
DOJ moves to end Boeing felony case
With help from Oriana Pawlyk
QUICK FIX
— The Justice Department announced a non-prosecution agreement with Boeing in an ongoing fraud conspiracy case tied to deadly crashes in Indonesia and Ethiopia.
— The Army wrapped up an internal review after an early May incident in which a Black Hawk helicopter near the Pentagon caused go-arounds for two commercial jets.
— It's a big day in court for the Metropolitan Transportation Authority's lawsuit over the Trump administration's attempt to end congestion pricing in Manhattan.
IT'S TUESDAY: You're reading Morning Transportation, your Washington policy guide to everything that moves. We're glad you're here. Send tips, feedback and song lyrics to Sam at sogozalek@politico.com, Chris at cmarquette@politico.com and Oriana at opawlyk@politico.com and follow us at @SamOgozalek, @ChrisMarquette_ and @Oriana0214.
'Out on the street, the traffic starts jumpin'/ With folks like me on the job from nine to five.'
Want to receive this newsletter every weekday? Subscribe to POLITICO Pro. You'll also receive daily policy news and other intelligence you need to act on the day's biggest stories.
Driving the day
BIG CHANGE: The Justice Department said Friday it had reached an agreement to end its felony case against Boeing for the company's role in the 2018 and 2019 MAX 8 disasters in Indonesia and Ethiopia, which killed 346 people. Oriana and Sam have the story. Under the deal, the plane-maker must spend more than $1.1 billion on fines, safety improvements and compensation for the relatives of those who died. Democratic lawmakers last week assailed the DOJ's shift.
WHAT MUST THE COMPANY 'ADMIT' TO? Under the agreement, the Justice Department will ask a federal judge to dismiss the case — but Boeing will have to 'admit to conspiracy to obstruct and impede' federal regulators. The company declined to comment. DOJ in a statement said: 'Nothing will diminish the victims' losses, but this resolution holds Boeing financially accountable, provides finality and compensation for the families and makes an impact for the safety of future air travelers.'
AWAITING WORD: Judge Reed O'Connor, of the Northern District of Texas, could dismiss the case ahead of a scheduled trial next month. Victims' families filed a petition with the court Friday to oppose that.
Aviation
SERVICE SAYS IT'S OK: An internal Army review found 'no deviations from approved flight paths and no risk of intersecting air traffic' when on May 1 a Black Hawk helicopter flying in Washington airspace forced two commercial jets inbound for Ronald Reagan Washington National Airport to perform go-around maneuvers, the military branch said in a statement Friday. (The Army suspended such flights after a wave of concern from lawmakers.)
— The service said the Black Hawk was landing at the Pentagon at the time and carried no passengers, and its location was broadcast via ADS-B Out. The go-arounds, directed by air traffic controllers at Reagan National, were 'out of an apparent abundance of caution,' the Army said. The first of these occurred before the helicopter reached the Pentagon helipad and 'was the result of an issue with sequencing of air traffic' by the airport's tower, according to the Army. The second came during the Black Hawk's 'subsequent traffic pattern and was based on conflicting positional data from legacy tracking systems.'
MORE SPECIFIC: Brig. Gen. Matthew Braman, the Army's aviation chief, in an interview with the AP said that military air traffic controllers lost contact with the Black Hawk for about 20 seconds as it approached the Pentagon 'because a temporary control tower antenna was not set up in a location where it would be able to maintain contact,' the wire service reports. Reagan National controllers aborted the first plane landing as the Black Hawk flew toward the Pentagon because 'both aircraft would be nearing the [building] around the same time, Braman said.' Then, because of the loss of contact, 'the Pentagon's tower did not clear the Black Hawk to land, so the helicopter circled the Pentagon a second time. That's when [Reagan National] controllers ... decided to abort the landing of a second jet' because 'they did not have a confident fix on the Black Hawk's location,' according to the AP, which cited Braman.
GETTING SOME CLARITY: In a call with reporters Friday, United Airlines offered a breakdown of how the FAA's interim order temporarily capping hourly arrival and departure rates at Newark Liberty International Airport compares to current flight operations. The key difference? The airport normally is scheduled to have 77 arrivals and departures per hour, but instead has regularly operated around 83 to 84 per hour (including both domestic and international travel). Many airlines reduced their schedules due to ongoing runway construction that goes until June 15 at Newark. Then, after the radar and communications outages began late last month, United further lowered its number of flights.
— Now, under the FAA's order, both arrivals and departures can't exceed 28 per hour (56 total) until mid-June and on Saturdays from Sept. 1 until the end of the year. They also can't go above 34 per hour (68 total) through Oct. 25, after the daily runway construction wraps up next month. (The lower cap will still apply on Saturdays during this timeframe.)
Automobiles
TAKING IT TO COURT: A federal judge in New York City at 10 a.m. today will hold a hearing on the Metropolitan Transportation Authority's pending request for a preliminary injunction that would block DOT from terminating the congestion pricing tolls in Manhattan while a lawsuit continues. (Others are seeking an injunction, as well: the New York DOT, New York City DOT and the Triborough Bridge and Tunnel Authority.)
