The Boeing 737 MAX disasters killed 346 people and exposed profound failures involving aircraft design, automation, human-factors assumptions, corporate safety culture, and federal regulatory oversight. This article examines those failures against the emergence of a new flight-management-system software defect capable of disengaging vertical navigation (VNAV) during certain missed-approach sequences on affected 737 MAX aircraft. Rather than equating the VNAV issue with the catastrophic MCAS failures, the analysis considers a more fundamental question: whether Boeing and the Federal Aviation Administration have adequately incorporated the lessons of the MAX accidents when known automation deficiencies can still be mitigated through increased pilot workload while permanent engineering corrections remain pending. The investigation further examines Boeing’s criminal-accountability history, including the federal fraud charge, deferred prosecution agreement, subsequent determination that Boeing breached that agreement, proposed guilty plea, and eventual non-prosecution agreement. Particular attention is given to Boeing’s extensive political presence, campaign and inaugural contributions, federal lobbying, regulatory relationships, and its selection for major next-generation U.S. fighter programs. No evidence examined establishes a quid pro quo between Boeing’s political activities, prosecutorial outcomes, or defense contracts; however, the record reveals substantial structural interdependence between Boeing and the federal institutions responsible for regulating, prosecuting, and purchasing from the company. The article argues that after 346 deaths, reliance upon pilots to compensate procedurally for correctable automation deficiencies deserves exceptional scrutiny and that Boeing’s strategic importance should not insulate the corporation or its decision-makers from meaningful regulatory and criminal accountability.
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Albert Clark (2026) studied this question.
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