Boeing Top MAX Pilot Takes The Fifth Over Document Subpoena

Gemini Sparkle

Key Takeaways:

  • Mark Forkner, Boeing's former 737 MAX chief technical pilot, has invoked his Fifth Amendment rights, refusing to provide documents to the Justice Department's investigation into the aircraft's crashes.
  • Forkner previously suggested to the FAA that the Maneuvering Characteristics Augmentation System (MCAS), central to the probes, not be included in the MAX pilot flight manual.
  • While "taking the Fifth" often implies guilt, experts suggest this rare use to avoid document submission could be legal maneuvering between Forkner and the Justice Department.
See a mistake? Contact us.

The former chief technical pilot on the Boeing 737 MAX has invoked his Fifth Amendment rights and refused to turn over documents subpoenaed by the Justice Department as part of its broad investigation into the crashes in Indonesia and Ethiopia. Mark Forkner played a key role in the development of the aircraft and worked for Boeing from 2011 to 2018. He’s now a first officer for Southwest. As chief technical pilot, Forkner’s job would have been to “provide flight operations, safety and technical support to Boeing internal and external customers at multiple levels” according to a job posting for a chief technical pilot on another airframe.

While “taking the Fifth” is often perceived as an admission of guilt, its use to avoid supplying documents is relatively rare and may just imply some legal wrangling between Forkner and the Justice Department, according to experts consulted by the Seattle Times. The Times has previously reported that it was Forkner who suggested to the FAA that the maneuvering characteristics augmentation system (MCAS) at the center of the probes not be included in the pilot flight manual for the MAX. He, his lawyer and officials with the Justice Department all declined to comment on the legal move.

Russ Niles

Russ Niles is Editor-in-Chief of AVweb. He has been a pilot for 30 years and joined AVweb 22 years ago. He and his wife Marni live in southern British Columbia where they also operate a small winery.
Sign-up for newsletters & special offers!

Get the latest stories & special offers delivered directly to your inbox

SUBSCRIBE