Federal Judge Orders DOJ to Address Ashli Babbitt Wrongful Death Suit: $30 Million at Stake
In a significant development surrounding the January 6 Capitol riot, a federal judge has ordered the Justice Department to respond to key questions in a $30 million wrongful death lawsuit filed over the shooting of Ashli Babbitt. The lawsuit, brought by Babbitt’s estate and the legal watchdog group Judicial Watch, challenges the circumstances of her death and seeks accountability from the Capitol Police and the Biden administration.
The Incident: A Closer Look
Ashli Babbitt, a decorated Air Force veteran, was shot and killed on January 6, 2021, by then-Lt. Michael Byrd, a plainclothes Capitol Police officer. Byrd, who was stationed outside the House of Representatives, claimed he fired his weapon as a last resort when Babbitt attempted to climb through a broken door window leading to a restricted area. Babbitt was part of a crowd that had breached the Capitol during the certification of President Joe Biden’s Electoral College victory.
The Lawsuit and Judicial Scrutiny
The lawsuit alleges that Byrd’s actions were unjustified and that he violated multiple standards of care in his use of lethal force. According to the suit, Byrd failed to follow proper safety protocols, did not issue a warning before firing, and was inadequately trained. The complaint also points to recently released video footage showing Babbitt attempting to step through a shattered window before she was shot, emphasizing that she posed no imminent threat.
Judicial Watch, representing Babbitt’s husband, Aaron Babbitt, argues that Byrd was “incompetent” and “dangerous,” and that his actions directly led to Babbitt’s death. The lawsuit contends that had Byrd adhered to the appropriate standards, Ashli Babbitt would still be alive.
Judge’s Orders and Potential Trial Relocation
U.S. District Court Judge Ana C. Reyes has given the government a month to address four of the seven counts in the lawsuit, including the wrongful death claim, as well as allegations of negligence and assault and battery against Byrd. The judge has also indicated she may consider moving the trial to San Diego, where Aaron Babbitt resides. The case was initially transferred to Washington, D.C., where most January 6-related cases have been heard.
Tom Fitton, President of Judicial Watch, expressed satisfaction with the judge’s decision, stating, “Ashli Babbitt’s family is thrilled the $30 million wrongful death lawsuit for her outrageous killing is moving full speed ahead.”
Background and Controversy
Babbitt, who was not associated with any protest group, traveled to Washington, D.C., to attend the Save America rally at the Ellipse, where then-President Donald Trump spoke. Her death on January 6 became a flashpoint in the national debate over the events of that day. Following the incident, investigations by the DOJ and Capitol Police cleared Byrd of any wrongdoing, a decision that has been met with outrage by supporters of former President Trump.
During a recent Zoom hearing, Judicial Watch argued that Washington, D.C., courts are biased against January 6 defendants, noting the high rate of convictions in these cases. This claim adds another layer of complexity to the ongoing legal battle over Babbitt’s death.
What’s Next?
As the case proceeds, it could have significant implications for the Biden administration and the broader narrative surrounding January 6. The court’s upcoming decisions, particularly regarding the potential relocation of the trial and the government’s response to the allegations, will be closely watched.