 Mallery's fax said that NTSB director Robert Molloy had verbally acquiesced in the request and that she would soon send a copy of an email from him saying the same; however the correspondence, as reviewed by the Schenectady "Daily Gazette", did not include any email from him.Silbaugh told the judge that Molloy had not consented to the search; rather he had told Mallery that the NTSB was still working on its response, and reiterated that its investigators needed physical access to the Excursion.Silbaugh claimed that the state police had not allowed any NTSB personnel access to the vehicle since October 12, and even then made them stand away.