Here’s What We Know About The Reported $5 Million Settlement

Topline

The Justice Department is in talks to settle a wrongful death lawsuit filed by the family of Ashli Babbitt, an Air Force veteran who was killed by police at the Jan. 6, 2021, Capitol riot, for about $5 million, multiple outlets reported Monday.

Micki Witthoeft, center, mother of Ashli Babbitt, the woman fatally shot by police inside the U.S. … More Capitol during the Jan. 6, 2021, riot, joins protesters outside of the Supreme Court on the second anniversary of the Jan. 6, assault on the U.S. Capitol, in Washington, Jan. 6, 2023.

Key Facts

The Trump administration is preparing to pay nearly $5 million to Babbitt’s estate to resolve the suit brought by her family last year, the Washington Post reported, citing people familiar with the matter.

At a May 2 hearing, lawyers for the Justice Department said in court they had reached a preliminary agreement to settle the lawsuit, but details weren’t provided.

Babbitt’s family and conservative activist group Judicial Watch filed the suit last January against the U.S. government and alleged wrongful death, among other things.

Forbes has reached out to the Justice Department and Judicial Watch for comment and confirmation.

Who Was Ashli Babbitt?

Babbitt, who was 35 when she died, was an Air Force veteran who was living near San Diego and traveled to Washington, D.C., to protest the certification of Joe Biden winning the 2020 presidential election. Her social media accounts had posts expressing support for President Donald Trump and QAnon, a conspiracy theory that was widely shared in right-wing circles. She also had posts criticizing California politicians, and her family said she was passionate about standing up for Americans and Trump’s cause, the New York Times reported—though they didn’t know she intended to travel to Washington. On the day before Jan. 6, she posted on Twitter: “Nothing will stop us … They can try and try and try but the storm is here and it is descending upon DC in less than 24 hours …. dark to light!”

How Did Ashli Babbitt Die?

Babbitt was shot by a Capitol Police officer near the House chamber while she stormed the U.S. Capitol. She was rushed out of the Capitol on a stretcher and was declared dead at a hospital. Video footage of the shooting circulated on social media, and after the gunshot could be heard people said, “there’s blood on the floor,” and “we’ve got to get her out of here.”

What Happened To The Officer Who Shot Babbitt?

More than three months after Babbitt died, the Justice Department said the officer who shot her—later identified as Lt. Michael Byrd, a 28-year veteran of the Capitol Police—would not face charges. They determined there was insufficient evidence to support that Byrd violated civil rights laws when he shot Babbitt, and a federal investigation found it was reasonable for him to fire at her in self-defense or defense of those in the chamber. He also did not face internal punishment after the Capitol Police’s own investigation found his actions “potentially saved Members and staff from serious injury.” Byrd revealed his identity in August of 2021 in an interview with NBC and recounted instructing lawmakers to try and blend in and “look like staff as much as possible.” He called the shooting a “last resort” but said he took “appropriate action.”

What Did The Lawsuit Allege?

The lawsuit filed by Babbitt’s family and Judicial Watch, in addition to wrongful death, alleged assault and battery, negligence and; negligent supervision, discipline and retention, among other accusations. They sought $30 million in damages and alleged she “experienced extreme pain, suffering, mental anguish, and intense fear before slipping into pre-terminal unconsciousness,” and that she did not go to Washington “as part of a group or for any unlawful or nefarious purpose,” rather to exercise her freedoms. The suit said she posed no threat to anyone when she was in the Capitol and had previously complied when another officer had directed her to move within the Capitol.

What Has Trump Said About Ashli Babbitt?

In March, Trump said he’s a “big fan” of Babbitt and she was “a really good person who was a big MAGA fan, Trump fan,” Politico reported. He described her death by saying: “She was innocently standing there, they even say trying to sort of hold back the crowd … And a man did something to her that was unthinkable when he shot her.” At the same time, while talking about potential compensation for Jan. 6 rioters he pardoned, Trump said he would “look into” her death, despite Byrd already being cleared of wrongdoing.

Tangent

U.S. Capitol Police Chief Thomas Manger, who is stepping down, said in a statement Monday he was “extremely disappointed,” adding the settlement “sends a chilling message to law enforcement nationwide, especially to those with a protective mission like ours,” Politico reported. Manger took over the Capitol Police after Jan. 6 to restore stability, the Washington Post reported.

Key Background

Babbitt was one of thousands of Trump supporters who rallied to support the then-president before he left office in 2021, and among the many who headed to the Capitol after the rally. Babbitt was one of four people to die in the crowd on Jan. 6, along with one person who had a heart attack on the sidewalk outside the Capitol, one who appeared to be crushed by rioters and had an accidental overdose, and one who died of a stroke, the New York Times reported. A Capitol Police officer collapsed after confronting rioters and died the following day, and a number of people committed suicide after the attack. More than 1,500 people were arrested in relation to the riot, but Trump pardoned nearly all Jan. 6 rioters earlier this year after he took office again and said they were “people who actually love our country, so we thought a pardon would be appropriate.”

What To Watch For

Though no details of the settlement were made public in court on May 2, Judge Ana C. Reyes directed both sides to give the court an update on May 22, this Thursday, according to the Washington Post.