DOJ, Family of Jan. 6 Shooting Victim Ashli Babbitt Agree to Settle Lawsuit

Terms of the pending agreement were not immediately disclosed in the wrongful-death case that sought $30 million.

Ashli and Aaron Babbitt were married on June 25, 2019. Courtesy Aaron Babbitt

The U.S. government is settling a lawsuit filed over a Capitol police officer’s fatal shooting of Ashli Babbitt, a supporter of President Donald Trump, at the U.S. Capitol in Washington on Jan. 6, 2021.

Judicial Watch, an advocacy group, filed the $30 million wrongful-death suit in 2024 on behalf of Babbitt’s estate and her husband, Aaron Babbitt.

On May 2, Tom Fitton, president of Judicial Watch, said, “I can confirm ... that a settlement has been agreed to in principle.“ Fitton, in a post on social media, added, ”The settlement should be finalized within a few weeks, and we will have more details for you soon. God bless America!”

His comments came after a federal judge held a hearing in the case in a Washington courtroom.

After the hearing, Judge Ana C. Reyes ordered both sides to submit a status report by May 6, the court’s docket shows.

Babbitt, 35, an Air Force veteran who lived in the San Diego area, came to Washington on Jan. 6, 2021, to support Trump, who was still serving his first term in office. At the time, the president and many of his supporters were alleging that his loss in 2020 may have been a result of a “rigged” election.

Capitol Police Lt. Michael Byrd fatally shot Babbitt as she attempted to climb through a broken window inside the Capitol. The lawsuit stated that Babbitt was unarmed and “posed no threat” to anyone’s safety. Byrd was cleared of wrongdoing in Babbitt’s death following multiple investigations.

The proposed settlement follows several actions that Trump and his new administration have taken regarding Jan. 6 cases since his return to the White House early this year.

After becoming the nation’s 47th president, Trump immediately granted clemency to all Jan. 6 defendants and took a new Justice Department position that some restitution fees should be reimbursed as part of the now-voided convictions.

Trump has also publicly acknowledged discussions of possible compensation for the Jan. 6 defendants. However, there has been no significant movement in that direction following Trump’s mention of the possible payments during a March 25 interview with Newsmax.

Fitton called Babbitt “the only official homicide victim on January 6,” in a 2024 social media post announcing the lawsuit and a trial date of July 20, 2026. Fitton said the suit sought to “hold the government and those responsible accountable for her needless death.”

Dozens of police and protesters were hurt during the Capitol breach. No police officers died that day, despite initial reports to the contrary.

Videos and photos show Babbitt wearing a Trump flag tied around her neck like a cape, as many other Trump supporters did that day.

She and others were demonstrating over Congress’s intent to certify Trump’s opponent, then-candidate Joe Biden, as the 46th president. Many said they wanted further investigation of alleged election irregularities, but Congress proceeded with the certification vote despite objections from several states.

A government watchdog agency recently confirmed that FBI informants mingled with the crowd that day, both inside and outside the Capitol, amid lingering questions over whether agent provocateurs incited the violence. Past government officials, including former FBI director, Christopher Wray, have denied such accusations.

House Republicans announced earlier this year that a new subcommittee would reopen probes into what really happened on Jan. 6.

The Epoch Times received no immediate response to requests for comment from the Justice Department, Judicial Watch, and Capitol police.