A federal judge in Texas on Wednesday heard objections to a deal between the U.S. Department of Justice and Boeing that would allow the aircraft manufacturer to avoid prosecution in connection with the crash of two 737 Max jets in 2018 and 2019 that killed a combined 346 people.
According to Reuters, Judge Reed O’Connor listened to hours of testimony from around two dozen relatives of passengers who died in the crashes in Ethiopia and Indonesia. Some traveled from as far away as Africa, Indonesia, and Europe to argue against the non-prosecution agreement (NPA).
“It’s been going almost seven years since these crashes, and we still haven’t gotten any justice,” said Ike Riffel, a California man whose two sons were killed in the Ethiopia crash.
The Associated Press reported that David Moore, the brother of Ethiopia crash victim Danielle Moore, traveled with his parents from Toronto to Fort Worth to attend the hearing.
“What part of this screams justice?” Moore asked the court.
Catherine Berthet, whose daughter Camille Geoffroy also died in the Ethiopia crash, came from France to ask the judge to send the case to trial.
“Do not allow Boeing to buy its freedom,” Berthet said.
Questions From the Bench
O’Connor did not rule on the legality of the deal but did question the government’s decision not to require an independent monitor for Boeing. The NPA provides for a “compliance consultant” instead.
A lawyer representing the government defended that provision, contending that Boeing has improved and already faces enhanced oversight from the FAA.
U.S. attorneys have argued that O’Connor has no choice but to finalize the agreement with Boeing, barring a finding of bad faith on its part.
The Justice Department announced in May that it had reached a tentative settlement with Boeing’s attorneys that would not require the company to plead guilty to misleading FAA investigators looking into the 737 Max’s maneuvering characteristics augmentation system (MCAS), which played a role in both crashes.
The case was launched in 2021 under the Joe Biden administration after the first Donald Trump administration decided not to bring criminal charges.
As part of the deal, Boeing would admit to engaging in a conspiracy to obstruct a lawful FAA investigation and pay a total of $1.1 billion. Of that amount, $482 million would be a criminal penalty, and $444.5 million would go to a beneficiary fund for the crash victims, which Boeing has already paid $500 million into as part of an earlier agreement. The company must also agree to invest hundreds of millions of dollars into its quality, compliance, and safety programs.
Boeing’s board of directors would also have to meet with the family members of the crash victims to hear their concerns about the company’s conduct.
The Justice Department has said that families of 110 victims either support the deal or do not oppose it, though it acknowledges that some relatives want to see the case go to trial.
