geared toward women. But this year, many of the big-budget movies were male-leaning, and the narrower returns at the box office have prompted questions about whether films were reaching all possible demographics.
“Women continue to be a really underserved audience,” said Shawn Robbins, director of movie analytics at Fandango and founder of the website Box Office Theory. “In terms of large blockbusters, it’s been a minute since there’s been a female-skewing movie on the scale of ‘Wicked’ or ‘Lilo & Stitch.’”
Business
Commentary: The UC faculty just won a big court victory over Trump. But why didn’t UC join their lawsuit?
On Nov. 14 the faculty and staff of the University of California won a significant victory over President Trump in his effort to fine UCLA $1.2 billion for resisting his efforts to bend the university to his ideological demands.
Finding that the plaintiffs submitted “overwhelming evidence” that Trump and his cabinet members pursued a campaign of cutting off government funding with the goal of “bringing universities to their knees and forcing them to change their ideological tune,” federal Judge Rita Lin of San Francisco blocked the fine and nearly $600 million in funding cuts. She ordered the money to start flowing again.
Lin’s ruling resembles those by other federal judges who blocked Trump’s funding cutoffs. Faculty and staff representatives, with the American Assn. of University Professors as the lead plaintiff, justly celebrated the UC injunction, even though it’s likely that the government will appeal.
It may be hard for an educational institution to ride this out until 2029. For an institution that budgets on an annual basis, three years is a long time.
— Dan Schnur, UC Berkeley
But two entities with an interest in the case’s outcome have been silent: the state of California and UC itself. Neither joined the AAUP lawsuit, which was filed in September, and neither has commented since.
It’s not as though the state and the university are blind to the potential impact of Trump’s funding cutoff. When Trump’s demands and threats were made public in August, Gov. Newsom termed them “extortion” and threatened to sue. UC President James B. Milliken said the announced cuts would be a “death knell for innovative work that saves lives, grows our economy and fortifies our national security.”
Addressing the UC Board of Regents at its meeting Wednesday, Milliken stated that the university system still faces the loss of more than $1 billion in federal research funding, but didn’t mention the AAUP lawsuit.
UC reportedly has continued negotiations with the White House. A UC spokesperson wouldn’t comment on any such talks, even to confirm them. A spokesman for Gov. Newsom said he’s closely watching the numerous court cases challenging Trump’s funding threats, and “he’s pleased with the recent court rulings affirming that Trump’s assault on California’s world-class research institutions was reckless and illegal.”
Let’s keep in mind what’s at stake in this battle. The University of California is the premier public university system in the nation. It’s the second-largest employer in the state and one of the most important providers of healthcare. The productivity of its research is spectacular. Much of the universities’ work is supported by the government — $17 billion a year, including matching Medicaid and Medicare funding and student aid.
“We were hopeful that the UC system would defend itself legally,” says Veena Dubal, a law professor at UC Irvine and general counsel to the AAUP. After UCLA published the administration’s 27-page list of demands in August, she says, the AAUP decided it couldn’t wait any longer: “We couldn’t not sue, they were so outrageous.”
The demands included bans on diversity programs, public demonstrations across much of the campus and provisions for transgender students. UCLA also would be required to refuse admission to foreign students “likely to engage in anti-Western, anti-American, or antisemitic disruptions,” and to comply with Trump’s ban on “gender ideology” — that is, defining males and females as anything other than the sex they were assigned at birth.
The state and the UC system haven’t entirely avoided legal jousting with Trump. California led seven other states into federal court to challenge the Dept. of Education’s termination of $65 million in grants funding programs that included diversity, equity and inclusion initiatives. They won at the trial level, but the Supreme Court stayed that ruling on grounds that the case may have been brought in the wrong federal court.
The regents also joined a lawsuit brought by the Assn. of American Universities and 13 other universities challenging the Dept. of Health and Human Services limit on reimbursements for overhead costs on government-funded research, which would cost universities billions of dollars. They won at the trial level, but the government appealed that ruling. The state also sued Trump or participated in lawsuits on other topics.
One can understand, even sympathize with, the reluctance of UC to pursue a courtroom fight over Trump’s demands. UC faces the same quandary as other institutions that have tried to reach accords with the administration.
Trump has almost unlimited tools at his discretion to harass his adversaries for years to come through endless “investigations” of purported statutory violations, among other things. Courtroom battles take time and money, resources that may never be recovered. Plus with a pro-Trump majority on the Supreme Court, ultimate victory is nothing like a certainty.
And while Trump’s term won’t last beyond January 2029, at which point his anti-university campaign might end, that may be cold comfort for institutions facing an immediate financial crisis.
“It may be hard for an educational institution to ride this out until 2029,” says Dan Schnur, a veteran political consultant on the faculty of UC Berkeley’s Institute of Governmental Studies. “For an institution that budgets on an annual basis, three years is a long time, and for a student, it’s three-fourths of an undergraduate experience.”
That brings us to the case the UC faculty and staff made in court. It’s as clear and concise a description of the noxious campaign Trump has conducted against American higher education that one will find anywhere. It was accepted almost in its entirety by Judge Lin.
The administration consistently has portrayed the funding cutoffs as a response to what it claims to be pervasive antisemitism at UCLA and other targeted campuses. Yet as federal Judge Allison D. Burroughs of Boston found in September when she blocked Trump’s grant terminations against Harvard, it’s “difficult to conclude anything other than that [the government] used antisemitism as a smokescreen for a targeted, ideologically-motivated assault on this country’s premier universities.”
