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No one yet knows why the transponder didn't work. There was no reason whatsoever for them to turn it off, and Joe swears he didn't touch it. This was the aircraft's maiden voyage, and I personally suspect it just plain failed....... ATC has testified that they tracked the plane for over an hour with no mode C, and yet they never notified the crew.
Well, that explains why the 737 didn't get a TCAS alert. Sounds like Embrear (sp) might have some liability here; releasing a brand new airplane with out the transponder working?
It's a bad point. They are enemy combatants in GITMO and to even try to give some moral justification in comparison is unfathomable. We aren't at war with Brasil and our country would never treat their citizens this way.
Have you even read about how well they are treated and how dangerous the really are (at Gitmo). They have way better treatment than your state prisoner du jour.