Components for the first Ariane-6 Amazon’s Leo launch shipped to French Guiana

The components for the first Ariane-6 launch in its 18-launch contract with Amazon are now on their way by boat to French Guiana for a launch earlier in 2026.

Amazon’s low Earth orbit satellite network, Amazon Leo, reached another milestone this week as Arianespace’s hybrid industrial cargo ship, Canopée, departed from Bordeaux, France, transporting essential components of the Ariane 6 rocket for its first Amazon mission planned for early next year.

…Canopée’s voyage is supporting Amazon Leo’s inaugural mission on Ariane 64—an Ariane 6 variant featuring four additional boosters for maximum satellite launch capacity. The vessel will transport the rocket’s central core stage, upper stage, and other critical components on a weeks-long journey across the Atlantic to the European Spaceport in Kourou, French Guiana. Once there, the components will undergo final assembly and integration in preparation for the LE-01 mission.

Though Ariane-6 has successfully launched four times, none of those versions were this most powerful version. The plan is for it to place in orbit 32 Leo satellites, some of which Amazon has already shipped to French Guiana.

Arianespace plans six Ariane-6 launches in 2026, though it is unclear how many of these launches will be for Amazon. Amazon, which has about 154 satellites in orbit, needs to get about 1,450 more launched by July to meet its FCC license obligations. Both ULA and Blue Origin say they will be ramping up their launch pace in 2026 to meet this need, but it remains unclear if all three rocket companies can get the job done on time.

Vast opens Japanese office

As part of its recent push to establish links with as many foreign governments as possible, Vast announced earlier this week the opening of a new Japanese office, to be headed by a retired Japanese astronaut.

In November Vast announced preliminary agreements with Uzbekistan, the Maldives, and Columbia. This new office in Japan continues that trend. The company is clearly marketing its demonstration single module space station Haven-1 to these international customers. None have yet committed to a flight, but expect a lot of action once Haven-1 launches in the spring and is proven operational. The company wants to fly four 30-day manned missions to the module during its three year mission, and if launched successfully these international customers are likely to sign on for flights.

SpaceX official confirms it is considering an IPO

In a message to employees on December 12, 2025, SpaceX’s chief financial officer, Bret Johnson, confirmed the company is considering issuing an initial public offering of stock sometime in 2026, but that nothing has been decided in any way.

His announcement also indicated the reason to do so would be to raise enough funds to “ramp Starship to an insane flight rate, deploy AI data centers in space, build Moonbase Alpha and send uncrewed and crewed missions to Mars.”

I think the question is whether the company is raising enough revenue from Starlink to do what it wants, or whether it now sees a need for more investment capital that it cannot get from either that revenue or private stock sales. If it finds in the coming months the former is sufficient, the stock sale will be put off, probably for several years. If it finds the latter, than we shall see this IPO sometime in 2026.

The two American launches today set a new global annual launch record exceeding 300+

Liberty enlightens the world
Now liberty is enlightening the solar system!

Two American companies today successfully completed launches from opposite sides of the globe, and in doing so set a new global benchmark for rocket launches in a single year.

First, Rocket Lab placed a Japanese technology test smallsat into orbit, its Electron rocket taking off from one of its two launchpads in New Zealand. The satelliite, dubbed Raise-4, was built by Japan’s space agency JAXA and carries eight different experimental payloads from a variety of academic and industry entities, including a test of a new solar sail design.

SpaceX then followed, launching another 27 Starlink satellites, its Falcon 9 rocket lifting off from Vandenberg Space Force Base in California. The first stage completed its 9th flight, landing on a drone ship in the Pacific.

The leaders in the 2025 launch race:

165 SpaceX (a new record)
83 China
16 Rocket Lab (a new record)
15 Russia

SpaceX now leads the rest of the world in successful launches, 165 to 136.

More significantly, with these two launches the total number of successful orbital launches in 2025 has now exceeded 300, for a present total of 301. To put the spectacular nature of this number in perspective, until 2020 it was rare for the world to exceed 100 launches in a year, especially after the fall of the Soviet Union. Most often, the total each year ranged between 50 to 80 launches.

