Judicial Watch Files $30M Lawsuit Against U.S. Government in Ashli Babbitt Shooting Death

Judicial Watch filed a lawsuit Thursday against the United States government regarding the
Ashli Babbitt/GoFundMe
Amy Furr

Judicial Watch filed a lawsuit Thursday against the United States government regarding the shooting death of January 6 protester Ashli Babbitt.

The nonprofit said the wrongful death lawsuit was on behalf of the U.S. Air Force veteran’s family who grieved her loss after she was shot and killed that day in 2021 inside the U.S. Capitol building by former Police Lt. Michael Byrd.

In a social media post Friday, Judicial Watch President Tom Fitton shared an image of Babbitt:

The lawsuit details the shooting:

On January 6, 2021, at 2:44 p.m.,1 Air Force veteran Ashli Babbitt, age 35, was shot and killed inside the U.S. Capitol by then Lt. Michael Byrd of the U.S. Capitol Police. The bullet pierced Ashli in her left anterior shoulder, perforated her left brachial plexus, trachea, upper lobe of the right lung and second anterior rib, and landed in her right anterior shoulder. Ashli fell backwards and landed flat on her back on the marble floor. Video recordings show her alive and conscious, writhing uncontrollably immediately after the shooting.

Ashli remained conscious for minutes or longer after being shot by Lt. Byrd. Ashli experienced extreme pain, suffering, mental anguish, and intense fear before slipping into pre-terminal unconsciousness.

…

Ashli loved her country and wanted to show her support for President Trump’s America First policies and to see and hear the president speak live while he remained in office. Ashli did not go to Washington as part of a group or for any unlawful or nefarious purpose. She was there to exercise what she believed were her God-given, American liberties and freedoms.

The Judicial Watch announcement noted that Byrd was never charged, punished, or disciplined for the killing, noting the plaintiffs in the lawsuit are seeking $30,000,000.

Once Byrd was identified in August 2021 as Babbitt’s shooter, an attorney for the victim’s family suggested Byrd’s name had been hidden by officials, according to Breitbart News.

Terry Roberts said, “The U.S. Congress wants to protect this man. He’s got friends in high places and they want to protect him. And they’ve done a pretty good job of it. … I don’t think it’s a proud moment for the U.S. Capitol Police or the U.S. Congress.”

The outlet noted that Babbitt was unarmed when the shooting occurred on January 6 and she was the only person killed by gunfire during the incident.

FILE - In this Jan. 6, 2021, file photo insurrections loyal to President Donald Trump rally at the U.S. Capitol in Washington. U.S. Capitol Police officers who were attacked and beaten during the Capitol riot filed a lawsuit Thursday, Aug. 26, against former President Donald Trump, his allies and members of far-right extremist groups, accusing them of intentionally sending insurrectionists to disrupt the congressional certification of the election in January. (AP Photo/Jose Luis Magana, File)

Supporters of President Donald Trump rally at the U.S. Capitol on Wednesday, Jan. 6, 2021, in Washington. (AP Photo/Jose Luis Magana)

In October 2021, former President Donald Trump sent a personal video message to Babbitt’s family on her birthday.

He said in part, “There was no reason Ashli should’ve lost her life that day. We must all demand justice for Ashli and her family.”

Byrd later claimed that Babbitt was “posing a threat to the House of Representatives” when she tried to climb through a barricade outside the House chamber, the Breitbart News report stated.

The case is: Babbitt v. U.S. Government, No. 3:24-cv-33 in the U.S. District Court for the Southern District of California.

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