It's the helo's fault. They likely misjudged the plane due to assuming it was a large jet but it was a regional jet, so it was way closer than they thought it was.
It's a tragedy, but I don't see how it would be ATC's fault. But that's just my 2 cents.
Maybe this is possible, but it seems implausible given that ATC explicitly refers to the jet as a "CRJ".
Crazy and sad. I guess we'll learn more over the next few days. Going into the water is maybe better than crashing on land. Hopefully some people make it.
EDIT: Found this: https://www.faa.gov/air_traffic/publications/atpubs/atc_html...
From an incident at SFO where a Luftansa plane was not allowed to perform a landing using visual separation at night, and therefore was delayed interminably:
https://onemileatatime.com/news/lufthansa-a350-oakland-diver...
On the tapes, the military helicopter was warned about the airliner. They replied that they had the traffic in sight and requested to maintain visual separation.
In fact, literally when you posted this comment there were already ATC recordings floating around of the controller telling the helicopter pilot to maintain separation from the exact airliner they crashed into.
Take a look in the mirror.
There are some good replies so I I'm not going to delete my (now obviously) poorly written comment.