Those numbers are now history, and it has been competition and freedom that has made all the difference.
» Read more

South Africa lifts its racial quota rules for Starlink

The South African government has finally removed the racist rule that required SpaceX to sell 30% of its company to local black citizens before allowing Starlink terminals to be sold in its country.

Instead, the government will allow SpaceX to do what the company had repeatedly offered to do, make substantial investments in “local development programs.”

Starlink has been unable to launch in South Africa for years because the current ICASA rules require telecommunications companies to sell 30% of their equity to historically disadvantaged individuals. Starlink has consistently refused, stating it does not sell equity in any market where it operates.

But now under the new directive, multinational companies that cannot sell equity due to global shareholding structures can instead make substantial investments in local development programs. These equity equivalent investment programs must be worth either 30% of the company’s South African operations value or 4% of annual local revenue. The programs require approval and monitoring by the Department of Trade, Industry and Competition.

…Starlink has already outlined plans to invest nearly R2 billion in South Africa. The company proposed investing R500 million to connect approximately 5,000 schools to high-speed internet, benefiting about 2.4 million students.

One of the reasons the government backed down on this issue is that it received more than 19,000 public comments in which 90% blasted the racist quotas and demanded the government approve SpaceX’s proposals.

If you live in South Africa however don’t expect to go out and buy a Starlink terminal tomorrow. Final regulatory approvals will still delay Starlink availability until late 2027, at the earliest.

Leftist lawsuit against beach closures at Boca Chica appealed to higher Texas court

The leftist anti-Musk activists groups have now appealed the dismissal of their lawsuit against the law allowing more frequent beach closures at Boca Chica for Starship/Superheavy launches.

The lawsuit was filed by Save the Rio Grande Valley (SaveRGV), the Sierra Club, and the Carrizo/Comecrudo Nation of Texas against Cameron County, the Texas General Land Office, Texas Land Commissioner Dawn Buckingham, and the Texas attorney general. When the case was reviewed by the lower court in Cameron county, it dismissed it entirely, saying the activist groups had no standing and had failed to show any harm from the law.

The activists then appealed to a higher court.

The Thirteenth Court of Appeals found the Plaintiffs have standing and that immunity had been waived for each Defendant. The case was remanded to the trial court to proceed on the merits, but Defendants appealed the Thirteenth Court’s ruling to the Supreme Court of Texas.

Oral arguments before the Supreme Court of Texas will occur on January 13, 2026. In the more rational world of America until two decades ago, the case would be thrown out again, since the law that initially limited these beach closures was legally revised by the state legislature.launches. Just because these leftists don’t like it doesn’t mean they and the courts have the right to cancel legal legislation.

We no longer live in that more rational American world, however. Politics now rule, and it is leftist politics that most often win, regardless of the law or rationality.

Iraq and SpaceX close to signing Starlink deal

Meetings this week between SpaceX officials and the Iraqi government appear to have finalized an agreement that would allow Starlink to be marketed inside Iraq.

The meeting on Thursday concluded with discussions on “the final procedures related to granting satellite internet licenses, including the license designated for SpaceX, as well as avenues for strengthening cooperation in the telecommunications sector, the services provided by the company, and its prospective coverage areas,” the statement added.

It is not clear if the deal has been signed, or is simply written and still needs review. Based on the little information provided, it sounds as if SpaceX will be marketing its terminals directly to Iraqi citizens. I suspect however that some Iraqi government entity will demand a cut, and might even demand the right to do the marketing itself, as a number of other nations have done.

Regardless, Starlink continues to expand worldwide, and in doing so makes censorship increasingly difficult for the petty power-hungry thugs that run many of these third world nations. And when Amazon Leo begins operations, that censorship will become even more difficult.

Avio to build $500 million rocket facility in Virginia

The Italian rocket company Avio has selected Virginia as the location where it will build a $500 million solid-fueled rocket facility as part of establishing its American-based division.

