Trump administration makes shock decision in lawsuit over Jan 6 rioter Ashli Babbitt who was shot and killed by Capitol Police
By Bethan Sexton
Daily Mail
May 3, 2025
The Trump administration has agreed to settle a lawsuit with the family of Ashli Babbitt, a January 6 rioter who was fatally shot by Capitol Police
The Trump administration has agreed to settle a lawsuit with the family of a January 6 rioter who was fatally shot by Capitol Police.
Ashli Babbitt, 35, was gunned down by then-Lieutenant Michael Byrd as she and thousands of others attempted to storm the Hill in 2021.
Byrd was cleared of any wrongdoing over the shooting which took place as 80 members of Congress were sheltering inside.
Babbitt's husband Aaron Babbitt filed a $30million lawsuit accusing the government of 'wrongful death, assault and battery and various negligence issues'.
But the Justice Department and Babbitt's estate reached an agreement in principle to resolve the case.
The details are expected to be finalized within the next few weeks, according to Tom Fitton, the president of Judicial Watch, a conservative legal advocacy organization that is representing Babbitt's family in the case.
The settlement is the latest boost of support from the president for Babbitt, who he has previously publicly defended along with other January 6 rioters who descended on the Capitol to try and block the certification of his 2020 election loss.
Trump branded Babbitt's death a 'murder' and demanded 'justice' for the Air Force veteran.
Babbitt, 35, was gunned down as she and thousands of others attempted to storm the Hill in 2021
'I'm a big fan of Ashli Babbitt, OK, and Ashli Babbitt was a really good person who was a big MAGA fan, Trump fan, and she was innocently standing there -- they even say trying to sort of hold back the crowd,' Trump said in March.
'And a man did something unthinkable to her when he shot her, and I think it's a disgrace. I'm going to look into that. I did not know that.'
More than 1,500 people were criminally charged for participating in the riot.
Trump pardoned nearly all of them, and released those who had been imprisoned.
The Justice Department has moved to replace Trump as a defendant in lawsuits he faces over the violence at the Capitol.
Babbitt was a vocal Trump supporter and promoted conservative activists and QAnon conspiracy theory movement leaders.
On the day of the storming, she walked to the Capitol for about one-and-a-half miles.
Two undercover Metropolitan Police Department officers followed closely behind her as she climbed the stairs to the West Terrace and entered the Capitol on the Senate side.
She was shot by then-Lieutenant Michael Byrd, who was later cleared of any wrongdoing
President Trump has previously expressed his support for Babbitt and called her death 'murder'
She had reached the Speaker's lobby when the shooting happened.
Court documents state that Byrd shot Ashli on sight as she raised herself into the opening of the right door sidelight.
He later confessed that he shot Ashli before seeing her hands, assessing her intentions, or even identifying her as female.
Video shows her on the floor after being shot in her shoulder and being surrounded by other witnesses.
After an internal investigation, Byrd was exonerated in August 2021.
He later defended his actions in an interview with NBC.
'I know members of Congress, as well as my fellow officers and staff, were in jeopardy and in serious danger. And that’s my job,' Lt. Byrd said.
'I'm hearing about the breaches of different barricaded areas, officers being overrun, officers being down.'
Babbitt's husband Aaron Babbitt filed a $30 million wrongful death lawsuit
The terms of the settlement have not been released. Pictured: Babbitt's mother Micki Witthoeft
Byrd said he had no idea if the person he shot was carrying a weapon.
'I was taking a tactical stance. You're ultimately hoping that your commands will be complied with, and ultimately they were not,' Byrd said.
Babbitt's family's lawyer argued he never gave commands. He told Holt during the interview he yelled multiple times, 'Stop. Get back.'
He said he fired a single fatal gunshot, striking Babbitt in the left shoulder, 'as a last resort.'
'You're taught to aim for center mass the subject was sideways, and I could not see the full motion of her hands or anything so I guess her movement caused the discharge to fall where it did,' Byrd said.
'I tried to wait as long as I could. I hoped and prayed no one tried to enter through those doors.
'But their failure to comply required me to take the appropriate action to save the lives of members of Congress and myself and my fellow officers.'
DailyMail.com has contacted the DOJ for comment.
4 comments:
I don't think the G should have settled this one.
Asheli Babbitt (RIP) wasn't a threat. She didn't display a weapon. The bottom line is that a patrol officer on the streets probably would have been indicted for killing her under similar circumstances. Please look up the meaning of Posing a Threat. "It's not necessarily a direct or immediate threat." Who was in power when this investigation was conducted?
I'll grant you that this was a questionable shooting, but spare me the tears. Babbitt was no hero. She was in the front ranks of the hoodlums who injured 174 cops. The did pose a threat to the lives of members of Congress as they were breaking into the House chamber. You don't have to be armed to pose a threat to another's life. And by the way, that mob was out to lynch Vice President Pence.
As a retired law enforcement officer, you should be condemning that pack of hoodlums, not defending them.
I'm glad the settlement is coming. I'm also glad 45-47 granted these pardons because there are too many conflicting stories. Like video proof of the Capital Police letting the citizens in the gates. I agree there was wrong committed on both sides but killing Lt. Babbitt wasn't necessary. As a retired LE Professor, you should be questioning the shooting not condoning it.
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