The Justice Department has reached a settlement in principle with the family of Ashli Babbitt, the Jan. 6 rioter who was fatally shot by a police officer during the 2021 attack on the U.S. Capitol. DOJ lawyers and Babbitt’s estate revealed the agreement during a court hearing Friday. The amount of the settlement in the wrongful death lawsuit was not disclosed.
The $30 million lawsuit, brought by Babbitt’s family and the conservative group Judicial Watch, alleges that U.S. Capitol Police Lt. Michael Byrd was negligent when he fired his gun as Babbitt and other rioters tried to break through doors leading toward the lobby of the House chamber on Jan. 6, 2021. The lawsuit accused Byrd of ambushing Babbitt and claimed he was not in uniform, did not identify himself as an officer, and did not provide “any warnings or commands” before shooting.
‘Ashli Babbitt was a really good person who was a big MAGA fan, Trump fan, and she was innocently standing there,’ Trump said recently.
Following an internal investigation, both the Justice Department and the Capitol Police cleared Byrd of any wrongdoing. The DOJ said investigators had examined video footage, physical evidence from the scene, autopsy results and statements from officers and witnesses.
After her death, Babbitt became a martyr of the MAGA movement, frequently referenced by Republican lawmakers like Rep. Marjorie Taylor Greene of Georgia, who has called on the Justice Department to consider pressing murder charges against Byrd.
Babbitt, an Air Force veteran and QAnon supporter, was also embraced by Donald Trump, who shortly after taking office in January issued blanket clemency for roughly 1,500 defendants in the Capitol attack. In 2021, Trump sent Babbitt’s family a personalized birthday video message. In March, during an interview with Newsmax, Trump said he was a “big fan of Ashli Babbitt.”
“Ashli Babbitt was a really good person who was a big MAGA fan, Trump fan, and she was innocently standing there,” Trump said.
While the details of the settlement haven’t been disclosed, U.S. District Judge Ana Reyes said during Friday’s hearing that the government and the plaintiff had indicated it would be at least 30 days before the lawsuit was officially settled.