Italian rocket builder Avio has announced that it has selected the state of Virginia to build its planned US-based production facility. The $500 million project forms part of the company’s expansion of its defence business.

Avio founded its wholly owned US subsidiary, Avio USA, in 2022 to capitalise on a market opportunity created by constrained solid rocket motor production capacity relative to surging demand for tactical propulsion solutions. Since then, the company has signed contracts with the US Armed Forces, Raytheon, and Lockheed Martin.

Avio presently builds the Vega-C solid-fueled rocket, which until this year was managed and controlled by the European Space Agency’s (ESA) commercial division, Arianespace. That arrangement however is ending. Beginning next year, Arianespace will be out of the picture. Avio is already marketing its own rocket, as indicated above, and as part of that process the company has been expanding operations, such as creating this U.S. division.

And for Avio this situation presents a great opportunity. The only company producing solid-fueled rockets and missiles in the U.S. appears to be Northrop Grumman, and the lack of competition has made its rockets expensive. There is room for competition. Moreover, the decisions of the Biden administration to provide the Ukraine a very large percentage of the Pentagon’s missile stock means there is a big need to replenish those stocks.

French startup The Exploration Company now building an in-orbit servicing spacecraft

The French startup The Exploration Company, which has been developing an unmanned cargo spacecraft called Nyx to supply the commercial space stations under development, has now also gotten funds from the European Space Agency (ESA) to build an in-orbit spacecraft designed to provide refueling and servicing capabilities as well.

More information here.

In a 25 November update on its progress with an ESA-funded project, the company revealed that it is also working on a spacecraft called Oura, designed to refuel satellites in orbit, thereby extending their operational lifespan.

…As part of the 25 November update, the company announced that it had been awarded a Phase B2 contract for the InSPoC-1 programme. The Phase B2 development of the project will include activities up to Technology Readiness Level 6, which represents the development of a prototype and its demonstration in a relevant environment.

Once again, this contract from ESA is radically different than its past policy of building and owning everything itself. Instead, it is hiring this French company to develop this capability, which this French company will then own and be able to sell for profits to others.

Pentagon decides New Glenn must fly four times before its certifies it for military launches

Pentagon officials yesterday announced that before it will certify Blue Origin’s New Glenn rocket for commercial military payloads, it must complete two more successful orbital launches, for a total of four flights.

Blue Origin’s New Glenn rocket will have to complete four successful orbital flights as its pathway to certification under the U.S. Space Force’s National Security Space Launch (NSSL) program, Lt. Gen. Philip Garrant said Dec. 10 at the Spacepower conference. Garrant, who leads the Space Systems Command, said Blue Origin selected the four-flight benchmark and the government agreed. “The government is supporting a four-flight certification for New Glenn,” he told reporters. The rocket has logged two successful missions so far, and Garrant said a third launch is expected “earlier in the new year than later.” If upcoming flights stay on track, he added, “I think they’re going to be in a fantastic place to become our third certified provider and compete for missions.”

If certified, Blue Origin would join SpaceX and United Launch Alliance as the Space Force’s third heavy-lift launch provider.

It is surprising that the military is requiring four successful flights from Blue Origin, but required only two from ULA’s new Vulcan rocket, and certified that even though there were problems on Vulcan’s second flight.

These extra flights should not cause a significant delay, since Blue Origin is expecting to complete a number of launches in 2026 to meet its obligations under its Amazon Leo contract

Svetlana Zakharova – Nikiya’s Death in La Bayadère

An evening pause:This website provides a quick summary of what is happening during the dance:

Nikiya’s epic “death” solo at the end of La Bayadère‘s second act is more than a test of stamina: It’s integral to the ballet’s plot. In it, Nikiya laments her doomed relationship with Prince Solor, rejoices upon receiving a basket of flowers she believes to be from him and collapses after being bitten by a snake hidden in the basket.

Hat tip Judd Clark, who adds, “The High Brahmin offers to give Nikiya the antidote to the poison if she will renounce her vow to Solor, but she chooses death rather than life without her beloved.”