Indeed, the UC plaintiffs show that the funding cutoffs were motivated purely by ideology, and flagrantly infringed on free speech rights. Just a week after Trump’s inauguration, the White House issued an order suspending all financial disbursements that involved “DEI, woke gender ideology, and the green new deal.” (“DEI” refers to programs aimed at diversity, equity and inclusion, a favored target of the right.)
The faculty lawsuit quotes Leo Terrell, an assistant attorney general for civil rights and a named defendant, telling Fox News, “The academic system in this country has been hijacked by the left, has been hijacked by the Marxists.” He said, “We’re gonna bankrupt these universities. We’re gonna take away every single dollar.” In an interview he said he had “targeted 10 schools. Columbia, Harvard, Michigan, UCLA, USC… We’re going to take away [their] funding.”
The lawsuit positions the administration’s campaign against UCLA against its similar attacks on funding at Columbia, Brown and Harvard. It also points to the folly of trying to settle with Trump out of court.
Columbia was among the first universities to settle with Trump — it would ultimately agree to $221 million in payments and to give the government extraordinary oversight of its hiring, pedagogical and social policies. Initially that was a response in March to a government threat to block some $400 million in federal grants.
But even after its initial capitulation in March Trump continued to block $1.2 billion in funding until Columbia agreed to additional demands in July.
As Judge Lin described the government campaign against UCLA and other universities launched by the White House, it starts when “one or more … agencies open civil rights investigations into a university…. Before the investigations are concluded, Funding Agencies cancel large amounts of federal funding.” Then the Justice Department offers to settle with the targets “in exchange for further burdening faculty, staff, and student speech.”
It’s theoretically possible that the Trump administration could make its funding cutoffs stick if it follows the procedures enshrined in law for terminating federal grants (and it may yet prevail in appeals to the Supreme Court).
The rules require government agencies to issue a notice of possible violation and attempt to negotiate a settlement and hold a hearing, then file a report with the House and Senate specifying “the circumstances and grounds for such action” and wait at least 30 days more before canceling any funding. The cancellations can apply only to the specific program deemed to be violating the law.
The goal of these safeguards, Lin observed, is to protect grant recipients from “‘vindictive’ or ‘punitive’” actions by the government. In these cases, the government followed none of the mandated procedures.
The administration‘s defense, in part, is that the funding cutoffs are entirely within its discretion and can’t be reviewed by a judge, assertions Lin specifically rejected. The administration also stated that the August demand letter to UCLA was merely an “opening settlement offer” in ongoing “confidential settlement negotiations” with the university.
Given the findings from federal judges that Trump has flouted the legal safeguards against abrupt and arbitrary grant cancellations in favor of illicit bullying, the question facing universities trying to negotiate their way out is: What is there to negotiate? The record so far indicates that no settlement will fully satisfy Trump or his anti-woke warriors; only judges can bring the campaign to a halt.
It’s certainly true that in the short run, Trump’s targets will suffer great pain. He knows well that they’re vulnerable to blunt force. “With every day that passes,” Lin observed, “UCLA continues to be denied the chance to win new grants, ratcheting up [the government’s] pressure campaign.”
In the long run, however, there are limits to how much an educational institution can concede.
One is tempted to recall what Michael Corleone said in “The Godfather Part II” when he was being bullied by the corrupt Sen. Pat Geary into paying a bribe: “My offer is this,” he said. “Nothing.”
It may not be so easy for even powerful universities to take such an uncompromising stand. But it may be necessary.
Business
Skechers investors say they were forced to take a bad deal when the company went private
Skechers investors are suing company executives and Skechers owner 3G Capital over what they say was an unfair sale price in an acquisition earlier this year.
3G Capital took the Manhattan Beach-based sneaker company private in a $9.4-billion deal that closed in September and reflected a share price of $63 per share.
In a class action complaint filed this month in Delaware Chancery Court, hedge funds and other large Skechers investors accused the company and 3G Capital of arranging a non-independent deal that shortchanged minority shareholders.
The deal undervalued the company as its shares were taking a beating because of a volatile federal tariff policy, the complaint said. The deal also benefited Skechers President Michael Greenberg and other controlling shareholders, according to the plaintiffs.
Plaintiffs seeking a higher share price were unable to reach an early settlement with Skechers after the company made an offer that was slightly higher than the original price, Bloomberg reported this week.
According to court documents, 3G Capital had offered a price of $73 per share in March this year, but lowered its offer after Trump’s tariff “liberation day” on April 2.
Investors are now pressing ahead with the case, according to Bloomberg.
Skechers said it would not comment on pending legal matters.
Skechers was one of many footwear and apparel companies that sounded the alarm when Trump passed steep import taxes on countries including China and Vietnam, where many Skechers products are made.
The company’s stock price fell 23% in early April after the tariffs were announced. Shares bounced back up 30% after the 3G Capital deal was announced.
Around the time of the acquisition, 3G Capital and Skechers said the purchase price represented a 30% premium to the company’s 15-day volume-weighted average stock price.
After the deal closed, about 60 investment pools managed by various firms filed to challenge the price of $1.3 billion worth of shares.
Plaintiffs in the case say Chief Executive Robert Greenberg, along with his son Michael, the company’s president, worked closely with 3G Capital to tailor an acquisition deal that worked for them amid tariff chaos.
“The merger was carefully structured to allow the Greenberg stockholders to monetize a substantial amount of their personal Skechers’ holdings,” the court complaint said.
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