The Department of Justice is reportedly set to settle a lawsuit brought by the family of Ashli Babbitt, who was killed on January 6, 2021, in the U.S. Capitol, for $5 million.
Babbitt’s family filed a wrongful death lawsuit against the federal government last year, seeking $30 million. The Justice Department previously opposed the suit and planned to argue against it in a trial scheduled for July 2026.
Attorneys for the Justice Department and for Babbitt’s family said at a May 2 hearing that they had agreed to a settlement to end the case, according to <a href="https://www.washingtonpost.com/national-security/2025/05/19/ashli-babbitt-lawsuit-settlement/" target="_blank" rel="noopener">The Washington Post</a>. No deal was filed, and U.S. District Court Judge Ana Reyes ordered the parties to update the court about the agreement this coming Thursday, May 22.
The settlement is reportedly an agreement by the Trump administration to pay Babbitt’s family $5 million. Babbitt was fatally shot by a police officer on January 6 after entering the U.S. Capitol.
The Babbitt family is being represented in the case by Judicial Watch, whose president, Tom Fitton, declined to comment on the settlement in a post on X.
“[Judicial Watch] can&#8217;t yet comment on the Ashli Babbitt settlement amount that is being reported because the settlement still hasn&#8217;t been finalized. But I can say, contrary to initial WPOST report, [Judicial Watch] is not getting a third (or any portion) of any settlement. We are representing Ashil&#8217;s family pro bono!” Fitton posted.
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
.<a href="https://twitter.com/JudicialWatch?ref_src=twsrc%5Etfw">@JudicialWatch</a> can&#39;t yet comment on the Ashli Babbitt settlement amount that is being reported because the settlement still hasn&#39;t been finalized. But I can say, contrary to initial WPOST report, <a href="https://twitter.com/JudicialWatch?ref_src=twsrc%5Etfw">@JudicialWatch</a> is not getting a third (or any portion) of any settlement. We are… <a href="https://t.co/Cn35tbXd5H">https://t.co/Cn35tbXd5H</a>
&mdash; Tom Fitton (@TomFitton) <a href="https://twitter.com/TomFitton/status/1924552757270167958?ref_src=twsrc%5Etfw">May 19, 2025</a></blockquote>
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The U.S. Attorney’s Office for the District of Columbia conducted an investigation into Babbitt&#8217;s death, and released its findings in April 2021. Investigators concluded that the police officer who shot Babbitt did not violate federal laws “beyond a reasonable doubt.”
“Specifically, the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber,” the U.S. attorney’s office <a href="https://www.justice.gov/usao-dc/pr/department-justice-closes-investigation-death-ashli-babbitt" target="_blank" rel="noopener">said</a>.
President Donald Trump has taken a more sympathetic view of those involved in January 6. On his first day in office, Trump <a href="https://www.whitehouse.gov/presidential-actions/2025/01/granting-pardons-and-commutation-of-sentences-for-certain-offenses-relating-to-the-events-at-or-near-the-united-states-capitol-on-january-6-2021/" target="_blank" rel="noopener">issued</a> a sweeping clemency order for all of the nearly 1,600 people charged in connection with the Capitol riot. Most received full pardons while over a dozen others had their sentences commuted. Those who had not yet been tried had their cases dropped.

January 6th Solidarity Rally

Trump Admin Reportedly Reaches Settlement With Family Of Ashli Babbitt

Ashli Babbitt

Capitol Riot

Courts

Department of Justice

Donald Trump

January 6

Judicial Watch

U.S.

