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Judge Questions DEI Impact On Boeing Monitor Selection

Catherine Berthet, whose daughter Camille Geoffrey died in the March, 2019, crash of an Ethiopian Airlines 737 Max, speaks outside federal court in Fort Worth, Texas, on Friday, Oct. 11, 2024. Lawyers

The federal judge overseeing Boeing's plea deal with prosecutors has raised questions about how the Justice Department's diversity, equity, and inclusion policies could impact the selection of an independent monitor for the aerospace company. U.S. District Judge Reed O’Connor, appointed by President George W. Bush, has asked for clarification on whether DEI considerations would influence the choice of the monitor.

Boeing, which agreed to plead guilty to a felony charge of conspiring to defraud the U.S. government, faces a three-year probation period with an independent monitor overseeing compliance and safety rules. The judge's inquiry into DEI policies comes amid a broader conservative backlash against such initiatives.

The plea agreement stems from Boeing's misleading of federal regulators regarding the 737 Max aircraft, which was involved in two fatal crashes resulting in 346 deaths. The deal includes a $243.6 million fine, $455 million for compliance and safety programs, and oversight by the independent monitor.

While some critics view the plea agreement as lenient, arguing for tougher punishment, experts suggest that an independent monitor could enhance safety measures. The judge's focus on DEI policies in the selection process has raised questions about its relevance to safety and compliance efforts at Boeing.

Both the Justice Department and Boeing have committed to advancing diversity, equity, and inclusion, with the judge seeking clarity on how these policies align with safety goals. The court has requested responses from the parties by October 25 to address these concerns.

It remains to be seen whether the judge's scrutiny of DEI policies will impact the acceptance of the plea deal. Legal experts speculate on the judge's motives, with some interpreting it as a cautious approach rather than a deliberate strategy to derail the agreement.

Both the Justice Department and Boeing have pledged to comply with the judge's request for further information, refraining from additional comments on the matter.

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