By Tim Gamble
The following is based on a press release by Judicial Watch, dated September 23, 2024.
9-24-2024 (Washington, DC) – Judicial Watch announced yesterday that, following a hearing on September 20, Judge Ana C. Reyes of the U.S. District Court for the District of Columbia scheduled a trial date of July 20, 2026, for the $30 million wrongful death suit filed on behalf of the estate and the family of Ashli Babbitt, who was shot and killed in the U.S. Capitol on January 6, 2021, by then-Capitol Police Lt. Michael Byrd. Discovery in the lawsuit has also commenced as the Court continues to consider Ashli’s motion to retransfer the lawsuit to California where it was originally filed earlier this year.
Ashli Babbitt, 35, an Air Force veteran, owned and operated a successful pool business with her husband Aaron. Ashli traveled alone from San Diego to Washington, DC, to attend the Women for America First (aka Save America) rally on January 6, 2021, at the Ellipse.
The wrongful death lawsuit was filed on January 5, 2024, in the U.S. District Court for the Southern District of California against the U.S. Government on behalf of the family of Ashli Babbitt..
The lawsuit includes claims against the U.S. Government for wrongful death, assault and battery, and various negligence issues.
The complaint recounts:
The shooting occurred at the east entrance to the Speaker’s Lobby. After demonstrators filled the hallway outside the lobby, two individuals in the crowded, tightly packed hallway struck and dislodged the glass panels in the lobby doors and the right door sidelight. Lt. Byrd, who is a United States Capitol Police commander and was the incident commander for the House on January 6, 2021, shot Ashli on sight as she raised herself up into the opening of the right door sidelight. Lt. Byrd later confessed that he shot Ashli before seeing her hands or assessing her intentions or even identifying her as female. Ashli was unarmed. Her hands were up in the air, empty, and in plain view of Lt. Byrd and other officers in the lobby.
The facts speak truth. Ashli was ambushed when she was shot by Lt. Byrd. Multiple witnesses at the scene yelled, “you just murdered her.”
Lt. Byrd was never charged or otherwise punished or disciplined for Ashli’s homicide.
The lawsuit also alleges:
Lt. Byrd, who is a (US Capitol Police) commander and was the incident commander for the House on January 6, 2021, shot Ashli as she raised herself up into the opening of the right door sidelight.… Not one member of Congress was in the lobby, which was guarded by multiple armed police officers. Additional armed police officers were in the hallway outside the lobby and/or on the adjoining stairway. Ashli could not have seen Lt. Byrd, who was positioned far to Ashli’s left and on the opposite side of the doors, near an opening to the Retiring Room, a distance of approximately 15 feet and an angle of approximately 160 degrees. Sgt. Timothy Lively, one of the armed officers guarding the lobby doors from the hallway, later told officials investigating the shooting, “I saw him . . . there was no way that woman would’ve seen that.” Lt. Byrd, who was not in uniform, did not identify himself as a police officer or otherwise make his presence known to Ashli. Lt. Byrd did not give Ashli any warnings or commands before shooting her dead.
The DC district court also continues to consider Ashli’s motion to retransfer the lawsuit to Babbitt’s home of San Diego where it was originally filed.
“Ashli Babbitt’s family is relieved Ashli’s case is moving forward to trial on all fronts. They seek justice and accountability for Ashli’s violent and lawless death at the hands of U.S. Capitol Police Lt. Byrd,” said Judicial Watch President Tom Fitton.
In April 2024, records from the DOJ in a separate FOIA lawsuit showed that the FBI opened a criminal investigation of Air Force veteran Ashli Babbitt after her killing and listed four “potential violations of federal law,” including felony rioting and civil disorder.
In September 2023, Judicial Watch received records from the Executive Office for United States Attorneys, a component of the Department of Justice, in a FOIA lawsuit that detail the extensive apparatus the Biden Justice Department set up to investigate and prosecute January 6 protestors.
A previous review of records from that lawsuit highlighted the prosecution declination memorandum justifying the decision not to prosecute U.S. Capitol Police Lt. Michael Byrd for the shooting death of Babbitt.
In January 2023, documents from the Department of the Air Force, Joint Base Andrews, MD, showed U.S. Capitol Police Lieutenant Michael Byrd was housed at taxpayer expense at Joint Base Andrews after he shot and killed U.S. Air Force veteran Ashli Babbitt inside the U.S. Capitol on January 6, 2021.
In November 2021, Judicial Watch released multiple audio, visual and photo records from the DC Metropolitan Police Department about the shooting death of Babbitt on January 6, 2021, in the U.S. Capitol Building. The records included a cell phone video of the shooting and an audio of a brief police interview of the shooter, Michael Byrd.
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