To <a href="https://www.dailywire.com/podcasts/morning-wire/justice-and-january-6th-family-members-speak-out-saturday-extra" target="_blank" rel="noopener">mark the third anniversary</a> of the U.S. Capitol riot, The Daily Wire spoke with Micki Witthoeft, the mother of <a href="https://www.dailywire.com/topic/ashli-babbitt" target="_blank" rel="noopener">Ashli Babbitt</a>, an Air Force veteran who was fatally shot in the halls of Congress that day, as Witthoeft participated in a nightly vigil last week outside the Washington, D.C. jail where many <a href="https://www.dailywire.com/topic/january-6" target="_blank" rel="noopener">January 6</a> defendants are being held. The interview, as published below, has been lightly edited for length and clarity and contains some notes in brackets with further information.
DW: Why are you here this evening?
Witthoeft: I&#8217;m here because the government murdered my daughter three years ago. I think she deserves an investigation into her death. And I think the men inside deserve fair and accurate sentences and not the overreach we’re seeing. 
DW: So it&#8217;s not just one person. It&#8217;s about everybody who&#8217;s been incarcerated?
Witthoeft: It is about the unfair treatment and the violation of people&#8217;s constitutional rights. I very much think Ashli&#8217;s rights were violated. She served this country four times in the Middle East, she was deployed four times to come home and go to a &#8220;Stop the Steal&#8221; rally and to come home in a box is completely unacceptable. And then to have your government throw you away like you&#8217;re a disposable human — completely unacceptable.
DW: How many nights have you been here at the vigil outside the D.C. jail?
Witthoeft: Probably about 520 now.
DW: How aware do you think the guys on the inside are of what you&#8217;re doing out here? And do you think that the demonstrations that you&#8217;re doing every night, and speaking with them, of course, gives them hope? Or how does it make them feel?
Witthoeft: It gives them a voice to the outside. When we first got here, they didn&#8217;t have visitation, they were being horribly treated by some of the guards and their treatment has improved.  They do have visitation now. And some of these people on &#8220;Freedom Corner&#8221; [at the vigil] will be their visitors on Friday. Some of them have family that can&#8217;t make it all the way across the country, especially not every week. So, we go sit in a big room across from each other and fill up the visitation room. So I think that&#8217;s been a blessing. There&#8217;s a constant in and out of people here because they come here before they go to trial. And then they stay here until they&#8217;re sentenced, then they leave and then there&#8217;s a constant flow of people — because people continue to get arrested to this day behind the events of January 6.
While <a href="https://www.washingtonpost.com/dc-md-va/2023/03/29/us-attorneys-office-charges-declined-dc-police/" target="_blank" rel="noopener">67% of crimes</a> in this city go unprosecuted while they continue to hunt down &#8220;MAGA&#8221; meemaws and grandmas. They let everything else slide so they can continue to persecute January 6 detainees. … Speedy trial rights went out the window a long time ago. And you can see when you go into these courtrooms that the people are very much judged by the day on the calendar and not their behavior that day. Like I said, it&#8217;s excessive sentencing.
Some people in this movement think there should be blanket pardons and I don&#8217;t believe that. I believe everybody should be held accountable — and saying that everybody should be held accountable, I mean, [former House Speaker] Nancy Pelosi, I mean Michael Byrd [the Capitol Police officer who shot Babbitt], [Rep.] Adam Schiff, [Senate Majority Leader Chuck] Schumer all of them. And the American patriots that got out of control that day. 
[Editor’s note: <a href="https://www.justice.gov/usao-dc/36-months-jan-6-attack-capitol-0" target="_blank" rel="noopener">The Department of Justice says</a> more than 1,200 people have been charged with crimes in connection to January 6, nearly 900 have pleaded guilty or been convicted, and almost 750 have had their cases adjudicated and received sentences.]
DW: What kind of reforms are you looking for moving forward? 
Witthoeft: Well, I think what has become clear to mainstream America, and shame on us for not realizing it sooner, but we have a lot of these guys — it&#8217;s their first bout with the law. Not all of them, but most of them. This is mainstream America you have behind the walls of this jail. So I think a lot of us have become aware of the need for prison reform in this country all around.
<h4><a href="https://www.dailywire.com/podcasts/morning-wire/justice-and-january-6th-family-members-speak-out-saturday-extra" target="_blank" rel="noopener">LISTEN: Hear the full Morning Wire interview with Micki Witthoeft</a></h4>
DW: You mentioned blanket pardons wouldn&#8217;t work.
Witthoeft: I don&#8217;t think so. I mean, there are some people in this movement that are for them. But I think it would deter a proper investigation into the events of that day. I think if you blanket pardoned people and then their problem goes away, there&#8217;ll be less people pushing forward to find out exactly what happened that day.
DW: It would be too easy an answer?
Witthoeft: Well, I think it would allow the government to just shelve it.
DW: Do you think, under the current administration, that might happen? Are you hoping that now that it&#8217;s an election year, whoever gets elected — because it is ultimately the Justice Department that&#8217;s in charge — do you hope that whoever comes in or if President Joe Biden himself [gets a second term], hears your message and institutes the kind of changing and looking for?
Witthoeft: Biden himself is never going to listen to my message. I think, not disrespectfully to Biden — although I don&#8217;t have any respect for Biden — but what I say is not out of disrespect, it&#8217;s out of what I see from him. I don&#8217;t think he&#8217;s competent to run this country. I think he&#8217;s very much addle-minded and in his senior decline. I mean, you know it&#8217;s just human fact that at a certain point, you&#8217;re at your peak and then you&#8217;re not anymore. And I think he&#8217;s very much not anymore. I don&#8217;t think he has the capacity for the intricate situations that arise in this country. I don&#8217;t think he&#8217;s a good leader at this point.
I go back to sitting in the courtrooms. And some of the judges say, “What an embarrassment January 6 was to this nation.” I don&#8217;t find it to be so. I think, you know, the end result was reprehensible. But I don&#8217;t think that that was the American citizens as much as it was our government and the assault under color of authority. My daughter&#8217;s murder — people are quick to say, “Well, she should have complied, she should have complied.” But she was not given an order to comply to. She didn&#8217;t see that man until he killed her, he was very much hiding. And, you know, Ashli was part of the security forces in the Air Force, well versed in the use of force continuum. And the first one would be to identify yourself — identify yourself as a police officer. Give a verbal command. He did none of those things. The Capitol Police operate with impunity. And I think that in any other police force in this country, Byrd&#8217;s conduct would have caused him to be fired, not promoted.
[Editor’s note: The Justice Department <a href="https://www.justice.gov/usao-dc/pr/department-justice-closes-investigation-death-ashli-babbitt">refused</a> to pursue criminal charges against Byrd for the fatal shooting of 35-year-old Babbitt as she attempted to pass through the broken window of a barricaded door and the Capitol Police <a href="https://www.uscp.gov/media-center/press-releases/uscp-completes-internal-investigation-january-6-officer-involved">declined</a> to take disciplinary action against him. Byrd <a href="https://www.nbcnews.com/news/us-news/officer-who-shot-ashli-babbitt-during-capitol-riot-breaks-silence-n1277736">claimed to NBC News</a> that pulling the trigger was a “last resort.” He insisted the “failure” of people to “comply required me to take the appropriate action to save the lives of members of Congress and myself and my fellow officers.” In August of last year, <a href="https://rollcall.com/2023/08/24/capitol-police-promotes-officers-who-got-jan-6-attack-spotlight/">CQ Roll Call reported</a> that Byrd was poised to be promoted to captain.]
DW: What do you think your daughter would say at this point in time, if she were here? 
Witthoeft: Well, she would be very upset at the state of this country as I think many Americans are. My daughter was brave and bold. And the reason I&#8217;m here is because I believe she would be here. So that&#8217;s my feeling that I believe she would be right here pushing for justice and the reinstatement of people&#8217;s Constitutional rights. And the thing about January 6 is, not only did they kill my child, but they took away my belief and some of the things I held true … about this country, like equitable justice and fairness, and, just some things you hold to be true and are not.
Because now, I now believe, without putting on a tinfoil hat, the corruption goes to the top. I absolutely do. And I believe we&#8217;re in the beginnings of a police state. When you have cameras watching your every move, when you have people tracking your phone, you have the Patriot Act, you have the 702 [<a href="https://www.dailywire.com/news/biden-admin-asks-congress-to-reauthorize-fisa-surveillance-powers" target="_blank" rel="noopener">Section 702</a> of the Foreign Intelligence Surveillance Act]. Now, they need even less permission to infringe on American rights. I think that that&#8217;s a problem.
DW: What do you want to be done now? We&#8217;re almost three years to the day? What would you like to see?
Witthoeft: I think, you know, the release of some of the footage is going to be semi-helpful, but it&#8217;s also slow rolled and watered down and mediocre.
DW: Is that because they&#8217;re blurring the faces or there just isn&#8217;t enough of it? [As part of the<a href="https://www.dailywire.com/news/house-speaker-says-gop-lawmakers-blurred-out-faces-in-j6-tapes-to-prevent-retaliation" target="_blank" rel="noopener"> rolling disclosure by the GOP-led House</a>.]
Witthoeft: They&#8217;re just not releasing enough of it, quick enough. And I don&#8217;t think anybody&#8217;s face should be blurred out. I really don&#8217;t. I think if we&#8217;re gonna hold people accountable, let&#8217;s hold people accountable. And I think that you went in such an unprecedented event where you have so many people charged from the same day for a lot of the same crimes, to have the people that were charged be the ones saying, “Release the video, let&#8217;s see it, let&#8217;s see it,” which we have been doing for three years, and the government is the entity that doesn&#8217;t want it released. I think that should tell us all we need to know, as American citizens, that the government has something to hide. I think that&#8217;s pretty, pretty obvious.
DW: Is there anything else you&#8217;d like to see?
Witthoeft: I would like to see an investigation into the entire day. I want to know who did what &#8230; I think if we&#8217;re gonna hold our American people accountable, we need to hold everybody accountable.
DW: By what mechanism do you think that would need to be done? Because you&#8217;ve had the January 6 Committee. You&#8217;ve had some Republicans do their own counter-investigation.
Witthoeft: Well, that&#8217;s a good question and I wish I had those answers. You know, all I know to do is to continue pounding on doors. To continue contacting your local representatives. To show up to vote even if you don&#8217;t have full faith in the system, to not sit back and wait for Donald Trump to ride in and save the day because he&#8217;s one man. I think American citizens need to be their own heroes, speak up, stand up, say something, run for local offices, and seriously take the pride back in this country that it once used to have.
* * *
The views expressed in this interview are those of the interviewee and not necessarily those of The Daily Wire.
Listen to the <a href="https://www.dailywire.com/podcasts/morning-wire/justice-and-january-6th-family-members-speak-out-saturday-extra" target="_blank" rel="noopener">Morning Wire</a> interview with Micki Witthoeft.

Congressman Matt Gaetz Hosts D.C. Field Hearing On January 6th

Interview With Micki Witthoeft, Mother Of Ashli Babbitt

Biden Administration

interview

January 6 Committee

Readers Pass

Washington D.C.

