Justice for Flight 302: The Boeing Mandamus Denial

This episode outlines a Fifth Circuit Court of Appeals decision regarding the Department of Justice’s prosecution of Boeing following two fatal 737 MAX airplane crashes. The court addressed petitions from the victims’ families, who argued that the government violated the Crime Victims’ Rights Act (CVRA) by failing to properly consult them before entering into a non-prosecution agreement. Ultimately, the court denied the petitions, ruling that the families were sufficiently conferred with and that legal challenges to a previous, defunct agreement were moot. Additionally, the judges determined they lacked the jurisdiction under the CVRA to substantively review the district court's decision to dismiss the criminal charges against the company. The ruling emphasizes the limited authority of victims to overturn government settlement structures or prosecutorial dismissals in federal court.