Families of victims killed in the two Boeing 737 MAX 8 crashes have filed a motion opposing the U.S. Department of Justice’s new non-prosecution agreement (NPA) with Boeing, calling it legally improper and morally unacceptable.
The motion, filed late Wednesday in federal court in Texas, argues that the DOJ is bypassing judicial oversight by entering into an agreement that binds it not to prosecute Boeing before Judge Reed O’Connor rules on a pending dismissal motion. The families say this violates Rule 48(a) of the Federal Rules of Criminal Procedure, which requires court approval for dismissing criminal charges.
“The Government and Boeing have already decided they won’t even wait for the Court’s ruling,” the motion states, calling the NPA’s structure an “unprecedented effort” to block judicial review and “contrary to public policy.”
Led by attorney Paul Cassell, a law professor and pro bono representative for the families, the brief blasts the DOJ’s approach as a dangerous precedent. It argues that such a move could erode the power of the judiciary in future criminal cases and allow prosecutors to avoid meaningful accountability for corporate defendants.
Cassell also criticises the NPA for lacking independent safety oversight and failing to hold Boeing criminally accountable for the 346 lives lost in the 2018 and 2019 crashes. He urges the court to reject what he calls a “misleading and unfair deal”.
This marks the latest chapter in a years-long legal battle. Boeing was originally charged in January 2021 with defrauding the FAA, but the DOJ entered a deferred prosecution agreement (DPA) that was later ruled breached in May 2024. A subsequent plea deal in July 2024 was rejected in December by Judge O’Connor. Last month, DOJ and Boeing introduced a new NPA involving $688 million in total payments and additional safety investments, but no trial.
The families have repeatedly requested a meeting with U.S. Attorney General Pam Bondi since February, with no response. They now ask the court to void the NPA, reject DOJ’s motion to dismiss, and set the case for trial, restoring full legal accountability.
Boeing’s CEO and legal team admitted to fraud months ago, yet the DOJ’s current strategy may let the company avoid a criminal conviction—a move the families contend is against both the law and the public interest.