The family of <a href="https://www.dailywire.com/topic/ashli-babbitt" target="_blank" rel="noopener">Ashli Babbitt</a>, an Air Force veteran who was fatally shot in the U.S. Capitol on January 6, 2021, sued the U.S. government for $30 million on Friday claiming Babbitt was &#8220;ambushed&#8221; by a police officer.
Conservative watchdog group Judicial Watch <a href="https://www.judicialwatch.org/wp-content/uploads/2024/01/Estate-of-Ashli-Babbitt-and-Arron-Babbitt-et-al.-v.-U.S.A-1.pdf" target="_blank" rel="noopener">filed the suit</a> in California federal court on behalf of Babbitt&#8217;s estate and husband, Aaron, who is a resident of San Diego, alleging counts that included assault and battery, negligence, wrongful death and more.
The complaint particularly raises issues with the U.S. Capitol Police and then-Capitol Police Lt. Michael Byrd, the officer who shot Babbitt as she attempted to pass through a broken window of a barricaded lobby door, unarmed, during the breach that disrupted lawmakers certifying Joe Biden&#8217;s presidential victory.
“The only homicide on January 6 was the unlawful shooting death of Ashli Babbitt. Her homicide by Lt. Byrd is a scandal beyond belief. This historic lawsuit seeks a measure of justice and government accountability for Ashli’s wrongful death,” Judicial Watch President Tom Fitton said in a <a href="https://www.judicialwatch.org/wrongful-death-lawsuit-babbitt/" target="_blank" rel="noopener">statement</a>.
“Judicial Watch and our supporters are honored to represent Ashli’s steadfast widower Aaron Babbitt and her estate in this legal action. Ashli was shot in cold blood and the rule of law requires justice for her,&#8221; Fitton added.
Among the assertions made in the complaint was that Byrd was not in uniform during the incident and &#8220;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.&#8221;
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The Department of Justice (DOJ) <a href="https://www.justice.gov/usao-dc/pr/department-justice-closes-investigation-death-ashli-babbitt" target="_blank" rel="noopener">announced</a> in April 2021 that prosecutors would not pursue charges against Byrd for the fatal shooting of Babbitt, who was 35 at the time of her death.
An investigation &#8220;revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber,&#8221; the DOJ said.
Months later, in August 2021, the U.S. Capitol Police said Byrd would <a href="https://www.uscp.gov/media-center/press-releases/uscp-completes-internal-investigation-january-6-officer-involved" target="_blank" rel="noopener">not face internal discipline</a>. In an interview <a href="https://www.nbcnews.com/news/us-news/officer-who-shot-ashli-babbitt-during-capitol-riot-breaks-silence-n1277736" target="_blank" rel="noopener">with NBC News</a> that aired later that month, Byrd revealed his identity and claimed he opened fire as a &#8220;last resort.&#8221;

Ashli Babbitt sign

Ashli Babbitt’s Family Sues U.S. Govt For $30 Million

Ashli Babbitt's Family Sues U.S. Govt For $30 Million

California

Capitol Police

The mother of <a href="https://www.dailywire.com/topic/ashli-babbitt" target="_blank" rel="noopener">Ashli Babbitt</a> says she was &#8220;aggressively&#8221; arrested near the Capitol on Friday, two years after her daughter was fatally shot in the halls of Congress.
Micki Witthoeft <a href="https://www.youtube.com/watch?v=v_EbESkg_C8" target="_blank" rel="noopener">shared her story with Newsmax</a> hours after <a href="https://www.dailywire.com/news/capitol-police-arrest-ashli-babbitts-mother-on-two-year-anniversary-of-riot" target="_blank" rel="noopener">she was detained</a> for allegedly failing to obey an order and obstructing a roadway. Witthoeft said she and others were looking for a place to lay down flowers at the Capitol for her daughter and other &#8220;unarmed American patriots&#8221; in the crowd on January 6, 2021, who died.
On that day two years ago, Babbitt, an Air Force veteran in her mid-30s who was a supporter of former President Donald Trump, entered the U.S. Capitol with a crowd of people, disrupting lawmakers meeting to certify President Joe Biden’s 2020 election victory. <a href="https://www.washingtonpost.com/investigations/2021/01/08/ashli-babbitt-shooting-video-capitol/" target="_blank" rel="noopener">Video shows the moment</a> she was fatally shot by a Capitol Police officer as she climbed through the broken window of a barricaded door near the Speaker&#8217;s Lobby.
The Justice Department <a href="https://www.justice.gov/usao-dc/pr/department-justice-closes-investigation-death-ashli-babbitt" target="_blank" rel="noopener">refused to pursue criminal charges</a> and the Capitol Police <a href="https://www.uscp.gov/media-center/press-releases/uscp-completes-internal-investigation-january-6-officer-involved" target="_blank" rel="noopener">declined to take disciplinary action</a> in connection to the incident against the officer, Lt. Michael Byrd, who claimed to NBC News that <a href="https://www.nbcnews.com/news/us-news/officer-who-shot-ashli-babbitt-during-capitol-riot-breaks-silence-n1277736" target="_blank" rel="noopener">pulling the trigger</a> was a “last resort.”
On Friday, as President Joe Biden awarded medals to a dozen individuals, including police officers who were injured defending the Capitol two years ago, Witthoeft said her group&#8217;s initial plan was to lay flowers on the steps of the Capitol. Witthoeft said people were being let in, but her group &#8220;with our signs and our flags&#8221; were denied entry. As the group walked around to find another spot, Witthoeft said they were limited in where they could walk.
Witthoeft said there were other citizens walking on a sidewalk, but her group was not allowed to &#8220;because we had American flags at the United States Capitol.&#8221; Witthoeft said crossing four lanes of traffic to the other side would have deprived her of honoring Babbitt, and so they walked on the road. This was when the arrest caught on video took place.
Witthoeft said one officer &#8220;aggressively&#8221; detained her. &#8220;He was very aggressive. I put my hands behind my back and that&#8217;s when he started yanking me around,&#8221; she added.
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
BABBITT&#39;S MOTHER SPEAKS OUT: Micki Witthoeft, mother of Ashli Babbitt, speaks out to <a href="https://twitter.com/SchmittNYC?ref_src=twsrc%5Etfw">@SchmittNYC</a> after she herself was arrested by Capitol police on the two-year anniversary of the date of her daughter&#39;s killing. ➡ <a href="https://t.co/QiLDC8cWv4">https://t.co/QiLDC8cWv4</a> <a href="https://t.co/9f01Q4bcjY">pic.twitter.com/9f01Q4bcjY</a>
&mdash; NEWSMAX (@NEWSMAX) <a href="https://twitter.com/NEWSMAX/status/1611537753354964996?ref_src=twsrc%5Etfw">January 7, 2023</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
The Capitol Police released a <a href="https://www.uscp.gov/media-center/press-releases/woman-charged-blocking-and-obstructing-roadways-obey-order" target="_blank" rel="noopener">statement</a> that said a group of demonstrators was &#8220;illegally blocking traffic&#8221; on Independence Avenue, SW, near First Street, SW.
&#8220;The group did not have a permit to demonstrate on Capitol Grounds,&#8221; Capitol Police said. &#8220;Officers established a clear police line to prevent the group from moving further west on Independence Avenue, SW. The officers and officials told the group to get out of the road or the group would be arrested. The sidewalk was open. A woman in the group was given multiple warnings to get out of the road. Instead of getting out of the road, the woman refused to leave, turned around with her hands behind her back, and asked to be arrested.&#8221;
The woman, identified as 58-year-old Witthoeft, was arrested on a charge of blocking and obstructing roadways, as well as for allegedly violating a regulation to obey an order. &#8220;As is typical for this charge, Ms. Witthoeft was processed and released this afternoon after being given a citation to appear in court at a later date,&#8221; the Capitol Police said.
Newsmax host Rob Schmitt, who was interviewing Witthoeft, said Black Lives Matter and climate protesters receive different treatment. He also posited that what happened to Witthoeft and her group &#8220;was political in nature to some extent.&#8221;
The interview ended with Witthoeft talking about how she and others have been holding vigils outside the Washington, D.C., jail where Capitol riot defendants are being held &#8220;unconstitutionally.&#8221; She added that they have been sitting in on the trials and, &#8220;it&#8217;s my opinion that they tried the day on the calendar and not the person to the offense.&#8221;

