Three years after Ashli Babbitt was shot and killed during the January 6 Capitol riot, the Justice Department has reached a preliminary settlement with her family over their $30 million wrongful death lawsuit.
At a Glance
- The Department of Justice has reached an agreement in principle to settle a lawsuit with Ashli Babbitt’s family
- Babbitt’s family sued the government in January 2024, seeking $30 million for her alleged wrongful death
- Babbitt was unarmed when shot while attempting to climb through a barricaded door during the Capitol riot
- Capitol Police Officer Michael Byrd was cleared of wrongdoing after an internal investigation
- The settlement details were not disclosed and formal agreement is expected within three weeks
Settlement Reached After Three-Year Legal Battle
The Department of Justice has reached an agreement in principle to settle a lawsuit brought by the family of Ashli Babbitt, the Air Force veteran who was fatally shot by a U.S. Capitol Police officer during the January 6, 2021 Capitol riot. The settlement was disclosed during an emergency hearing before Judge Ana Reyes, though specific terms of the agreement were not revealed. Babbitt’s family filed the $30 million wrongful death lawsuit in January 2024, alleging negligence and excessive force in her death.
The formal settlement agreement is expected to be signed within three weeks, according to statements made during the hearing. This development marks a significant turn in a case that has been politically charged since Babbitt’s death. Former President Donald Trump has previously expressed support for Babbitt’s family and characterized the shooting as “murder,” though he was reportedly unaware of the lawsuit when it was initially filed.
Circumstances Surrounding the Fatal Shooting
Babbitt, a 35-year-old Air Force veteran and Trump supporter, was shot while attempting to climb through a broken window in a barricaded door leading to the Speaker’s Lobby during the height of the Capitol riot. Capitol Police Lieutenant Michael Byrd, who fired the fatal shot, was subsequently cleared of any wrongdoing following internal investigations by both the U.S. Attorney’s Office and the Capitol Police. These investigations concluded Byrd acted in self-defense and in defense of members of Congress who were being evacuated from the area.
“Ashli posed no threat to the safety of anyone,” claimed the lawsuit filed by Babbitt’s family against the government.
The lawsuit specifically challenged the official findings, alleging that Babbitt received no warning before being shot. It claimed that the Capitol Police were negligent in their duty to properly train and supervise Byrd, suggesting he had a history that indicated he might be prone to dangerous behavior. Additionally, the suit contended that the department should have anticipated and prevented potential misconduct by its personnel during the chaos of January 6.
Officer’s Defense and Legal Implications
Lieutenant Byrd publicly identified himself in an NBC News interview months after the shooting. In that interview, he maintained that he fired as a “last resort” after repeatedly ordering the rioters to stop advancing toward the chamber where lawmakers were being evacuated. Byrd stated he could not determine whether Babbitt was armed at the time, but felt his actions were necessary to protect those under his watch.
The settlement comes as part of a broader resolution of cases stemming from the January 6 events. Under the Trump administration, over 1,500 individuals charged in connection with the Capitol riot have reportedly received pardons or had their charges dismissed. The agreement to settle with Babbitt’s family does not constitute an admission of wrongdoing by the government but does avoid what would likely have been a lengthy and politically contentious trial.
