Judicial Watch Announces $4.975 Million Settlement of Ashli Babbitt Wrongful Death Lawsuit with U.S. Government

(Washington, DC) – Judicial Watch announced a $4.975 million settlement today in the wrongful death lawsuit against the U.S. Government filed on behalf of the family of Ashli Babbitt, the U.S. Air Force veteran who was shot and killed inside the U.S. Capitol by then-Capitol Police Lt. Michael Byrd on January 6, 2021. Ashli Babbitt was the only January 6 homicide victim.

“This fair settlement is a historic and necessary step for justice for Ashli Babbitt’s family. Ashli should never have been killed, and this settlement destroys the evil, partisan narrative that justified her outrageous killing and protected her killer,” said Judicial Watch President Tom Fitton. “Judicial Watch’s team spent years investigating, litigating, and exposing the truth about Ashli’s homicide. And credit goes to the hundreds of thousands of Judicial Watch supporters who fought this cause! President Trump was an absolute rock in supporting Ashli’s family and advocating for justice!”

Babbitt, 35, 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 near the White House.

The wrongful death lawsuit was filed in San Diego, California, Ashli’s home venue, on January 5, 2024, against the U.S. Government on behalf of the family of Ashli Babbitt and transferred to the District of Columbia over objection (Estate of Ashli Babbitt and Aaron Babbitt, et al. v. United States of America (No. 1:24-cv-01701 (formerly 3:24-cv-00033)). In settling the lawsuit, the parties signed a “Stipulation for Compromise Settlement and Release:”

to settle and compromise each and every claim of any kind, whether known or unknown, including claims for wrongful death, arising directly or indirectly from the acts or omissions that gave rise to the above-captioned action under the terms and conditions set forth in this Stipulation.

This Stipulation is not and should not be construed as, an admission of liability or fault on the part of the United States, its agents, servants, or employees, and it is specifically denied that they are liable to Plaintiffs. This settlement is entered into by all parties for the purpose of compromising disputed claims under the Federal Tort Claims Act and avoiding the expenses and risks of further litigation.

In consideration for the Plaintiffs’ agreement to accept the terms and conditions of this settlement, the United States agrees to pay Plaintiffs the amount of Four Million, Nine Hundred and Seventy-Five Thousand Dollars ($4,975,000.00)…

The lawsuit included claims against the U.S. Government for wrongful death, assault and battery, and various negligence claims.

As the Babbitt family alleged in its lawsuit:

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.

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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 alleged:

Lt. Byrd, who is a (U.S. 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 lawsuit had been set for trial in 2026.

Judicial Watch has been pursuing five lawsuits to secure transparency regarding Babbit’s death and other government activities on January 6.

In January 2023, documents from the Department of the Air Force, Joint Base Andrews, MD, showed Byrd was housed at taxpayer expense at Joint Base Andrews after he shot and killed 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 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, Byrd.

In October 2021, Judicial Watch uncovered records from the DC Metropolitan Police about the shooting death of Babbitt. The new records include the January 6, 2021, Metro PD Death Report for Babbitt (identified as Ashli Elizabeth McEntee-Babbitt Pamatian). The investigators note that the possible Manner of Death was “Homicide [Police Involved Shooting].”

 

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Source: https://www.judicialwatch.org/4-975-million-settlement-of-ashli-babbitt/