Micki Witthoeft, the mother of slain J6 participant Ashli Babbitt

Ashli Babbitt’s Mother Speaks Out After Arrest

Ashli Babbitt's Mother Speaks Out After Arrest

General

The mother of <a href="https://www.dailywire.com/topic/ashli-babbitt" target="_blank" rel="noopener">Ashli Babbitt</a> got arrested at a demonstration near the Capitol exactly two years after her daughter was fatally shot during the Capitol riot.
Video footage posted to Twitter showed Babbitt&#8217;s mother, Micki Witthoeft, being escorted by officers into a Capitol Police vehicle on Friday afternoon.
Capitol Police <a href="https://www.uscp.gov/media-center/press-releases/woman-charged-blocking-and-obstructing-roadways-obey-order" target="_blank" rel="noopener">released a statement</a> that said Witthoeft, 58, was arrested on a charge of blocking and obstructing roadways, as well as for allegedly violating a regulation to obey an order.
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Capitol Police said there were a group of demonstrators &#8220;illegally blocking traffic on Independence Avenue, SW, near First Street, SW.&#8221;
The statement added: &#8220;The group did not have a permit to demonstrate on Capitol Grounds. Officers established a clear police line to prevent the group from moving further west on Independence Avenue, SW. The officers and officials told the group to get out of the road or the group would be arrested. The sidewalk was open. A woman in the group was given multiple warnings to get out of the road. Instead of getting out of the road, the woman refused to leave, turned around with her hands behind her back, and asked to be arrested.&#8221;
The statement concluded: &#8220;As is typical for this charge, Ms. Witthoeft was processed and released this afternoon after being given a citation to appear in court at a later date.&#8221;
The demonstration near the Capitol took place on the two-year anniversary of the Capitol riot. Witthoeft was part of a group demonstrating near the Supreme Court in support of people arrested and charged in connection to the riot, per Getty. Witthoeft later told Newsmax that she was arrested while seeking to lay down flowers for the <a href="https://www.nytimes.com/2022/01/05/us/politics/jan-6-capitol-deaths.html" target="_blank" rel="noopener">four people in the January 6 crowd</a>, including her daughter, who died two years ago.
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BABBITT&#39;S MOTHER SPEAKS OUT: Micki Witthoeft, mother of Ashli Babbitt, speaks out to <a href="https://twitter.com/SchmittNYC?ref_src=twsrc%5Etfw">@SchmittNYC</a> after she herself was arrested by Capitol police on the two-year anniversary of the date of her daughter&#39;s killing. ➡ <a href="https://t.co/QiLDC8cWv4">https://t.co/QiLDC8cWv4</a> <a href="https://t.co/9f01Q4bcjY">pic.twitter.com/9f01Q4bcjY</a>
&mdash; NEWSMAX (@NEWSMAX) <a href="https://twitter.com/NEWSMAX/status/1611537753354964996?ref_src=twsrc%5Etfw">January 7, 2023</a></blockquote>
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Democrats marked the anniversary of the riot with President Joe Biden awarding medals to a dozen individuals, <a href="https://abc7.com/citizens-medal-jan-6-president-biden-capitol-insurrection/12660974/" target="_blank" rel="noopener">including police officers</a> who were injured defending the Capitol that day.
Babbitt, an Air Force veteran in her mid-30s who was a supporter of former President Donald Trump, entered the U.S. Capitol with a throng of people on January 6, 2021, disrupting lawmakers meeting to certify Biden&#8217;s 2020 election victory.
A Capitol Police officer shot Babbitt as she tried to make her way through a broken window of a barricaded door near the Speaker&#8217;s Lobby, <a href="https://www.washingtonpost.com/investigations/2021/01/08/ashli-babbitt-shooting-video-capitol/" target="_blank" rel="noopener">as shown in video clips</a>. She later died at a nearby hospital from her injuries, <a href="https://www.justice.gov/usao-dc/pr/department-justice-closes-investigation-death-ashli-babbitt" target="_blank" rel="noopener">according to authorities</a>.
After the Justice Department <a href="https://www.justice.gov/usao-dc/pr/department-justice-closes-investigation-death-ashli-babbitt" target="_blank" rel="noopener">refused to pursue criminal charges</a> and the Capitol Police <a href="https://www.uscp.gov/media-center/press-releases/uscp-completes-internal-investigation-january-6-officer-involved" target="_blank" rel="noopener">declined to take disciplinary action</a> in connection to the incident, Lt. Michael Byrd revealed himself as the officer who shot Babbitt.
“I know that day I saved countless lives,” Byrd said in an <a href="https://www.nbcnews.com/news/us-news/officer-who-shot-ashli-babbitt-during-capitol-riot-breaks-silence-n1277736" target="_blank" rel="noopener">interview with NBC News</a>. “I know members of Congress, as well as my fellow officers and staff, were in jeopardy and in serious danger. And that’s my job.” He told the news outlet that pulling the trigger was a &#8220;last resort.&#8221;
Though Babbitt&#8217;s family in San Diego, California, were said to sue the Capitol Police for $10 million, <a href="https://www.cbs8.com/article/news/local/ashli-babbitt-wrongful-death-lawsuit-not-filed/509-75117a93-aabf-4723-a755-e34bc90ba2dd" target="_blank" rel="noopener">CBS 8 reported in June 2022</a> that they had yet to file a wrongful death lawsuit.
Babbitt&#8217;s widower, Aaron Babbitt, <a href="https://www.dailymail.co.uk/news/article-10381601/Ashli-Babbitts-husband-says-alive-attended-Capitol-Riot-her.html" target="_blank" rel="noopener">told TMZ early last year</a> he believed Ashli Babbitt would not have entered the Capitol if he flew to Washington, D.C., with her.
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Micki Witthoeft, mother of Ashli Babbitt