Unconfirmed anonymous sources at Reuters and Bloomberg claim SpaceX is planning a public stock offering

Two stories from Reuters and Bloomberg yesterday suggest Elon Musk is considering making SpaceX a publicly traded company, with an initial stock offering sometime in 2026. From the Reuters’ report:

Elon Musk’s SpaceX is looking to raise more than $25 billion through an initial public offering in 2026, a move that could boost the rocket-maker’s valuation to over $1 trillion, a person familiar with the matter told Reuters on Tuesday. The company’s move towards a public listing, which could rank among the largest global IPOs, has been largely driven by the rapid expansion of its Starlink satellite internet business, including plans for direct-to-mobile service and progress in its Starship rocket program for moon and Mars missions.

SpaceX has started discussions with banks about launching the offering around June or July, the person said, requesting anonymity to discuss confidential information.

Since both stories rely entirely on anonymous sources, we should not take either very seriously. I only post this now merely to put it on the record. And though Elon Musk has since hinted there might be some truth to both, he has also been very vague about his plans. While a public offering would garner him a lot of cash, it would bring with it a lot of regulatory headaches that would seriously interfere with what he wants to do. In the end I think (and hope) he will decide it ain’t worth it. Starlink right now is bringing in enough money to allow him to accomplish everything, and more.

If anything, these stories illustrate again the corruption in our modern propaganda press. Such stories would have been considered junk four decades ago. Then it was traditional practice that a story needed at least two independent sources, one of which was not anonymous. No longer. Anyone can push any lie, and these news outlets will publicize it, for the sake of clicks.

NOTE: This is a recreation of a post published on December 10, 2025 that was lost during this morning’s server outage.

SpaceX completes its 11th launch this year for the National Reconnaissance Office

SpaceX today successfully placed its 11th payload into orbit this year for the National Reconnaissance Office, its Falcon 9 rocket lifting off from Cape Canaveral in Florida.

The first stage completed its fourth flight, landing back at Cape Canaveral. The rocket’s two fairings were both new, flying their first mission.

The leaders in the 2025 launch race:

162 SpaceX (a new record)
79 China
15 Rocket Lab
15 Russia

SpaceX now leads the rest of the world in successful launches, 162 to 131.

Academia makes its first comprehensive attempt to plan science missions to Mars using Starship

Figure 2-2 from the NAS report
Figure 2-2 from the National Academies
of Science report

A new report released today by the National Academies of Science, entitled “Highest Priority Science for the First Human Missions to Mars,” is essentially the first attempt by the planetary science community to plan its future science missions to Mars using the gigantic capabilities that SpaceX’s Starship is expected to provide them.

You can download the report here.

Even though the report made the search for life on Mars its big priority — a bugaboo that NASA and the science community trots out repeatedly to garner clicks from the ignorant propaganda press — this report is radically different then all previous similar NASA studies proposing future Mars exploration, as indicated by the graphics from figure 2-2 of the report to the right. Unlike those past studies, which were badly limited by the inadequate capabilities of any spacecraft NASA could send to Mars, this new report recognizes how much the game is changed by SpaceX’s Starship.

First, the new panel did not attempt to place any limit on any landing zones. Earlier reports had forbidden landings in the high latitudes or high altitudes because of the risks to NASA’s proposed landers. Starship overcomes much of those risks, giving researchers much greater flexibility.

Second, the focus of the missions will not be solely devoted to scientific or geological research, as had been the case for all previous similar reports by NASA and the academic community. Instead, the proposed research goals includes important engineering and human exploration requirements outside of science, including efforts to use the resources on Mars itself as well as find locations better suited for human habitation. Once again, the vastly greater capabilities of Starship influenced this change.

Even more important, the study doesn’t assume the future missions will be unmanned, as all previous NASA reports have done. In fact, it does the opposite, proposing multiple 30-day manned missions, as shown in the graphic. One set of three missions would go to three different locations, while another set of three missions would focus on one place in particular.

