The Trump administration has agreed to pay nearly $5 million to settle a wrongful death lawsuit filed by the family of Ashli Babbitt, who was fatally shot by a U.S. Capitol Police officer during the January 6, 2021 riot at the Capitol. The terms of the settlement have not been made public, but a source familiar with the matter confirmed the agreement.
The settlement would conclude a $30 million lawsuit brought by Babbitt’s estate in Washington, D.C. Babbitt, a 35-year-old Air Force veteran from San Diego, was unarmed when she was shot while attempting to climb through a broken window into the Speaker’s Lobby, a restricted area near the House chamber.
The officer who fired the shot was previously cleared of wrongdoing by both the U.S. Attorney’s Office in Washington and the Capitol Police. Authorities determined the shooting was an act of self-defense and protection of members of Congress, who were being evacuated at the time.
Although the final terms haven’t appeared in public court documents, lawyers representing Babbitt’s estate and the Justice Department informed a federal judge on May 2 that they had reached a settlement in principle and were finalizing the details.
Neither Justice Department representatives nor attorneys for Babbitt’s family have publicly commented on the settlement.
In the lawsuit, Babbitt’s family alleged that the officer, who was in plain clothes at the time, failed to issue any verbal warnings or commands before opening fire. They argued he did not make an effort to de-escalate the situation and accused the Capitol Police of negligence, claiming the agency should have known the officer had a tendency to act recklessly or incompetently.
“Ashli posed no threat to the safety of anyone,” the complaint stated.
The officer later explained in a televised interview that he fired his weapon as a “last resort,” and said he couldn’t tell whether Babbitt was armed as she climbed through the window.
Babbitt was among a crowd of people who breached the Capitol following a speech by President Donald Trump at his “Stop the Steal” rally near the White House. Over 100 police officers were injured during the attack.
On his first day back in the White House this January, Trump issued pardons, commuted sentences, or dropped charges for all of the more than 1,500 individuals who had been charged in connection with the Capitol riot.
