The Department of Justice is reportedly preparing to settle a wrongful death lawsuit filed by the family of Ashli Babbitt, who was fatally shot during the January 6, 2021, breach of the U.S. Capitol, for $5 million.
Babbitt’s family had initially sought $30 million in damages when they filed the suit against the federal government last year. Although the DOJ had previously contested the case and planned to defend it at a trial scheduled for July 2026, it now appears poised to reach a settlement.
Attorneys for the Justice Department and Ashli Babbitt’s family told a judge during a May 2 hearing that they had reached a settlement to resolve the case, according to The Washington Post. Although no agreement has been formally filed with the court, U.S. District Judge Ana Reyes ordered both parties to provide an update by Thursday, May 22.
The reported settlement involves the Trump administration agreeing to pay $5 million to Babbitt’s family. Babbitt was fatally shot by plainclothes Capitol Police Lt. Michael Byrd, who had a history of disciplinary issues, after entering a room near the House chambers on Jan. 6.
The family is being represented by Judicial Watch. Its president, Tom Fitton, declined to comment on the reported settlement in a post on X. “[Judicial Watch] can’t yet comment on the Ashli Babbitt settlement amount that is being reported because the settlement still hasn’t been finalized. But I can say, contrary to initial WPOST report, [Judicial Watch] is not getting a third (or any portion) of any settlement. We are representing Ashil’s family pro bono!” Fitton posted.
The U.S. Attorney’s Office for the District of Columbia investigated Ashli Babbitt’s death and released its findings in April 2021. The investigation concluded that the officer who shot Babbitt did not violate federal law and that prosecutors could not prove otherwise “beyond a reasonable doubt.”
“Specifically, the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber,” the U.S. attorney’s office said.