Capitol Police Arrest Ashli Babbitt’s Mother On Two-Year Anniversary Of Riot

Capitol Police Arrest Ashli Babbitt's Mother On Two-Year Anniversary Of Riot

The Associated Press this week ran a 49-paragraph story some online have likened to a &#8220;smear&#8221; piece on Ashli Babbitt, a 35-year-old U.S. military veteran who was fatally shot by police in the Capitol during the January 6 riot.
&#8220;Ex-President Donald Trump and his supporters have sought to portray Ashli Babbitt as a righteous martyr. But the life of the Air Force veteran from California was more complicated than the heroic portrait presented by Trump and his allies,&#8221; AP reporter Michael Biesecker captioned his story on Babbitt.
The piece outlines, in painstaking fashion, an account from a woman who claims Babbitt harassed her and had an affair with her boyfriend. Babbitt was hit with criminal charges from slamming into the woman&#8217;s SUV. Readers only find out that the criminal charges were dropped against Babbitt, who claimed the crash was an accident, about three-quarters of the way into the piece; here&#8217;s the sum of that clarification: &#8220;A judge acquitted Babbitt on the criminal charges.&#8221;
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Ex-President Donald Trump and his supporters have sought to portray Ashli Babbitt as a righteous martyr. But the life of the Air Force veteran from California was more complicated than the heroic portrait presented by Trump and his allies.
My latest <a href="https://twitter.com/AP?ref_src=twsrc%5Etfw">@AP</a>: <a href="https://t.co/Sly7HyPrjj">https://t.co/Sly7HyPrjj</a>
&mdash; Michael Biesecker (@NewsDudeAP) <a href="https://twitter.com/NewsDudeAP/status/1477908312670846980?ref_src=twsrc%5Etfw">January 3, 2022</a></blockquote>
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Reporters and politicos online were quick to highlight the obvious media double-standard when covering unarmed fatalities with police involvement.
&#8220;This [Associated Press] article about <a class="css-4rbku5 css-18t94o4 css-901oao css-16my406 r-1cvl2hr r-1loqt21 r-poiln3 r-bcqeeo r-qvutc0" role="link" href="https://twitter.com/hashtag/AshliBabbitt?src=hashtag_click">#AshliBabbitt</a>, a rioter killed by Capitol police on Jan. 6, is a remarkable act of victim-blaming,&#8221; posted Nick Gillespie. &#8220;Babbitt is neither a martyr nor a sinner and her messy personal life shouldn&#8217;t be used to imply she got what was coming.&#8221;
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This <a href="https://twitter.com/AP?ref_src=twsrc%5Etfw">@AP</a> article about <a href="https://twitter.com/hashtag/AshliBabbitt?src=hash&amp;ref_src=twsrc%5Etfw">#AshliBabbitt</a>, a rioter killed by Capitol police on Jan. 6, is a remarkable act of victim-blaming. Babbitt is neither a martyr nor a sinner and her messy personal life shouldn&#39;t be used to imply she got what was coming. <a href="https://t.co/Lu1SiBMKpL">https://t.co/Lu1SiBMKpL</a>
&mdash; Nick Gillespie (@nickgillespie) <a href="https://twitter.com/nickgillespie/status/1478016579434688518?ref_src=twsrc%5Etfw">January 3, 2022</a></blockquote>
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&#8220;There is a reason the regime will smear Ashli Babbitt over her &#8216;past&#8217; and promotes George Floyd as a martyr of excessive force,&#8221; Jack Posobiec wrote.
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There is a reason the regime will smear Ashli Babbitt over her &#8216;past&#8217; and promotes George Floyd as a martyr of excessive force
— Jack Posobiec (@JackPosobiec) <a href="https://twitter.com/JackPosobiec/status/1478037602217467908?ref_src=twsrc%5Etfw">January 3, 2022</a></blockquote>
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&#8220;Liberals get enraged when news outlets dig up dirt on the past of unarmed victims of police shootings in order to show they were &#8216;no angels&#8217;: i.e. to justify the shooting,&#8221; highlighted Glenn Greenwald. &#8220;Apparently it&#8217;s OK sometimes: here&#8217;s HuffPost on how Ashli Babbitt was no angel.&#8221;
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Liberals get enraged when news outlets dig up dirt on the past of unarmed victims of police shootings in order to show they were &#8220;no angels&#8221;: i.e. to justify the shooting.
Apparently it&#8217;s OK sometimes: here&#8217;s HuffPost on how Ashli Babbitt was no angel:<a href="https://t.co/S88SyDthiw">https://t.co/S88SyDthiw</a>
— Glenn Greenwald (@ggreenwald) <a href="https://twitter.com/ggreenwald/status/1478084512701722627?ref_src=twsrc%5Etfw">January 3, 2022</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>&#8220;Why is the media obsessed with smearing Ashli Babbitt’s name almost a year after her passing?&#8221; questioned Brigitte Gabriel.
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Why is the media obsessed with smearing Ashli Babbitt’s name almost a year after her passing?
— Brigitte Gabriel (@ACTBrigitte) <a href="https://twitter.com/ACTBrigitte/status/1478090826366476292?ref_src=twsrc%5Etfw">January 3, 2022</a></blockquote>
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Notably, the officer who fatally shot Babbitt, who stood at 5 feet, 2 inches, <a href="https://www.cbsnews.com/news/ashli-babbitt-investigation-no-charges-for-officer/">never had any charges brought against him</a>. When the AP covered the death of <a href="https://apnews.com/article/virus-outbreak-us-news-ap-top-news-hip-hop-and-rap-houston-a55d2662f200ead0da4fed9e923b60a7">George Floyd</a>, the outlet ran a 55 paragraph story underscoring Floyd&#8217;s upbringing in poverty, his athletic talent, and how much he was beloved in his hometown. The AP notedly glossed over Floyd&#8217;s lengthy rap sheet &#8212; which totaled five sentences:
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Between 1997 and 2005, Floyd was arrested several times on drug and theft charges, spending months in jail. &#8230; In August 2007, Floyd was arrested and charged with aggravated robbery with a deadly weapon. Investigators said he and five other men barged into a woman’s apartment, and Floyd pushed a pistol into her abdomen before searching for items to steal. Floyd pleaded guilty in 2009 and was sentenced to five years in prison. By the time he was paroled, in January 2013, he was nearing 40.
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The AP coverage on Floyd&#8217;s &#8220;complicated life&#8221; opened with the following anecdote:
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Years before a bystander’s video of George Floyd’s last moments turned his name into a global cry for justice, Floyd trained a camera on himself.
“I just want to speak to you all real quick,” Floyd says in one video, addressing the young men in his neighborhood who looked up to him. His 6-foot-7 frame crowds the picture.
“I’ve got my shortcomings and my flaws and I ain’t better than nobody else,” he says. “But, man, the shootings that’s going on, I don’t care what ’hood you’re from, where you’re at, man. I love you and God loves you. Put them guns down.”
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Here&#8217;s how Babbitt&#8217;s &#8220;complex&#8221; story opened:
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The first time Celeste Norris laid eyes on Ashli Babbitt, the future insurrectionist had just rammed her vehicle three times with an SUV and was pounding on the window, challenging her to a fight.
Norris says the bad blood between them began in 2015, when Babbitt engaged in a monthslong extramarital affair with Norris’ longtime live-in boyfriend. When she learned of the relationship, Norris called Babbitt’s husband and told him she was cheating.
“She pulls up yelling and screaming,” Norris said in an exclusive interview with The Associated Press, recounting the July 29, 2016, road-rage incident in Prince Frederick, Maryland. “It took me a good 30 seconds to figure out who she was. … Just all sorts of expletives, telling me to get out of the car, that she was going to beat my ass.”
Terrified and confused, Norris dialed 911 and waited for law enforcement. Babbitt was later charged with numerous misdemeanors.
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ashli babbitt

‘Remarkable Act Of Victim-Blaming’: AP Slammed For Running ‘Smear’ Piece On Ashli Babbitt. That’s Not What They Did For George Floyd.

