The U.S. Department of Justice has reached a preliminary agreement to settle a $30 million wrongful death lawsuit filed by the family of Ashli Babbitt, the Air Force veteran fatally shot during the January 6, 2021, Capitol riot. The settlement, disclosed in a court filing on May 2, 2025, awaits final approval, with terms yet to be publicly released.
Babbitt, 35, was shot by U.S. Capitol Police Lt. Michael Byrd as she attempted to climb through a broken window leading to the Speaker’s Lobby, a restricted area near the House chamber. An internal Capitol Police investigation and a review by the U.S. Attorney’s Office concluded in 2021 that Byrd acted lawfully and in self-defense, determining that his actions potentially saved lives during the chaotic breach.
In January 2024, Babbitt’s estate, represented by the conservative legal group Judicial Watch, filed a wrongful death lawsuit alleging that Byrd used excessive force and failed to issue a warning before firing. The suit contended that Babbitt was unarmed and posed no immediate threat at the time of the shooting, as reported.
The Justice Department’s decision to settle marks a notable shift in the government’s stance, as previous investigations had cleared Byrd of wrongdoing. President Donald Trump, during his second term, has publicly expressed support for Babbitt, referring to her as a martyr and indicating an intention to investigate her death further.
The settlement is expected to be finalized within the coming weeks, concluding a significant chapter in the legal aftermath of the Capitol riot.
Trump had previously reminded reporters that Ashli Babbitt deserves justice for what happened to her.