Ashli Babbitt’s family lawsuit against US government goes to trial July 2026

The family of Ashli Babbitt is suing the U.S. government in a $30 million wrongful death lawsuit , with a trial date set for July 20, 2026, by a federal judge. Babbitt was fatally shot during the Jan. 6 Capitol riot. The lawsuit presents a version of events that significantly differs from the official account.

Babbitt’s family is challenging Capitol Police Lt. Michael Byrd’s use of lethal force and his actions during the incident. The lawsuit alleges that Babbitt was unarmed with her hands up when shot, and that Lt. Byrd failed to identify himself or issue warnings before firing.

During a hearing Friday , Sept. 20, the judge announced that the previously scheduled 2025 trial date was too soon after lawyers for Babbitt’s family argued they needed more time. The judge is also considering a request to move the trial to Southern California, where Babbitt’s family lives.

Conservative watchdog Judicial Watch has emerged as a key supporter of the Babbitt family’s legal efforts, challenging the government’s narrative of the Jan. 6 events. The organization recently released video footage of Babbitt's shooting, potentially corroborating claims made in the lawsuit.

The FBI's sweeping investigation into the Capitol riot has led to approximately 2,000 arrests. The U.S. Capitol Police's internal investigation concluded that Lt. Byrd’s actions were lawful and potentially life-saving.

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