Attorney Paul Cassell, a former federal judge and law professor at the University of Utah, is leading the charge for justice for the victims of the Boeing 737 MAX crashes. Cassell played a key role in exposing the non-prosecution agreement granted to sex offender Jeffrey Epstein and has now turned his attention to the controversial deferred prosecution agreement between the Department of Justice and Boeing.
In December 2021, Cassell emerged as a vocal advocate for the families of the victims who perished in the 737 MAX crashes. He argued that the families had been excluded from the negotiations leading to the deferred prosecution agreement, a violation of their rights under the Crime Victims’ Rights Act. Cassell’s intervention prompted District Judge Reed O’Connor to rule that the agreement had been negotiated illegally and that Boeing’s conspiracy to defraud the FAA was a direct cause of the crashes.
However, Judge O’Connor’s ruling was later limited by an appellate court, which found that he had no authority to alter or rescind the deferred prosecution agreement. The appellate court clarified that the families could object to the dismissal of the criminal case against Boeing when and if the DOJ sought to do so.
Undeterred, Cassell and other victims’ advocates filed a lawsuit under the Freedom of Information Act to obtain the communications between the DOJ and Boeing related to the deferred prosecution agreement. The government has produced a significant volume of documents but has requested additional time to review them before making a determination on which records will be provided to the families.
Meanwhile, families suing Boeing in connection with the Ethiopian Airlines crash have petitioned a magistrate judge to allow them to share confidential deposition testimony and exhibits with the DOJ. The DOJ has supported the families’ motion, arguing that the materials are relevant to the public interest in determining whether it is appropriate to dismiss the pending criminal charge against Boeing. The magistrate has thus far rejected the families’ request but has not ruled out a future attempt.
The DOJ is expected to meet with the families of the victims and their attorneys on Wednesday, which may be the final opportunity for the families to press their case for criminal prosecution. Michael Stumo, whose daughter Samya was killed in the Ethiopian crash, plans to attend the meeting but maintains realistic expectations.
Despite the setbacks, Cassell and the families he represents remain committed to pursuing justice and holding Boeing accountable for the tragic loss of life. The ongoing legal battles and public scrutiny surrounding the deferred prosecution agreement underscore the importance of transparency, victim participation, and individual accountability in the justice system.
