The Justice Department’s legal fight with the families of victims of the Boeing 737 MAX crashes is as troubling as it is bizarre. Ankush Khardori writes
Nadia Milleron, whose daughter, Samya Stumo, was killed in the crash of Ethiopian Airlines Flight 302, holds a picture of Boeing 737 Max crash victims during a 2019 House Transportation and Infrastructure Committee hearing on the aircraft.
The Justice Department’s settlement with Boeing took the form of a “deferred prosecution agreement,” in which the department filed a criminal charge against the company in federal court that it is holding in abeyance pending the three-year term of the deal.
Ordinarily, that would be the end of it — even bad government settlements are pretty much irreversible — but in December, 15 families filed an unusual objection to the settlement in court on the theory that the government had failed to comply with a statute that requires it to confer with crime victims before completing a formal resolution, such as a plea agreement, with the offender.
Elsewhere, the filing suggests that the families have failed to fully appreciate the benefits that the government obtained for them in the form of the $500 million compensation fund — as if better than nothing was tantamount to as good as it should have been — while wholly ignoring the government’s exculpation of Boeing’s senior management.
The FAA officials sent the Justice Department a lengthy PowerPoint presentation within weeks of the Forkner indictment late last year to object to the case against him. According to excerpts of the presentation provided in court papers by the defense, the FAA officials said that the crashes were caused by “an ENGINEERING issue that Mr.
In the wake of the revelations about the FAA officials’ PowerPoint, the government told the court that it will not “argue or even suggest” that Forkner caused the crashes, and has asked the court to preclude Forkner from defending himself at trial by claiming that he has been improperly scapegoated by the government.
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