I agree. I think the FAA knows that if they ever went after CVR/FDR data on the sole basis of assessing a violation to a crewmember, the ramifications of such an act would be huge, and we would be taking a big step backward in using such devices as a safety tool.

Best way to fix the situation is to punch the other pilot in the face if you catch them doing that sh*t.
Which doesn't really happen. Which is why I think these clowns are most oftne the single pilot cargo guys.

Getting the CVR tapes would be beside the point. In the past the FAA has gone after both pilot certificates for the actions of one pilot, such as flying formation in a commercial airplane. In the eyes of the FAA an FO’s silence is acquiescence.

FAA has nothing to do with it in this case. It would be federal law enforcement. Whatever protections, by policy or precedent, may or may not apply to the FAA use of the CVR it is utterly not applicable to law enforcement.

Of course once law enforcement got a conviction, an FAA violation would presumably follow based on that alone.

The data can still be recovered by the feds. Easily :rolleyes:

The erase button just adds additional proof that you knew you were guilty of something.

Yeah single-wipe recovery is super easy. That's not the point though.
Them going to such lengths would set a precedent that would ruin aviation safety forever.

That’s why I don’t leave home without my rare earth magnets.

Your severely overestimating to the clearing of red tape that the bureaucracy known as the United States Federal Government is riddled with. Again, even if all the stars aligned and you found the right airplane - how is a "meow" on 121.5 considered a criminal act? That would never hold up, it appears these days actual felonies can't hold up in court. On their worst day, the Meower is looking at a civil penalty.

... and possible loss of their FCC license.

Meowwwwwwwwwwwww