Electric Vehicles
DISMISSIVE: A day after the Government Accountability Office concluded that DOT had violated federal impoundment law by refusing to spend appropriated funds on electric vehicle charging infrastructure, White House budget director Russell Vought on Friday mocked the watchdog's opinion in an X post. 'These are non-events with no consequence. Rearview mirror stuff,' he wrote, after noting that he expects similar GAO findings in the future.
ALL IN THIS TOGETHER? The governors of Colorado, Delaware, Massachusetts, Maryland, New Jersey, New Mexico, New York, Oregon, Rhode Island and Washington said Friday they are joining California to form an 'Affordable Clean Cars Coalition' — but avoided any policy commitments, Camille von Kaenel reports. The announcement came after the Senate voted last week to overturn a Biden-era EPA waiver for California's EV mandate, which these states had signed on to. (Some had recently taken steps to roll back their commitments.)
At the Agencies
ICYMI: Democrats on the House Oversight Committee in an X post Friday, referencing a recent Reuters report that a DOGE team has been assigned to review operations at the NTSB, said: 'This is a blatant conflict of interest. Oversight Dems will not allow Musk to weaken the agency that keeps our roads safe and give his company a free pass.' (The independent safety board has probed Tesla crashes.)
The Autobahn
— 'Runway lights not working before fatal San Diego plane crash, NTSB says.' Washington Post.
— 'SpaceX Pushes to Get Starship Rocket Ready for Mars by Next Year.' Wall Street Journal.
— 'Tariffs Add Fuel to Hot Used-Car Sales.' Wall Street Journal.
— 'Daddy's home: Andy Byford to make NYC return for Penn Station remake, White House says.' Gothamist.
— 'Inside United's Command Center at Newark Airport.' New York Times.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


New York Post
33 minutes ago
- New York Post
Mayor Adams expected to hold re-election campaign kickoff event Thursday: ‘Major announcement'
Mayor Eric Adams is expected to hold a re-election campaign kickoff event Thursday, two days after the city's Democratic mayoral primaries close. Hizzoner will make a 'major announcement about the future of his re-election campaign' at the event, according to sources from his campaign. The announcement will be held on the steps of City Hall at noon and will include 'hundreds' of supporters, sources said. Mayor Eric Adams is holding an event for a 'major announcement' about his re-election bid on Thursday William Farrington Adams, 64, will be running for re-election as an independent following a tumultuous year in office, which saw him accused of corruption before the historic case was dropped by the Trump administration. He blamed the long duration of the 'bogus' case for tanking any hopes of campaigning for the primary and still insists he is a Democrat, but has been indicating a split from the party for several months. The city's Democratic primary will close Tuesday, with former Gov. Andrew Cuomo and Democratic socialist Assemblyman Zohran Mamdani battling out for the nomination amidst a large field of contenders. Adams is running on the line 'safe streets, affordable city,' arguing that those are the two areas New Yorkers are most concerned about. 'Those are the issues that are important to New Yorkers,' Adams told 1010Wins in April. 'They want a safe city. They want an affordable city. And I want them to know that is what I produced for them.' An Adams aide also may have violated city laws while publicizing the Thursday event after they blasted out a message promoting it from their government email, the Daily News reported. Local law prohibits city employees from using municipal resources for 'political activity,' the city's Conflicts of Interest Board states. The aide later told the Daily News they 'accidentally' sent the message from the wrong email account while multitasking.


CNN
an hour ago
- CNN
Judge says Justice Department failed to make case for Abrego Garcia's detention ahead of criminal trial
A judge in Tennessee said the Justice Department hasn't made a convincing case that Kilmar Abrego Garcia should be kept in pretrial detention, though the mistakenly deported man who was returned to the US is likely to remain in federal immigration custody regardless. Abrego Garcia is being held in Tennessee as he faces a federal indictment of smuggling undocumented immigrants across state lines in 2022. The US returned him from El Salvador this month after the indictment was unsealed, ending a political standoff over his due process rights. His court proceedings have become a vessel for the Trump Justice Department's hardball approach to immigration enforcement in which it has sought to portray Abrego Garcia as part of a gang operation in Maryland. But as she ruled in Abrego Garcia's favor, Magistrate Judge Barbara Holmes of the federal court in Nashville said Sunday that 'the government failed to prove' so far that he endangered any minor victim, might try to flee from the law or might attempt to obstruct justice, as the Justice Department had argued. She noted that under federal criminal law, the Justice Department hadn't even shown it had enough evidence to hold a hearing seeking his pretrial detention. Still, Abrego Garcia is likely to remain in federal custody, because immigration authorities will be able to keep him detained separate from his criminal case. He has pleaded not guilty to the charges. Holmes' opinion is still a notable one, building upon six hours of evidence and testimony regarding Abrego Garcia's detention earlier this month, in what amounted to a preview of what may be evidence used at a trial. Holmes' 51-page ruling essentially deems some DOJ accusations about Abrego Garcia to be overblown — built upon evidence with questionable reliability from a traffic stop, cooperators in the case providing information to law enforcement through hearsay, and a shaky theory of victimizing children in a human-smuggling operation when that has not been charged or proved by the DOJ, the judge wrote. Attorney General Pam Bondi and the prosecutor in the case, Robert McGuire, had emphasized how smuggling operations could be dangerous affairs. The danger, the Justice Department argued, stretched from putting adults and children at risk while traveling in packed vehicles, potentially without seat belts, to how the transport of migrants could connect to gang membership in the US. 