Much of this shift towards manned flight I think stemmed from the presence on the panel of representatives from the private companies SpaceX and The Exploration Company (a French startup), as well as an engineer from the National Academy of Engineering. Previously studies were almost always entirely dominated by planetary scientists, so the goals outlined were always focused on their interests. Now the idea of human exploration has become prevalent.

The panel’s work was clearly also influenced by the realization that SpaceX’s Starship is not only far more capable, its first flights are just around the corner. SpaceX plans sending it numerous times to Mars in the very near future, as shown in the graphic below that Elon Musk released during a presentation in May 2025.
» Read more

SpaceX launches 29 more Starlink satellites, sets new record for Falcon 9 reuse, dominates the world in rocketry

First stage after landing for the 32nd time
First stage after landing for the 32nd time

SpaceX today launched another 29 Starlink satellites, its Falcon 9 rocket lifting off from the Kennedy Space Center in Florida.

The first stage of its Falcon 9 rocket (B1067) flew for its 32nd time, a new record for a Falcon 9 first stage. As shown in the rankings below of the most reused launch vehicles, this stage is now just one flight from tying the space shuttle Atlantis:

39 Discovery space shuttle
33 Atlantis space shuttle
32 Falcon 9 booster B1067
30 Falcon 9 booster B1071
29 Falcon 9 booster B1063
28 Falcon 9 booster B1069
28 Columbia space shuttle

Sources here and here.

Nor will it be long before SpaceX’s fleet surpasses all the shuttles.

Meanwhile in the 2025 launch race SpaceX’s dominance is overwhelming, as shown by the leader board:
» Read more

More than 300 companies in discussions in connection Space Force’s “Golden Dome” project

According to guarded remarks by the head of Trump’s “Golden Dome” project, he has been in negotiations with more than 300 aerospace companies as the Space Force begins preliminary design work on this missile defense system.

President Trump’s Golden Dome czar says he has held “one-vs.-one” talks with more than 300 private companies in recent months to hash out the secretive architecture of the futuristic missile defense shield that the administration is determined to put into operation over the entire U.S. homeland by mid-2028.

In his first public remarks since being named to the position in June, Gen. Michael A. Guetlein, vice chief of space operations at the U.S. Space Force, told an audience at the annual Reagan National Defense Forum that although the layered design of the Golden Dome remains classified, he is confident that “our industry partners have a pretty good insight into what we’re doing.”

The project, which remains mostly cloaked in secrecy, received $24.5 billion in funding this year from Congress, with that number expected to rise considerably in later years.

My sense from Guetlein’s remarks is that right now the project is simply gathering already existing missile defense assets under one roof in order to get something operational by 2028 as ordered by Trump. Guetlein is also getting the enthusiastic support of the industry — which sees big bucks flowing their way from Golden Dome in the coming years. Many of the new space startups have been shifting operations from civilian space to this military project in anticipation of this funding.

While the concept is not unreasonable, considering the success seen with the Pentagon’s Patriot system and Israel’s Iron Dome, the secret structure so far of Golden Dome is almost guaranteed to lend itself to corruption and wasteful spending, a systemic problem within our present federal government.

Korean Air and Hyundai Rotem sign deal to develop methane-fueled rocket engine

Two South Korean companies, the airline company Korean Air and the railroad company Hyundai Rotem, have signed a partnership agreement to develop a methane-fueled rocket engine by 2030, funded by the government’s Korea Research Institute for Defense Technology Planning and Advancement (KRIT).

Korean Air will lead the development of the engine’s turbopump, a core component often described as the heart of the propulsion system. The turbopump compresses liquid methane and oxidizer at extremely high pressures and speeds. Its development requires advanced engineering capable of handling cryogenic temperatures of -180°C to several hundred degrees, while rotating tens of thousands of times per minute.

Hyundai Rotem is a division of the automobile company Hyundai, but its focus is building railroads. The press release does not say what it will do as part of this partnership.

It is also unclear from the press release whether these companies will be own this engine for sale to others, or are developing it for the government. If the latter, the project will have a much more limited potential.

