The U.S. Department of Justice, led by Attorney General Pam Bondi, has reached a tentative settlement with the family of Ashli Babbitt—the Air Force veteran who was fatally shot by Capitol Police during the January 6 Capitol riot.
The announcement was made during an emergency court hearing on Friday, according to CBS News. Government attorney Joseph Gonzalez and Robert Sticht, representing Babbitt’s husband Aaron, confirmed that a confidential agreement had been reached. The settlement comes in response to a $30 million lawsuit filed by Judicial Watch on behalf of Babbitt’s estate.
The lawsuit argued that Babbitt was unarmed with her hands visible when she was shot by Lt. Michael Byrd while attempting to enter the Speaker’s Lobby near the House chamber. Her legal team claimed she posed no immediate threat and that her death was unjustified.
Initial reports of the settlement were shared by Politico journalist Kyle Cheney. A former attorney for the Babbitt family stated a national reporter had contacted him about the agreement before it became public.
The Justice Department, under the Biden administration, previously backed Byrd’s use of force. Officials said Babbitt had unlawfully entered the Capitol, approached a barricaded area outside the House chamber, and was trying to climb through a broken window when Byrd, stationed on the other side, fired a fatal shot. She was wearing a backpack at the time.
The DOJ closed its investigation into Byrd in April 2021 without filing charges. However, reports later revealed Byrd had a disciplinary record, including a failed gun qualification, a 33-day suspension for losing a weapon, and an earlier incident involving firearm use outside his home.
In a recent court development, U.S. District Judge Ana C. Reyes allowed the lawsuit to proceed on four key counts: wrongful death, negligence, assault, and battery. The judge also opened the door to moving the trial to San Diego, where Babbitt’s husband lives, instead of Washington, D.C., where most January 6-related cases have been handled.
Judicial Watch President Tom Fitton described the settlement as a significant step forward for the family, who believe Babbitt’s death was both wrongful and avoidable.
Ashli Babbitt, a decorated Air Force veteran, traveled to D.C. to attend the January 6 “Save America” rally. According to the Washington Examiner, she had no ties to any extremist groups or protest organizations. The lawsuit argues that Lt. Byrd failed to follow proper procedure and gave no warning before pulling the trigger.