George Floyd

Police Lieutenant Michael Byrd, a 28-year veteran of the U.S. Capitol Police Department, has publicly come forward as the man who fatally shot Ashli Babbitt, the election certification protester who was killed after trying to enter the Speaker’s Lobby during the January 6 riot. 
During an interview, which aired late Thursday, Byrd told <a href="https://www.nbcnews.com/news/us-news/officer-who-shot-ashli-babbitt-during-capitol-riot-breaks-silence-n1277736">NBC News</a> that it was his job to protect the lawmakers and staff in the area — of whom there were about 60 to 80 people — and that he believes that he made the right decision. 
“I followed my training, and I spent countless years preparing for such a moment. You ultimately hope that moment never occurs, but you prepare as best you can. I know that day I saved countless lives,” said Byrd. “I know members of Congress, as well as my fellow officers and staff, were in jeopardy and in serious danger, and that&#8217;s my job.&#8221;
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NOW: Join us on <a href="https://twitter.com/NBCNightlyNews?ref_src=twsrc%5Etfw">@NBCNightlyNews</a> for <a href="https://twitter.com/LesterHoltNBC?ref_src=twsrc%5Etfw">@LesterHoltNBC</a>&#8216;s exclusive interview with Lieutenant Michael Byrd — the U.S. Capitol Police officer who shot and killed Ashli Babbitt while defending the U.S. House chamber during the Capitol attack. <a href="https://t.co/mgub2ZcYdQ">pic.twitter.com/mgub2ZcYdQ</a>
— NBC Nightly News with Lester Holt (@NBCNightlyNews) <a href="https://twitter.com/NBCNightlyNews/status/1431024048008482819?ref_src=twsrc%5Etfw">August 26, 2021</a></blockquote>
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During the riot, said Byrd, his police radio provided updates about the developing situation. One update said officers were down, and another said that there were shots fired — although he later said he learned that the shots fired update wasn’t true. These updates, he said, were his only glimpse into what was happening elsewhere. “It was literally broadcast over the air,” Byrd recalled.“I said, ‘OK, this is getting serious.’”
The doorway was barricaded with furniture, and Byrd, tasked with protecting lawmakers, says he was “essentially trapped” in place along with everyone else, without any way to retreat, reported NBC News. 
The crowd later approached the barricade. Byrd told NBC News that he couldn’t get an accurate count of how many people were on the other side there because of it, and had repeatedly told the crowd to get back. When Byrd saw another person — later identified as 35-year-old Ashli Babbitt — starting to come through the glass, he fired his gun. He said he was unaware that she was unarmed, and also didn&#8217;t know there were, at one point, officers on the other side of the barricade. 
“I tried to wait as long as I could,” said Byrd. “I hoped and prayed no one tried to enter through those doors. But their failure to comply required me to take the appropriate action to save the lives of members of Congress and myself and my fellow officers.”
Earlier this year, the Department of Justice closed the investigation into Byrd, and more recently, the U.S. Capitol Police determined that his actions were within department policy and that he would not face discipline.
&#8220;USCP&#8217;s Office of Professional Responsibility (OPR) determined the officer&#8217;s conduct was lawful and within Department policy, which says an officer may use deadly force only when the officer reasonably believes that action is in the defense of human life, including the officer&#8217;s own life, or in the defense of any person in immediate danger of serious physical injury,&#8221; <a href="https://www.uscp.gov/media-center/press-releases/uscp-completes-internal-investigation-january-6-officer-involved">said</a> the department.
The Department of Justice said in a <a href="https://www.justice.gov/usao-dc/pr/department-justice-closes-investigation-death-ashli-babbitt">statement</a>, back in April, that it had found &#8220;no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber.&#8221;
Byrd denied that there were any other motivations behind the shooting and told NBC News that he has also protected former President Donald Trump in the past. “If he was in the Capitol and I was responsible for him, I’d do the same thing for him and his family,&#8221; said Byrd.
He told NBC News that he has decided to speak out in the hopes that people will understand that he did his job. “There was imminent threat and danger to the members of Congress. I just want the truth to be told,&#8221; he said.

Coronavirus Pandemic 2021 – US Capitol Damaged

Officer Who Shot Ashli Babbitt Comes Forward: ‘I Saved Countless Lives,’ ‘Followed My Training’

The law enforcement official who shot Ashli Babbitt, the election certification protester who tried to enter the Speaker’s Lobby of the U.S. Capitol during the January 6 riot, will speak publicly for the first time in an NBC News interview late airing late Thursday. 
Babbitt, 35, was fatally shot during the Capitol Hill unrest, and until now, the U.S. Capitol Police Officer who shot her has not been publicly identified. But the officer’s identity will be revealed during the Thursday interview, according to an announcement from NBC News. 
“Speaking out and revealing his identity publicly for the first time, the officer will share his perspective on the events of that day, including the aftermath of the deadly insurrection and the threats he has received,” reads the NBC News press release. 
“He will also discuss the recent news that Capitol Police will not discipline him following an internal review, exonerating him for use of force, as first reported by NBC News,&#8221; it continues. 
<blockquote class="twitter-tweet">
TOMORROW: <a href="https://twitter.com/LesterHoltNBC?ref_src=twsrc%5Etfw">@LesterHoltNBC</a> sits down in an exclusive interview with the U.S. Capitol Police officer responsible for shooting and killing Ashli Babbitt while defending the U.S. House chamber during the January 6, 2021 Capitol attack.
Tune in at 6:30 pm ET / 5:30 pm CT. <a href="https://t.co/NHhG5Z8ZpA">pic.twitter.com/NHhG5Z8ZpA</a>
— NBC Nightly News with Lester Holt (@NBCNightlyNews) <a href="https://twitter.com/NBCNightlyNews/status/1430590805476093953?ref_src=twsrc%5Etfw">August 25, 2021</a></blockquote>
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The interview will air during NBC Nightly News at 6:30 p.m. eastern standard time and comes after an internal investigation exonerated the officer. The Department of Justice, similarly, announced back in April that they were closing their investigation into the officer who shot Babbitt. 
“Officials examined video footage posted on social media, statements from the officer involved and other officers and witnesses to the events, physical evidence from the scene of the shooting, and the results of an autopsy,” the Justice Department said in an April 14 press release on its decision. “Based on that investigation, officials determined that there is insufficient evidence to support a criminal prosecution.”
Last week, in a statement to NBC News, an attorney for the officer said he showed bravery in &#8220;organizing and coordinating the defense of the House and its members and staff was nothing short of heroic.&#8221;
&#8220;The Lieutenant’s conduct saved lives and helped to end the violent insurrection,&#8221; said the attorney.