Japanese startup Ispace expands deal with Japan Airlines

The Japanese lunar lander startup Ispace has now expanded its partnership deal with Japan Airlines (JAL) and two other associated JAL companies aimed at building transportation infrastructure to, from, and on the Moon.

The new agreement outlines the co-creation of systems and infrastructure supporting future lunar bases with high-frequency transportation to the lunar surface. Leveraging maintenance technology, air traffic control, and operations management expertise developed by JAL and JALEC in the aviation field, the two companies will aim to advance a sustainable presence on the Moon.

With the addition of JALUX to the partnership, the companies will explore new collaborations regarding space-related services for the public within the JAL Group. Consideration will also be given to sales cooperation for payloads sales utilizing ispace’s lunar transportation service. By combining ispace’s lunar transportation via its lander with the JAL Group’s aviation expertise and customer network, the partnership is expected to provide lunar transportation opportunities to diverse stakeholders.

A lot of vague PR language, but it does appear the goal is to develop lunar transportation products for what the companies expect to be a growing industry on the Moon.

SpaceX launches 28 Starlink satellites

SpaceX today successfully launched another 28 Starlink satellites, its Falcon 9 rocket lifting off from Vandenberg Space Force Base in California.

The first stage completed its 12th flight, landing on a drone ship in the Pacific.

The leader board in the 2025 launch race.

160 SpaceX (a new record)
77 China
15 Rocket Lab
15 Russia

SpaceX now leads the rest of the world in successful launches, 160 to 129.

SpaceX to launch another secondary private stock sale, hints at going public

UPDATE: Elon Musk has posted on X that this story is “not accurate.”

According to reports yesterday, SpaceX is about to launch another secondary private stock sale that double the value of the company.

Elon Musk’s SpaceX, is initiating a secondary share sale that would give the company a valuation of up to $800 billion, The Wall Street Journal reported Friday.

SpaceX is also telling some investors it will consider going public possibly around the end of next year, the report said.

At the elevated price, Musk’s aerospace and defense contractor would be valued above ChatGPT maker OpenAI, which wrapped up a share sale at a $500 billion valuation in October.

At $800 billion, SpaceX would be the world’s most valuable private company.

As for going public, nothing is confirmed. Musk has made some comments suggesting he is considering the idea, but at the same time has noted the problems such a act would cause him.

Musk recently discussed whether SpaceX would go public during Tesla’s annual shareholders meeting last month. Musk, who is the CEO of both companies, said he doesn’t love running publicly traded businesses, in part because they draw “spurious lawsuits,” and can “make it very difficult to operate effectively.”

It seems to me it would be a big mistake for Musk to do this. As a public stock-trading company, Musk would lose the freedom he presently has with SpaceX.

Meanwhile, this new private stock offering has done wonders for the value of Echostar’s stock, now that the company’s own stake in SpaceX after selling it some of its FCC licensed spectrum.

House hearing on Artemis yesterday signals strong doubts about the program in Congress

Artemis logo

The space subcommittee of the House Science, Space, and Technology Committee yesterday held a hearing on space, one day after the Senate held its own hearing on the nomination of Jared Isaacman as NASA administrator.

The House hearing however was not about Isaacman, but was apparently staged to highlight what appears to be strong reservations within Congress about NASA’s Artemis program, as presently structured. Its timing, just after the Isaacman hearing, was clearly aimed at garnering as much publicity as possible.

Video of the hearing can be seen here.

The focus of the hearing was also on China, and how there is real fear in Congress that its space program is outstripping NASA’s. Both the Republican committee chairman and the ranking Democrat stressed these concerns, and the need to beat China to the Moon and beyond.

More important, all four witnesses pushed the same point.

The rallying cry at this hearing as well as yesterday’s is the “race” with China.

…Foushee asked each of the witnesses for one-word answers to the question: is NASA on track to get back to the Moon before Chinese taikonauts arrive?

Not all succeeded with one word, but their sentiment was similar. Cheng replied “no, I am very pessimistic.” Swope: “worried.” Besha: “maybe.” Griffin: “no possible way…with the present plan.”

