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The Trump administration has agreed to pay $4.9 million to settle a wrongful death lawsuit filed by the family of Ashli Babbitt, the woman fatally shot by a Capitol Police officer during the January 6, 2021 riot, according to sources familiar with the deal who spoke to ABC News.
The lawsuit — filed by Babbitt’s estate and backed by the conservative legal group Judicial Watch — had sought $30 million, alleging negligence by U.S. Capitol Police Lt. Michael Byrd, who shot Babbitt as she tried to climb through a broken window outside the House Speaker’s Lobby.
The Justice Department, in a statement released in April 2021, cleared Byrd of criminal wrongdoing, concluding he acted in self-defense and to protect members of Congress from the advancing mob. An internal investigation by the Capitol Police also found Byrd’s actions were “lawful and within Department policy.”
“The officer’s actions potentially saved Members and staff from serious injury and possible death from a large crowd of rioters,” Capitol Police said at the time.
Despite these findings, a federal judge was recently informed that an agreement to settle the civil case had been reached. The Washington Post first reported the settlement amount.
It remains unclear whether the settlement will include any admission of fault or policy change by the Justice Department. Neither DOJ nor attorneys for the Babbitt family responded to requests for comment.
Capitol Police Chief Tom Manger criticized the settlement, saying it sends the wrong message to officers.
“This settlement sends a chilling message to law enforcement nationwide, especially to those with a protective mission like ours,” Manger told ABC News. “The DOJ determined there was no wrongdoing in 2021.”
The lawsuit was filed during the Biden administration, but the payout comes under the Trump administration, which recently returned to office. President Donald Trump has frequently invoked Babbitt’s name while defending Jan. 6 participants, casting her as a martyr.
In a March interview with Newsmax, Trump called Babbitt “a really good person” and claimed she was “innocently standing there,” despite video showing her attempting to breach a secured area near the House chamber during the violent attack.
“A man did something unthinkable to her when he shot her, and I think it’s a disgrace,” Trump said. “I’m going to look into that.”
Trump also pardoned nearly all of the 1,500 people charged in connection with the Capitol riot shortly after taking office again, a move that Manger condemned in a memo to his department, saying it let “violent criminals who attacked police officers off the hook.”
Ashli Babbitt, a 35-year-old Air Force veteran and ardent supporter of Trump and the QAnon conspiracy movement, was one of the first fatalities of the Capitol attack. Her death remains a lightning rod in ongoing political and legal debates over the events of January 6.