'There is no dispute the offenses of which Abrego is charged are not crimes against children and the involvement of a minor child is not an element of the charged offenses,' Holmes wrote Sunday. And, she wrote, 'the government cannot simply rely on the general reputation of a particular street gang' to argue Abrego Garcia may be dangerous if he has ties to the group MS-13, as the Justice Department had argued, citing the beliefs of cooperators facing their own charges and deportations. The Justice Department has already appealed the magistrate judge's decision. A senior DOJ official, speaking to CNN, downplayed the significance of the loss in court Sunday and noted it is coming from a magistrate judge. The administration is optimistic it will have a better chance with a federal district court judge but will not be deterred in pursuing the criminal case against Abrego if early appeals do not go its way, the official said. Holmes has set another hearing for Wednesday in Nashville to discuss Abrego Garcia's release conditions. Responding to the opinion, Abrego Garcia's defense attorney Sean Hecker said, 'We are pleased by the Court's thoughtful analysis and its express recognition that Mr. Abrego Garcia is entitled both to due process and the presumption of innocence, both of which our government has worked quite hard to deny him.' Tricia McLaughlin, a spokesperson for the Department of Homeland Security, said Sunday on X that 'Kilmar Abrego Garcia is a dangerous criminal illegal alien. We have said it for months and it remains true to this day: he will never go free on American soil.' Abrego Garcia was returned to the US this month to face the charges after he was mistakenly deported to El Salvador three months before. He has pleaded not guilty to federal charges of human smuggling related to a 2022 traffic stop in which he drove a Chevrolet Suburban with nine Hispanic male passengers through Tennessee. Justice Department prosecutors allege Abrego Garcia transported undocumented people in the US on more than 100 trips between Texas, Maryland and other states. Prosecutors say over several years, Abrego Garcia 'operated in the illicit world of an international smuggling ring.' But according to legal filings, evidence and statements from prosecutors in the case so far, the man was a cog in a larger alleged scheme of transporting undocumented immigrants from Texas to Maryland for profit. Separately, Abrego Garcia's mistaken deportation had caused a political crisis for the Trump administration. Courts had ordered the federal government to 'facilitate' Abrego Garcia's return from El Salvador this spring because he had been mistakenly sent there. Yet the administration didn't bring him back for weeks, until a grand jury handed up its indictment in late May. In a separate federal court proceeding in Maryland, Abrego Garcia's attorneys are arguing for Trump administration officials to be sanctioned because of their handling of his deportation and the lack of information they provided to his legal team following multiple court orders while he was imprisoned in El Salvador. The government deported the father of three in mid-March, violating a 2019 court order that barred his removal to El Salvador because of fears that he would face gang violence there.


The Hill
2 hours ago
- The Hill
Judge orders Abrego Garcia's release, but government expected to detain him
Kilmar Abrego Garcia, who was mistakenly deported by the Trump administration to El Salvador then returned to the U.S. amid a legal battle, was ordered released from jail on Sunday by a Tennessee judge while he awaits federal trial. The government, however, is expected to quickly detain him upon his release, which U.S. Magistrate Judge Barbara Holmes scheduled a Wednesday hearing to discuss. The Justice Department has filed a motion to appeal the judge's release order. At a detention hearing on June 13, prosecutors said U.S. Immigration and Customs Enforcement would take Abrego Garcia into custody if he were released on the criminal charges, and he could be deported before he has a chance to stand trial. The new charges stem from a 2022 traffic stop in Tennessee. Abrego Garcia was stopped for speeding, and an officer questioned why he was traveling with so many people without luggage. The indictment alleges Abrego Garcia falsely told the officer he was driving construction workers from St. Louis, but he was actually on one of multiple trips organized to transport migrants who were living in the country illegally. Attorneys for Abrego Garcia have cast the case as trumped-up charges and a way for the administration to save face after allowing him to be wrongly imprisoned for nearly three months. The Trump administration had resisted court orders directing Abrego Garcia be returned to the U.S., but he was swiftly returned in early June as the Justice Department announced charges for the Maryland resident, who is a Salvadoran national. Holmes acknowledged in her ruling Sunday that determining whether Abrego Garcia should be released is 'little more than an academic exercise' because ICE will likely detain him. But the judge wrote that everyone is entitled to the presumption of innocence and 'a full and fair determination of whether he must remain in federal custody pending trial.' Holmes wrote that the government failed to prove that Abrego was a flight risk, that he posed a danger to the community or that he would interfere with proceedings if released. 'Overall, the Court cannot find from the evidence presented that Abrego's release clearly and convincingly poses an irremediable danger to other persons or to the community,' the judge wrote. Rebecca Beitsch and The Associated Press contributed to this report.