A federal judge has ordered the Justice Department to “answer” charges in a $30 million wrongful death suit on behalf of Ashli Babbitt, the 35-year-old Trump supporter shot dead as she entered a lobby just off the House floor during the Jan. 6 Capitol riots.
In a sign that the case filed by Babbitt’s estate and Washington-based Judicial Watch has been greenlighted, U.S. District Court Judge Ana C. Reyes gave the government a month to address four of the seven counts in the lawsuit.
Those four include the “wrongful” death count as well as negligence and assault and battery claims against then-U.S. Capitol Police Lt. Michael Byrd.
The judge also said she would listen to further pleas from Judicial Watch to have the trial heard in San Diego, home to Babbitt’s husband. A court there sent the case to Washington, where most of the Jan. 6 cases have been heard.
“Ashli Babbitt’s family is thrilled the $30 million wrongful death lawsuit for her outrageous killing is moving full speed ahead,” Judicial Watch President Tom Fitton said.
Babbitt, an Air Force veteran who was a decorated security forces controller, was in Washington to attend the Save America rally on Jan. 6 at the Ellipse, where then-President Donald Trump delivered a speech. She was not affiliated with any protest group.
The suit put the blame of Babbitt’s death on Byrd and says he was poorly trained, didn’t follow safety protocols, and gave no warning. Recently released video shows protesters smashing the glass of swinging doors to the Speaker’s Lobby and eventually Babbit stepping through one of the glass panels and being shot.
The suit said, “When Lt. Byrd shot and killed Ashli on January 6, 2021, he breached multiple, applicable standards of care governing (A) the safe use of a firearm; (B) the perception and assessment of imminent threats; (C) use of force levels and escalation/de-escalation of force; (D) the perception and assessment of relevant facts; (E) the use of warnings; (F) firing backdrops; and (G) obtaining timely, appropriate medical aid, among other breaches to be identified through discovery. Had Lt. Byrd adhered to these standards, he would not have fired, and Ashli would be alive today.”
The shooting was investigated and Byrd was never punished.
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At a Zoom hearing earlier this week, Judicial Watch made the case that Washington courts are biased against Jan. 6 defendants. Most have been convicted in Washington courts.
Babbitt’s death was one of the biggest headlines of the day Congress voted to confirm President Joe Biden’s Electoral College victory. The day included urgings by Trump to protest at the Capitol followed by White House calls to back off after images of violence were aired on TV.
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