A federal judge scheduled a trial date for a wrongful death lawsuit brought by the family of Jan. 6 protester Ashli Babbitt, who died after being shot by U.S. Capitol Police officer Michael Byrd.
The watchdog group Judicial Watch, which is helping in the lawsuit filed by Babbitt’s husband, Aaron, revealed that Judge Ana C. Reyes of the U.S. District Court for the District of Columbia scheduled a trial date of July 20, 2026, for the $30 million wrongful death suit.
Following a Friday hearing on the case, Judicial Watch also said Reyes is considering a request to move the case to California, where Ashli Babbitt’s family lives.
BREAKING: Following a hearing on September 20, a judge scheduled a trial date of July 20, 2026, for the $30 million wrongful death suit filed on behalf of the estate and the family of Ashli Babbitt (1/3). https://t.co/tsACPHqwPO
— Judicial Watch
(@JudicialWatch) September 23, 2024
“Ashli Babbitt’s family is relieved Ashli’s case is moving forward to trial on all fronts,” Judicial Watch President Tom Fitton said. “They seek justice and accountability for Ashli’s violent and lawless death at the hands of U.S. Capitol Police Lt. Byrd.”
The case is an outgrowth of the Capitol riot on Jan. 6, 2021, when supporters of then-President Donald Trump threatened to stop the certification of the Electoral College vote making Joe Biden president.
Ashli Babbitt was part of a crowd of protesters attempting to enter the Speaker’s Lobby behind the House chamber. As she was pushed through the window in a doorway, Byrd opened fire and killed her.
The Judicial Watch complaint said Ashli Babbitt was unarmed and held her hands up as she entered the hallway, but that didn’t stop the shooting.
“Lt. Byrd later confessed that he shot Ashli before seeing her hands or assessing her intentions or even identifying her as female. Ashli was unarmed. Her hands were up in the air, empty, and in plain view of Lt. Byrd and other officers in the lobby,” the lawsuit noted.
“Lt. Byrd, who was not in uniform, did not identify himself as a police officer or otherwise make his presence known to Ashli. Lt. Byrd did not give Ashli any warnings or commands before shooting her dead,” the complaint added.
Byrd’s actions were investigated by the government, and he was not punished.
Some 2,000 people have been arrested and charged in the riots in a sweeping dragnet by the FBI. In many of those cases, charges are now being dropped following a Supreme Court decision that the Biden administration overreached in using an obstruction law to jail Trump’s supporters.
Trump has denied encouraging his supporters to block the presidential vote in Congress, and he has promised to pardon those charged in nonviolent cases.
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The suit was originally filed in California where Ashli Babbitt, 35, owned and operated a pool business with her husband. She traveled alone from San Diego to Washington, D.C., to attend the “Women for America First” rally at the Ellipse, which featured Trump.
Judicial Watch has been a leader in the legal effort to challenge the government’s story of the Jan. 6 riots. It recently revealed a video of Ashli Babbitt’s shooting that appears to back up the claims in the lawsuit.
