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U.S. District Judge Reed O’Connor on Thursday agreed to the DOJ’s request to dismiss the criminal case against Boeing over two fatal crashes in 2018 and 2019. Despite the judge’s clear disdain for the DOJ’s decision, he concluded that he didn’t have the authority to overrule it. This is effectively a settlement: while Boeing admits that it obstructed the FAA’s investigation into the crash and has to pay a $1.1 billion fine, much of which will go to the families of the victims, it does not suffer criminal liability and does not have to take on additional federal oversight.
O’Connor was scathing in his criticism of the deal, per CNBC: “In summary, the Government’s position in th…
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U.S. District Judge Reed O’Connor on Thursday agreed to the DOJ’s request to dismiss the criminal case against Boeing over two fatal crashes in 2018 and 2019. Despite the judge’s clear disdain for the DOJ’s decision, he concluded that he didn’t have the authority to overrule it. This is effectively a settlement: while Boeing admits that it obstructed the FAA’s investigation into the crash and has to pay a $1.1 billion fine, much of which will go to the families of the victims, it does not suffer criminal liability and does not have to take on additional federal oversight.
O’Connor was scathing in his criticism of the deal, per CNBC: “In summary, the Government’s position in this lawsuit has been that Boeing committed crimes sufficient to justify prosecution, failed to remedy its fraudulent behavior on its own during the [Deferred Prosecution Agreement] which justified a guilty plea and the imposition of an independent monitor, but now Boeing will remedy that dangerous culture by retaining a consultant of its own choosing.”
In 2023, O’Connor said that “Boeing’s crime may properly be considered the deadliest corporate crime in U.S. history.” After the dismissal, that crime has not even led to a conviction. Instead, the only result is the fine mentioned above and the fact that Boeing must now hire a consultant to make sure the company isn’t committing fraud. Just to make that clear: Boeing will pay that consultant’s salary. This is instead of federal oversight.
Boeing in the second Trump era
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The Trump administration as a whole has been far kinder to Boeing than the Biden administration was. In September, the FAA allowed the company to self-certify its 737 MAX and 787 Dreamliner planes for safety (a common practice that was stripped from Boeing after the crashes and production quality issues), although only every other week. In October, the federally imposed production limit of 38 new 737s per month was raised to 42; the limit was meant to ensure a focus on safety and quality, rather than cutting corners to rush out more planes.
But the administration’s biggest gift to the American planemaker was the agreement to dismiss the criminal case, which the DOJ filed in May, just two months after O’Connor ordered it to trial. O’Connor had been deliberating on whether or not to accept the request for dismissal; clearly, he personally found Boeing guilty. But he’s come to the conclusion that, whether or not he agrees with the deal, the deal was lawfully reached between the parties, so he has no choice but to allow the dismissal.
Boeing itself, meanwhile, continues to recover from its dreadful last few years. It has 5,000 planes on backorder and sales are picking up, in part because of President Donald Trump’s business-oriented diplomacy. In fact, in May Qatar Airways made the biggest plane purchase in history, all of Boeing aircraft, right as Trump was visiting the country. That is, it should be noted, the exact same month that Trump’s DOJ filed for the dismissal.
The sordid story of Boeing’s legal battle
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After two 737 MAX aircraft crashed in separate incidents in 2018 and 2019, the DOJ criminally charged Boeing of conspiracy to defraud the United States in January 2021. Specifically, the charge was that Boeing obstructed the FAA’s investigation into the automated flight control system that caused both crashes. This was originally settled in September 2022. Part of that agreement, beyond a fine, was that Boeing had to create a compliance and ethics program to stop itself from, you know, covering up negligence. In May 2024, the DOJ criminally charged Boeing, again, alleging that the company had simply never done that.
This time, Boeing decided to take a plea deal, becoming a corporate felon in July 2024. Problem solved? Of course not: in December 2024, Judge O’Connor struck the deal down, and Boeing retracted its guilty plea. In March 2025, O’Connor set a trial date for June. But by May, the DOJ filed to dismiss the case altogether, and now O’Connor has unhappily agreed.
So... justice? Boeing does have a new CEO in the form of Kelly Ortberg, who has made it his mission to re-establish the company’s reputation for excellence. But as for the crashes, and Boeing’s admitted coverup, the only real penalty has been some fines.