"They won't need a court order for his cell records, ntsb probably had them within hours of the crash."

A search warrant is required for cell phone records these days. They just got a search warrant yesterday (5/14). I believe they will find he was texting when he should have been driving the train. Texting is very addictive I found out this last December when my old flip phone crashed and I traded it in for a "smart" phone. When I'm driving I put my cell phone out of reach.