DOJ Reaches Settlement with Family of Ashli Babbitt Over Deadly Capitol Shooting
The Department of Justice, under the leadership of Attorney General Pam Bondi, has reached a “settlement in principle” with the family of Ashli Babbitt—the Air Force veteran who was shot and killed by Capitol Police Lt. Michael Byrd during the January 6 Capitol riot. The agreement, part of a $30 million wrongful death lawsuit filed by Judicial Watch on behalf of Babbitt’s estate, was announced during an emergency court hearing Friday afternoon, according to CBS News.
Attorneys Joseph Gonzalez, representing the DOJ, and Robert Sticht, representing Babbitt’s husband, Aaron, confirmed the tentative deal, which remains undisclosed in its financial terms.
Judicial Watch’s lawsuit described Babbitt as unarmed and non-threatening at the time of her death, asserting, “Her hands were up in the air, empty, and in plain view of Lt. Byrd and other officers. Ashli posed no threat to anyone’s safety.”
The Justice Department, in defending Byrd’s actions under President Joe Biden’s administration, had previously outlined Babbitt’s final moments: She breached the Capitol and attempted to climb through a shattered window leading into the Speaker’s Lobby, a highly restricted area behind the House Chamber. It was then that Byrd fired the fatal shot. The DOJ closed its internal investigation into Byrd in April 2021, finding no grounds for criminal charges.
However, Byrd’s past has drawn renewed scrutiny. Records obtained by Just the News reveal that Byrd had a history of disciplinary issues—including a failed firearms qualification, a failed FBI background check for purchasing a weapon, and a 33-day suspension for misplacing his service weapon. He was also referred to Maryland prosecutors after discharging his weapon at a fleeing vehicle in his neighborhood.
In August, a federal judge ordered the Biden DOJ to formally respond to several counts in the Babbitt lawsuit. U.S. District Judge Ana C. Reyes allowed four of the seven legal claims—including wrongful death, negligence, and assault and battery—to proceed. The judge also signaled openness to a venue change request from Judicial Watch, potentially moving the case to San Diego, where Babbitt’s husband resides. The case had initially been relocated to Washington, D.C., where most January 6-related prosecutions have been held.
Judicial Watch President Tom Fitton expressed optimism following the court’s recent moves. “Ashli Babbitt’s family is thrilled the $30 million wrongful death lawsuit for her outrageous killing is moving full speed ahead,” he said.
Ashli Babbitt, a decorated Air Force veteran and former security forces controller, had traveled to Washington to attend the “Save America” rally at the Ellipse, where then-President Donald Trump addressed supporters. According to the Washington Examiner, she was not affiliated with any organized protest group.
The lawsuit accuses Byrd of gross negligence, insufficient training, and failing to follow protocol—including not issuing a verbal warning before using deadly force.
