Insights

A federal judge has mandated the Justice Department to respond to a $30 million wrongful death lawsuit filed on behalf of Ashli Babbitt, who was fatally shot during the January 6 Capitol riots. U.S. District Court Judge Ana C. Reyes has given the government a month to address four of the seven counts in the lawsuit, which include wrongful death, negligence, and assault and battery claims against former U.S. Capitol Police Lt. Michael Byrd. The case, initiated by Babbitt’s estate and the watchdog group Judicial Watch, has been allowed to proceed, with the possibility of a trial location change to San Diego, where Babbitt’s husband resides. Judicial Watch President Tom Fitton expressed satisfaction with the progress of the lawsuit, emphasizing the family's relief that the case is advancing. The lawsuit alleges that Babbitt's death was unjustified and blames Byrd for inadequate training and failure to follow safety protocols. Video evidence from the incident shows protesters breaching the Speaker’s Lobby, culminating in Babbitt being shot as she entered through a broken glass panel. The lawsuit contends that Byrd violated multiple standards of care related to firearm use and threat assessment, asserting that had he adhered to these protocols, Babbitt would still be alive. Despite the shooting being investigated, Byrd faced no disciplinary action. During a recent Zoom hearing, Judicial Watch argued that Washington courts exhibit bias against defendants from the January 6 events, noting that many have been convicted in the district. Babbitt's death remains a significant moment from the day Congress confirmed President Biden's Electoral College victory.