Former NASA administrator Mike Griffin was the most blunt in his criticism of NASA.
» Read more

Airbus signs China’s Qianfan or Spacesail constellation to provide internet on its airplanes

In what is a major coup for one of China’s planned large constellations, Airbus yesterday agreed to use the Qianfan or Spacesail constellation to provide Wi-Fi service on its airplanes.

At a satellite internet industry ecology conference in east China’s Shanghai on Thursday, Airbus signed a market cooperation agreement on the satellite internet service with Shanghai Spacesail Technologies Co., Ltd. The Spacesail Constellation will provide high-speed, low-latency broadband satellite services via the high-speed connectivity system on aircraft, enhancing the in-flight experience for passengers.

The two parties will also work together to meet the needs of airlines, and promote the development of intelligent, personalized services based on low-orbit broadband communication technology.

Starsail is a direct competitor to Starlink. China has so far launched 119 satellites out of a planned first phase constellation of 648. Later phases could increase the constellation to as many as 10,000 satellites.

It seems puzzling why Airbus went with this Chinese constellation, rather than either Starlink or Amazon’s Leo (formerly Kuiper). Starlink is far more developed, while Leo has more satellites in orbit (154 to 119) than Spacesail. And both are private companies from the capitalistic west, not pseudo-companies controlled by the Chinese communists.

Maybe this deal is preliminary to a major purchase of Airbus airplanes by China. China wanted its system on those planes, and so Airbus agreed to go along.

Regardless, this deal tells us that this Chinese internet constellation is going to be a major competitor to both Starlink and Leo.

Boeing is still not off the hook for its malfeasance behind the two 737-Max crashes that killed 346

Boeing Logo

It turns out that one week after a judge approved a plea deal in early November between Boeing and the Justice Department that would allows the company to avoid a criminal prosecution for its malfeasance and fraud that led to two 737-Max airplane crashes that killed a total of 346 people — thus dismissing the pending criminal charges — the families of the victims filed an appeal, asking a higher court to overturn that deal.

The families had argued before U.S. District Court Judge Reed O’Connor that the Department of Justice’s (DOJ) non-prosecution agreement violated the judicial review provisions, which was reached behind closed doors without the families’ statutory right to confer. The writ of mandamus argues that no substantive proceedings before Judge O’Connor were held before he made his decision in favor of Boeing.

…DOJ initially presented Judge O’Connor with a non-prosecution agreement (NPA) that he rejected. Instead of coming back with something more stringent, DOJ presented Boeing with the lesser punishment of an NPA in which Boeing would merely pay a $243.6 million penalty, give $444.5 million to be divided amongst the 346 families, and make additional investments in its safety and compliance. In exchange, the DOJ agreed to dismiss the criminal charge against Boeing. On November 6, Judge O’Connor approved this revised NPA and granted the government’s motion to dismiss.

The families now look forward to the Fifth Circuit Court of Appeals to reverse this decision through its writ of mandamus. In the writ, Paul Cassell, pro bono, attorneys for the families and professor of the S.J. Quinney College of Law at the University of Utah, argued on behalf of the families’ that the government’s NPA with Boeing would not provide sufficient oversight of Boeing and failed to account for the fact that Boeing’s criminal behavior was found to have caused the deaths of 346 crash victims. Boeing’s CEO and its lawyers had admitted to the fraud in a guilty plea issued four years ago.

In 2021 Boeing itself pleaded guilty to malfeasance and corruption charges, and was given three years to clean up its act or face criminal prosecution. When after three years Justice found Boeing had instead lied to it while doing little to fix things, it first proceeded with prosecution, only to suddenly back off and make this plea deal.

Thus, the families’ case is strong. Boeing is an admitted criminal and has also done nothing to change its behavior. Whether the families can get the plea deal overturned, however, remains unknown. The legal system no longer can be trusted when it comes to big government contractors like Boeing. The government acts routinely to protect them (as Justice is doing here), and thus there will be heavy political pressure on the courts to turn down this appeal.

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