US to Settle Over Ashli Babbitt Shooting: What We Know So Far

Law enforcement uses tear gas on Trump supporters storming the U.S. Capitol on Jan. 6, 2021. Photo courtesy of Tyler Merbler under CC BY 2.0.

On Jan. 6, 2021, a day meant to certify a peaceful transfer of power in the United States, the Capitol was thrown into chaos. Amid that chaos, a 35-year-old Air Force veteran named Ashli Babbitt was fatally shot while trying to breach the Speaker’s Lobby.

More than three years later, her name remains at the center of one of the most polarizing moments in recent American history - and now, her family has reached a settlement with the U.S. government.

A Fatal Shot Inside the Capitol

Babbitt was part of the mob that stormed the Capitol that day, attempting to disrupt the certification of the 2020 presidential election. According to federal filings, she was shot as she tried to climb through a shattered window next to a barricaded door leading to the Speaker’s Lobby while members of Congress were still evacuating.

She was unarmed. The officer who shot her - U.S. Capitol Police Lt. Michael Byrd - was not in uniform and was wearing a COVID mask. An internal investigation later determined he acted lawfully and would not face discipline, stating his actions may have saved lives during a volatile and dangerous breach.

A Lawsuit, A Shift in Power, and a Settlement

In 2024, Babbitt’s estate filed a $30 million wrongful death lawsuit, alleging that the shooting was negligent and unnecessary. The complaint claimed Babbitt posed no threat, had her hands raised, and was not warned before the officer fired. It also argued that Capitol Police should have known Byrd might act dangerously.

The case moved forward under the Biden administration. But just four days after President Trump returned to office in January 2025, attorneys from both sides asked the court to delay a hearing, citing ongoing settlement talks. By early May, they had reached an agreement in principle, though details of the deal have not been publicly disclosed.

A Symbol Beyond the Settlement

Ashli Babbitt’s death has become a flashpoint - a rallying cry for some and a painful reminder for others. Her family, including husband Aaron and mother Micki Witthoeft, have remained outspoken. Witthoeft in particular became a visible activist, holding nightly protests outside the D.C. jail in support of Jan. 6 defendants and securing meetings with prominent conservative figures.

The Broader Context

This settlement arrives at a politically charged moment. President Trump’s controversial decision to pardon or commute sentences for over 1,500 people charged in the Capitol riot has been viewed by critics as an attempt to reframe history. Prosecutors who previously worked on Jan. 6 cases, like Brendan Ballou, have accused the administration of whitewashing the insurrection and trying to erase its consequences, according to CBS News.

Still, for Babbitt’s family, this settlement likely marks the end of a long legal battle - even if it does not end the public debate surrounding her death.

References: US to settle with family of woman killed during Capitol riot, reports say | Trump administration reaches settlement with family of Ashli Babbitt, rioter killed on Jan. 6, 2021 | US reaches agreement to settle lawsuit brought over Ashli Babbitt's shooting during Capitol riot | Trump administration agrees to settlement with family of Jan. 6 rioter Ashli Babbitt