The Trump administration has reached a preliminary agreement with the estate of Ashli Babbitt, the U.S. Air Force veteran who was fatally shot during the breach of the U.S. Capitol on January 6, 2021.
The tentative settlement, first disclosed in a Friday court proceeding, addresses a $30 million civil lawsuit filed by Babbitt’s family against the federal government.
BREAKING: A settlement has been reached in principle over the death of Ashli Babbitt, who was shot by a Capitol officer on Jan. 6, the Trump administration confirms, according to POLITICO. pic.twitter.com/qsg9Sx0eEl
— Benny Johnson (@bennyjohnson) May 2, 2025
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According to multiple sources cited by CBS News, the settlement has been reached “in principle,” though it has not yet been finalized or signed.
The lawsuit was filed by conservative legal group Judicial Watch on behalf of Babbitt’s husband, Aaron Babbitt, and her estate.
The case accused U.S. Capitol Police Lt. Michael Byrd of using excessive and unjustified lethal force during the incident.
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Ashli Babbitt, originally from San Diego, California, served 12 years in the U.S. Air Force, including deployments in Iraq and Afghanistan.
Following her service, she and her husband operated a small business in California.
She became an outspoken supporter of President Donald Trump and was active on social media in expressing her belief that the 2020 presidential election had been stolen.
On January 6, 2021, Babbitt joined demonstrators in Washington, D.C., where she participated in the breach of the Capitol building.
While attempting to climb through a broken window into the Speaker’s Lobby—a hallway directly behind the House chamber—Babbitt was shot by Lt. Byrd. She was unarmed at the time and later died from her injuries.
The lawsuit filed by Judicial Watch argued that Lt. Byrd acted negligently and failed to attempt de-escalation before opening fire.
“Ashli was unarmed,” the complaint stated.
“Her hands were up in the air, empty, and in plain view of Lt. Byrd and other officers in the lobby. Ashli posed no threat to the safety of anyone.”
The suit also noted that Lt. Byrd was not in uniform at the time and was wearing a face mask due to COVID-19 precautions, which the plaintiffs claimed may have contributed to the confusion during the confrontation.
In response, the U.S. Department of Justice filed a statement in 2024 outlining the government’s position.
The DOJ noted that Babbitt unlawfully entered the Capitol and approached the doors of the Speaker’s Lobby, where police had barricaded the area with heavy furniture.
According to the filing, demonstrators broke through glass panels and matching windows beside the doors.
Lt. Byrd, stationed on the other side, fired when Babbitt attempted to climb through a window.
Internal investigations by both the U.S. Department of Justice and the U.S. Capitol Police cleared Lt. Byrd of any wrongdoing, concluding that the use of force fell within department policy.
However, Babbitt’s family has continued to argue that her death was preventable and unjustified.
President Donald Trump has repeatedly mentioned Babbitt’s case during rallies and public appearances, calling for justice and referring to her as a victim of an unjust system.
He has described her death as a symbol of what he views as unequal treatment of January 6 defendants and supporters.
The reported settlement follows years of legal proceedings and public scrutiny.
While details of the final agreement have not been released, the development signals a significant shift in the long-running legal battle over one of the most controversial moments of the Capitol breach.
A formal announcement and signing of the settlement are expected in the coming weeks, pending final negotiations between attorneys and the Department of Justice.
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