Some Justice for Ashli Babbitt--Finally

It appears the Trump Department of Justice has reached an agreement in the wrongful death lawsuit related to the killing of the unarmed Trump supporter on January 6, 2021.

The Department of Justice today confirmed a settlement “in principle” has been reached in the $30 million wrongful death lawsuit filed on behalf of the estate of Ashli Babbitt, who was killed by a police officer inside the Capitol on January 6, 2021.

Terms of the settlement have not been disclosed; during a hearing today before D.C. Judge Ana Reyes, both sides indicated it could be at least a month before the agreement is finalized and made public.

In January 2024, Judicial Watch, representing Babbitt’s widower, Aaron, filed a complaint under the Federal Tort Claims Act accusing the government of causing “personal injury and death…caused by the negligent or wrongful acts or omissions of one or more employees of the federal government.”

At around 2:44 p.m. on January 6, Capitol Police Lt. Michael Byrd shot Babbitt in the shoulder as she and other protesters were packed inside a small area outside the Speaker’s Lobby where two protesters had smashed in windows. “Ashli was ambushed when she was shot by Lt. Michael Byrd,” the lawsuit reads. “Multiple witnesses at the scene yelled, ‘you killed her.’” Babbitt, 35, was unarmed.

Joe Biden’s DOJ announced in April 2021 that it had closed an investigation into the killing, determining Byrd did not violate Babbitt’s civil rights. “As this requirement has been interpreted by the courts, evidence that an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent required,” an April 2021 DOJ press release stated.

Byrd was cleared under a separate internal investigation conducted by Capitol Police in August 2021. He was promoted to captain last year despite a long record of personal and professional misconduct including abandoning his firearm in a Capitol Visitor’s Center bathroom in 2019 and failing a background check to personally purchase a gun in 2021.

Byrd’s name was concealed by the media and Capitol Police for months as anger mounted over Babbitt’s killing. During a softball interview with NBC News anchor Lester Holt in August 2021, Byrd revealed himself for the first time and acted as the victim rather than the perpetrator. His name was withheld from the public for more than seven months, Byrd explained, due to “vile threats” he received. (Holt did note the names of officers involved in fatal shootings are often immediately released.) “They talked about killing me, cutting off my head, very vicious, cruel things.” When prompted by Holt, Byrd claimed some of the threats were “racist” in nature. (Never mind he’s a black cop who shot and killed a white woman.)

“I believe I showed the utmost courage on January 6,” Byrd told Holt.

It was later learned in response to a FOIA request from Judicial Watch that Byrd and his pet had been housed in a VIP suite at Joint Base Andrews in Maryland for more than six months—between August 2021 and February 2022—costing taxpayers roughly $30,000. Representative Barry Loudermilk (R-Ga) also discovered Byrd received a $36,000 “retention” bonus in August 2021.

President Donald Trump has remained a big supporter of Babbitt, frequently raising her name during campaign rallies and interviews. According to reports, Trump called Micki Witthoeft, Ashli’s mother, on January 9, 2025 and asked her to tell J6ers that “I love them, to keep their chins up.” On January 20, the president issued a blanket pardon with the exception of 13 J6ers for individuals charged in the sweeping investigation and prosecution conducted by the Biden DOJ.

Trump recently told Newsmax’s Greg Kelly that he would “look into” both the progress of the lawsuit and the actions of Byrd. “I'm a big fan of Ashli Babbitt,” the president told Kelly during a March 2025 interview. “And Ashli Babbitt was a really good person who was a big MAGA fan, Trump fan. And she was innocently standing there; they even say trying to sort of hold back the crowd. And a man did something to her that was unthinkable when he shot her. And I think it's a disgrace.”

Another hearing in the matter is set for May 12.