Capitol Police Officer Who Shot Ashli Babbitt To Speak Out In Interview

NBC News

The Capitol Police officer who shot protester Ashi Babbitt was found to be acting &#8220;lawfully&#8221; and &#8220;in line with department policy&#8221; and will not face internal sanctions, the Capitol Police said Monday.
<a href="https://www.dailywire.com/news/capitol-police-officer-who-shot-ashli-babbitt-exonerated-after-internal-investigation-report">The Daily Wire reported Friday</a> that the officer who shot Babbitt as she entered the Capitol Speaker&#8217;s Lobby through a broken window was &#8220;formally exonerated after the Capitol Police conducted an internal investigation, according to an internal document.&#8221;
The internal Capitol Police investigation represented the last such open investigation into the circumstances surrounding the 35-year-old Trump supporter&#8217;s death. A memo on the matter, obtained by NBC News, said that “no further action will be taken in this matter,&#8221; meaning that the officer &#8212; who will not be named &#8212; will not face discipline.
The Capitol Police unveiled the report itself on Monday. Officials &#8220;said they had interviewed multiple witnesses and reviewed video and radio calls as part of the months-long probe,&#8221; <a href="https://www.dailymail.co.uk/news/article-9919695/Cop-killed-Ashli-Babbitt-acting-lawfully-Department-policy.html">according to the Daily Mail</a>.
&#8220;USCP’s Office of Professional Responsibility (OPR) determined the officer’s conduct was lawful and within Department policy, which says an officer may use deadly force only when the officer reasonably believes that action is in the defense of human life, including the officer’s own life, or in the defense of any person in immediate danger of serious physical injury,&#8221; read a statement from the Capitol Police.
The Capitol Police investigator also said that the officer who shot Ashli Babbitt may have &#8220;saved Members&#8217; lives,&#8221; referring to the Members of Congress who locked down inside the Capitol building after protesters interrupted a vote to certify the results of the Electoral College.
&#8220;Officials said the cop, who is not being named out of concerns for his safety due to threats, &#8216;potentially saved Members [of Congress] and staff from serious injury and possible death from a large crowd of rioters who forced their way into the U.S. Capitol and to the House Chamber where Members and staff were steps away,&#8221; the Daily Mail noted.
A Department of Justice investigation, which concluded earlier this year, reached similar results. Babbitt&#8217;s family said earlier this month that they plan to file a $10 million wrongful death lawsuit against the Capitol Police, under the theory that the officer did not issue any verbal commands to Babbitt and others before he opened fire. A lawyer for the officer told RealClearInvestigations, &#8220;It’s a false narrative that he issued no verbal commands or warnings. He was screaming, &#8216;Stay back! Stay back! Don’t come in here!'&#8221;
&#8220;Lethal force is appropriate if the situation puts you or others in fear of imminent bodily harm. There should be a training video on how he handled that situation. What he did was unbelievable heroism,&#8221; the attorney told RCI.
Babbitt was the only protester who died during the January 6th riot at the U.S. Capitol. A shocking video, which went viral, showed Babbitt as part of a group that tried to enter the locked Speaker&#8217;s Lobby on the House side of the building. Babbitt appears, in the video, to have been shot through a window. She was evacuated from the Capitol and taken to a nearby hospital where she died from her wounds.

Rioters clash with police trying to enter Capitol building

Cop Who Shot Ashli Babbitt Acted ‘Lawfully,’ ‘Saved Members From Possible Death,’ Capitol Police Says

The Capitol police officer who shot Ashli Babbitt during the Capitol riot on January 6 has reportedly been formally exonerated after the Capitol Police conducted an internal investigation, according to an internal document.
A memo from the commander of the Capitol Police’s Office of Personal Responsibility obtained by NBC News says that “no further action will be taken in this matter” after the officer was exonerated for his use of force, the outlet <a href="https://www.nbcnews.com/politics/politics-news/capitol-police-officer-who-shot-ashli-babbitt-exonerated-internal-probe-n1277336">reported</a>.
There are now no remaining open investigations into Babbitt&#8217;s shooting.
In April, the Justice Department <a href="https://www.justice.gov/usao-dc/pr/department-justice-closes-investigation-death-ashli-babbitt">announced</a> that it would not pursue criminal charges against the officer, saying that it did not find that the officer had violated any federal laws. The officer&#8217;s name has not been made public.
&#8220;Officials examined video footage posted on social media, statements from the officer involved and other officers and witnesses to the events, physical evidence from the scene of the shooting, and the results of an autopsy,&#8221; the Justice Department said in an April 14 press release on its decision. &#8220;Based on that investigation, officials determined that there is insufficient evidence to support a criminal prosecution.&#8221;
Video of the incident showed Babbitt, 35, at the front of a crowd of Trump supporters inside the Capitol near a door leading to the Speaker’s Lobby just outside the House. On the other side, members of Congress were being evacuated. Babbitt is seen being hoisted up by a pair of men to a broken window, at which point the police officer in plain clothes fires one bullet in her direction, and she falls backward and starts bleeding. Babbitt was transported to a hospital, where she died later.
Babbitt was an Air Force veteran who served several Middle East tours between 2004 and 2016, including to Afghanistan in 2005 and Iraq in 2006, Air Force records <a href="https://www.airforcetimes.com/news/your-air-force/2021/01/07/woman-shot-and-killed-at-capitol-was-security-forces-airman-qanon-adherent/">show</a>. She had been decorated with multiple awards. At the time of her death, she and her husband ran a pool service and supply business.
From San Diego, Babbitt had traveled to Washington, D.C., to protest former President Donald Trump&#8217;s election loss. Her social media activity showcased her strong support for Trump and suggested her adherence to the QAnon conspiracy theory.
Hundreds of Trump supporters stunned the nation when they forced their way into the Capitol building on January 6, just as a joint session of Congress convened to certify the results of the presidential election. In the months since, more than 500 defendants have been arrested in connection with the Capitol riot.
Many of the cases <a href="https://www.dailywire.com/news/terrorism-homicide-prosecutors-brought-in-to-try-capitol-riot-defendants-for-crimes-like-trespassing">follow</a> a cookie-cutter pattern involving some combination of trespassing and disorderly conduct charges, as well as “Parading, Demonstrating, or Picketing in a Capitol Building.”
Last month, prosecutors <a href="https://www.cbsnews.com/news/us-capitol-riot-arrests-latest/">said</a> they are still looking to identify hundreds more alleged riot participants. Meanwhile, the U.S. Attorney for Washington, D.C., has called in prosecutors from around the country to try cases against Capitol riot defendants.
Babbitt&#8217;s family is <a href="https://www.washingtonexaminer.com/news/ashli-babbitt-family-lawyer-officer-killed-ambush-warning">planning</a> to file a $10 million wrongful death lawsuit.

