The United States Department of Justice has reached a settlement in principle with the family of Ashli Babbitt, who was shot and killed during the riot at the U.S. Capitol on Jan. 6, 2021. The agreement aims to resolve a lawsuit filed by her estate.
Sources familiar with the matter indicated the settlement is not yet finalized or signed. News of the agreement came during a federal court hearing Friday, where attorneys confirmed the development. The terms of the settlement remain undisclosed.
The settlement could avert a trial in a $30 million civil suit filed by the conservative legal group Judicial Watch on behalf of Ashli Babbitt’s estate, including her husband, Aaron Babbitt.
The lawsuit alleged U.S. Capitol Police Lt. Michael Byrd, the officer who fired the shot, was negligent in his use of force and handling of his firearm. It also claimed Byrd failed to de-escalate the situation and was not in a standard uniform, wearing a face mask.
The suit asserted Ashli Babbitt was unarmed with her hands visible, posing no threat to officers or others in the House Speaker’s Lobby.
The Justice Department, which defended the case when it was transferred to Washington, D.C., argued in a filing that Babbitt entered the Capitol unlawfully and attempted to climb through a broken window into the Speaker's Lobby near the House Chamber while members of Congress were evacuating.
An internal review by the U.S. Capitol Police cleared Byrd of misconduct in August 2021, stating his actions likely saved lives. The Justice Department also concluded Byrd believed shooting Babbitt was necessary to defend members of Congress.
Ashli Babbitt, an Air Force veteran and former military police officer, attempted to climb through a broken window pane into the Speaker's Lobby as a crowd pressed forward. Footage from Jan. 6 shows her actions at the time.
Her death became a rallying point for many who participated in the Capitol riot and their supporters. Ashli Babbitt's mother, Micki Wittehoff, has been a prominent advocate for January 6 defendants and met with political figures including Kevin McCarthy.
President Trump has also referenced Ashli Babbitt and hours after his inauguration issued pardons for many who faced charges related to the Capitol riot. Brendan Ballou, a former federal prosecutor, stated the pardons and related actions were an effort to rewrite the history of Jan. 6.
