Ralph Nader: It's time to haul Boeing executives before Congress to testify under oath

Two Boeing 737 MAX crashes, one in Indonesia last October and one in Ethiopia this past March, took a combined 346 lives. Steady scrutiny by the media reported internal company leaks and gave voice to sidelined ex-Boeing engineers and aerospace safety specialists. These experts have revealed that Boeing’s executives are responsible because they chose to use an unstable structural design and faulty software. These decisions left the flying public, the pilots, the airlines, and the FAA in the dark, to varying degrees.

Yet Congressional Committees, which announced investigations months ago, still have not called on Dennis Muilenburg, the CEO of Boeing, or any member of Boeing’s Board of Directors to testify.

Given the worldwide emergency grounding of all 400 or so MAX aircraft and the peril to crews and airline passengers, why are the Senate and House Committees holding back? House Committee Chairman, Rep. Peter DeFazio (D-OR) wants to carefully prepare for such action after the staff goes through the much delayed transmission of documents from Boeing. Meanwhile, Senate Committee Chair Senator Roger Wicker (R-MS) deferred to Boeing’s request to put off their testimony before Congress until the Indonesian government puts out its report on the Lion Air disaster, presumably sometime in October.

Meanwhile, just about everybody in the airline industry, the Department of Transportation, the National Transportation Safety Board, the Justice Department (with its criminal probe), the transport unions, the consumer groups such as Flyers Rights, and the flying public are anxious to see top Boeing officials in the witness chair under oath answering important questions.

It is not as if Boeing lobbyists are absent. The giant company has been everywhere in Washington, D.C. getting its way for years in Congress, with NASA, the Department of Defense, and of course, the hapless, understaffed FAA. Boeing gives campaign donations to about some 330 members of Congress.

Corporate CEOs hate to testify before Congress under oath when they are in hot water. CEOs from the tobacco, drug, auto, banking, insurance, and Silicon Valley industries have all dragged their feet to avoid testifying. Eventually they all had to show up in public on Capitol Hill.

The Boeing case involves a more imminent danger. The company and its “captured” FAA want to unground the MAX as fast as possible and to get more new MAXs, under order, to the airlines.

This haste is all the more reason why Congress has to pick up the pace, regardless of “MAX Mitch” McConnell, the Kentucky dictator of the Senate who is a ward of the Boeing complex and its campaign cash. If the 737 MAX is ever allowed to fly again, with its shaky software fixes, glitches, and stitches, the pressure will build on members of Congress to go soft on the company. They will be told not to alarm millions of passengers and unsettle the airline industry with persistent doubts about the plane’s prone-to-stall and other serious safety hazards from overautomation and sloppy construction, already documented in The New York Times, the Seattle Times, and other solid media reporting.

With investigations underway at civil aviation agencies all over the world, and a grand jury operating in the U.S. looking into criminal negligence, this is no time for Congress to take its time in laying open the fullest truths and facts in public. Bear in mind, apart from the civil tort law suits, all other investigations are not being conducted in public.

There is a growing consensus by impartial specialists that after many iterations of the Boeing 737 series, beginning with the 737-100 in 1967, the much larger, more elaborate Boeing 737 MAX must be seen as a new aircraft requiring full certification. Certainly that is the view of some members of Chairman DeFazio’s committee and Chairman David Price’s House Subcommittee on Appropriations which holds the keys to funding a much larger FAA budget to do its job as a regulator, not as a deregulator that abdicates to Boeing.

Moreover, retired airline Captain Chesley Sullenberger, in his brilliant testimony before DeFazio on June 19^th, called for full simulator training for pilots before they fly the MAX on scheduled routes (read Captain Sullenberger’s full statement here).

In a precise letter to the Secretary of Transportation, Elaine Chao and the acting and incoming heads of the FAA (Daniel Elwell and Stephen Dickson respectively), dozens of families and friends of the victims from many countries asked for full recertification and mandatory simulator training before any decision is made about the 737 MAX. Currently 737 MAX pilots are only given an hour of iPad training—a clearly insufficient measure and an affront to safety (see more here). The letter, which was sent on August 7, 2019, also called for the resignation of Ali Bahrami, the abdicator in charge of safety at the FAA.

Many decisions are coming up for the FAA and Boeing. The FAA would be very foolish to unground the 737 MAX just for U.S. airspace without the counterparts in North America, Europe, Asia, South America, and Africa concurring.

As for Boeing, the company cannot afford another one or two crashes attributed to continued indifference to longstanding aerodynamic standards of stability. The issue for Boeing’s celebrity, minimally experienced Board of Directors is how long it will tolerate Boeing’s management that, over the judgement of its best engineers, has brought the company to its present predicament.

How long before the Securities and Exchange Commission or the Department of Transportation or the Congress and the betrayed airlines themselves call for the resignation of both officers and the Board and, end the career conflict of interest these failed incumbents have with the future well-being of the Boeing Corporation itself?