Capitol Police Officer Who Shot Ashli Babbitt Exonerated After Internal Investigation: Report

The husband of Ashli Babbitt said Monday night on Fox News&#8217; &#8220;Tucker Carlson Tonight&#8221; that there&#8217;s been a &#8220;deafening silence&#8221; from the Metropolitan Police Department concerning the identity of the officer who fatally shot his wife on Jan. 6.
&#8220;Somebody in D.C. knows,&#8221; <a href="https://news.yahoo.com/ashli-babbitt-husband-goes-fox-142926007.html">said</a> Aaron Babbitt. &#8220;I think a lot of people know, but nobody is telling us. And the silence is deafening.”
Terry Roberts, an attorney representing the Babbitt family in a lawsuit against Capitol Police, told Carlson that he believes the officer who fatally shot Babbitt was the same man who allegedly left his loaded firearm in a public bathroom.
Carlson asked Mr. Roberts about reports online that suggest the officer who shot Babbit &#8220;was the same officer who left his loaded handgun in a public men&#8217;s room on the Capitol.&#8221;
&#8220;Do you believe that is the same officer &#8212; who seems like a very reckless person &#8212; who shot and killed Ashli Babbitt on January 6?&#8221;
&#8220;That&#8217;s my belief,&#8221; Roberts responded. &#8220;That&#8217;s my belief.&#8221;
Babbit, 35, was unarmed when she was shot on Jan. 6 by Capitol Police during the breach of the Capitol. She died of a gunshot wound to the left shoulder, according to the D.C. Medical Examiner’s office.
The Department of Justice announced in April that the officer who fatally shot Babbitt will not be charged with her death.
Notably, the identity of the officer has never been revealed &#8212; not to the public and not privately to Babbitt&#8217;s family.
In April, Roberts <a href="https://rumble.com/vg43bn-attorney-for-family-of-ashli-babbit-announces-family-will-file-civil-charge.html">told</a> Newsmax that Babbitt has not received justice due to the politics of the case and her open support for former President Donald Trump. The attorney will be pursuing a civil action on behalf of the family alleging a violation of Babbitt’s constitutional rights, he said.
“I’m handling the civil action that will be filed, that’s my role,” the attorney said. “The family and I were disappointed in the Department of Justice’s decision on this, but my role is, really, to bring a civil action and in that way, vindicate her rights.”
“We think the evidence is ample and supports criminal charges against the officer,” Roberts argued, claiming the officer could see Babbitt was not armed and offered her no warning.
“This is a situation in which the officer could have easily arrested her, if he had grounds to arrest her, without using deadly force,” he said. “So, this was an egregious act of excessive force and he should have been charged.”
What “disturbs most people” about Babbitt’s case, Roberts told Newsmax, “is that there’s a double standard at work.”
“If you were to change the circumstances, change the location a little bit, it’s a certainty that there would be charges,” he argued. “Obviously, the political climate is such that charges are not favored here. It really bothers us that there is a double standard at work.”
Asked if the family believes that “politics” is a factor in the case, noting that Babbitt was a Trump supporter, Roberts responded, “Clearly, that has everything to do with it, unfortunately. It shouldn’t.”
WATCH:
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Asked by Fox host Tucker Carlson, Terrell Roberts, attorney for family of Ashli Babbitt, said it is his belief that the Capitol Police officer who fatally shot Babbitt on Jan. 6 is the same person who left a loaded handgun in a public men&#39;s restroom at the Capitol. <a href="https://t.co/pzw8oFdvRy">pic.twitter.com/pzw8oFdvRy</a>
&mdash; Daniel Chaitin (@danielchaitin7) <a href="https://twitter.com/danielchaitin7/status/1404601880186179585?ref_src=twsrc%5Etfw">June 15, 2021</a></blockquote>
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Related: <a href="https://www.dailywire.com/news/ashli-babbitt-lawyer-talks-plans-to-sue-capitol-police-a-double-standard-at-work-politics-has-everything-to-do-with-it">Ashli Babbitt Lawyer Talks Plans To Sue Capitol Police: ‘A Double Standard At Work,’ Politics Has ‘Everything To Do With It’</a>
Related: <a href="https://www.dailywire.com/news/officials-wont-seek-charges-against-capitol-officer-for-ashli-babbitt-shooting">Officials Won’t Seek Charges Against Capitol Officer For Ashli Babbitt Shooting</a>
Related: <a href="https://www.dailywire.com/news/ashli-babbitt-was-killed-by-capitol-police-on-january-6-they-still-wont-tell-us-who-did-it-or-why">WALSH: Ashli Babbitt Was Killed By Capitol Police On January 6. They Still Won’t Tell Us Who Did It Or Why.</a>

Washington DC Tense After U.S. Capitol Is Stormed By Protestors

WATCH: Ashli Babbitt Husband, Attorney Discuss Alleged Identity Of Officer, ‘Deafening Silence’ From Authorities

&#8220;U.S. authorities&#8221; have seized approximately $90,000 from Utah man, John Earle Sullivan, who filmed Ashli Babbitt&#8217;s death inside the United States Capitol on January 6th, <a href="https://www.reuters.com/world/us/us-seizes-90000-man-who-sold-footage-us-capitol-riot-2021-05-21/">per Reuters</a>.
Babbitt and several others were allegedly attempting to break into the Speaker&#8217;s Lobby after breaching U.S. Capitol security when she was shot by a Capitol Police officer. Babbitt, an Air Force veteran, later died of her wounds. Last month, federal prosecutors &#8220;determined that there was insufficient evidence to prove Babbitt’s civil rights were violated and that it was reasonable for the officer to believe he was firing in self-defense or in defense of members of Congress and aides who were fleeing the House chamber,&#8221;<a href="https://www.washingtonpost.com/local/public-safety/ashli-babbitt-capitol-police-shooting/2021/04/14/452fb414-666a-11eb-886d-5264d4ceb46d_story.html"> according to The Washington Post</a>.
Sullivan, however, is facing eight charges associated with the riots at the United States Capitol, and prosecutors have seized the money he made selling graphic footage of the incident that led to Babbitt&#8217;s death to several news organizations.
&#8220;According to the court filings, Sullivan portrayed himself as an independent journalist who was reporting on the chaos, but actually encouraged other participants to &#8216;burn&#8217; the building and engage in violence,&#8221; Reuters reported Sunday. <a href="https://www.newsweek.com/us-seizes-90k-capitol-rioter-earned-selling-footage-police-shooting-ashli-babbitt-1593946">According to Newsweek</a>, Sullivan did not have any current media credentials, though he claimed in other videos, posted from the U.S. Capitol that day, that &#8220;was not there to be a participant. I was there to record.&#8221;
&#8220;Sullivan recorded video of the confrontation between rioters and police just outside the U.S. House of Representatives chamber that included the shooting of protester Ashli Babbitt and, according to court filings, boasted to an unnamed witness that &#8216;my footage is worth like a million of dollars, millions of dollars,'&#8221; the outlet continued.
Filings show the footage was worth approximately $90,000 to several news outlets, including The Washington Post and NBC News.
&#8220;Multiple cellphone videos captured the shooting as it unfolded on the afternoon of Jan. 6. Babbitt and a group of other rioters made their way inside the Capitol to barricaded doors leading to the Speaker’s Lobby, which is the hallway outside the House chamber where some lawmakers were sheltering during the siege,'&#8221; <a href="https://www.washingtonpost.com/local/public-safety/ashli-babbitt-capitol-police-shooting/2021/04/14/452fb414-666a-11eb-886d-5264d4ceb46d_story.html">The Washington Post reported at the time</a>, though it did not cite Sullivan&#8217;s video specifically. Videos show the group pummeling the wood-and-glass doors with a helmet, feet, and a flagpole. A Capitol Police officer in a suit and a surgical mask is seen standing in a doorway on the far side of the doors with his gun drawn&#8221;
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&#8220;The officer opened fire as Babbitt, who was wearing a Trump flag like a cape, attempted to crawl through one of the broken panes of the Speaker’s Lobby doors, video shows. Babbitt, who was hit in the shoulder, tumbled backward onto the floor,&#8221; the Post added.
Reuters noted Sunday that the number of people charged for participating in the January 6th riots is now up to 440, and the government is still seeking information on several individuals they believe took part in the riot.

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