A federal judge has required the Justice Department to address charges in a wrongful death lawsuit filed on behalf of Ashli Babbitt, a Trump supporter killed during the Jan. 6, 2021 Capitol unrest.

The $30 million lawsuit alleges wrongful death, negligence, and assault and battery against U.S. Capitol Police Lt. Michael Byrd, and the Biden DOJ must now respond, as the Washington Examiner reports.

Federal Judge Orders Government Response

U.S. District Court Judge Ana C. Reyes has instructed the Justice Department to respond to the charges within a month on four of the seven counts levied against Byrd.

The charges in question involve wrongful death, negligence, and assault and battery. This development marks a significant step in the legal battle surrounding the death of Babbitt, a 35-year-old Air Force veteran and Trump supporter.

The lawsuit, filed by Babbitt’s estate and the judicial watchdog group Judicial Watch, seeks $30 million in damages. It claims that Lt. Byrd was improperly trained, failed to follow safety protocols, and did not issue a warning before shooting Babbitt.

Events Leading to Babbitt’s Death

Babbitt was among the crowd that attended the Save America rally on Jan. 6, 2021, where then-President Trump addressed his supporters. Following the rally, Babbitt joined others in an attempt to enter the lobby near the House floor inside the Capitol building.

During this chaotic moment, she was shot by Lt. Byrd as she attempted to climb through a broken glass door leading to the Speaker’s Lobby.

Video footage released recently shows protesters breaking the glass doors, with Babbitt climbing through one of th em. The lawsuit claims Byrd failed to adhere to multiple standards of care for using a firearm and assessing threats. It also argues that had Byrd followed protocol, Babbitt would still be alive.

Trial Location and Legal Maneuvering

Babbitt’s case was initially transferred to Washington, D.C., where most Jan. 6-related cases are being adjudicated. However, Judge Reyes indicated her openness to Judicial Watch’s request to move the trial to San Diego, where Babbitt’s husband resides. This request is based on claims that Washington courts are biased against Jan. 6 defendants, the majority of whom face convictions there.

The lawsuit further lists numerous breaches by Byrd regarding safety standards, threat perception, and use of force. It accuses Byrd of not obtaining timely and appropriate medical aid for Babbitt after shooting her.

Judicial Watch’s Position

Tom Fitton, President of Judicial Watch, expressed optimism about the forward movement of the case. “Ashli Babbitt’s family is thrilled the $30 million wrongful death lawsuit for her outrageous killing is moving full speed ahead,” he stated.

The extensive lawsuit document reiterates that Byrd’s actions on the fatal day resulted from multiple breaches of standards. ”When Lt. Byrd shot and killed Ashli on January 6, 2021, he breached multiple, applicable standards of care,” it states, citing failures in firearm safety, threat assessment, force usage, and more.

No Punishment for Byrd

Despite the allegations, investigations into Byrd’s actions concluded without any punitive measures being taken against him. This outcome has not been satisfactory for Babbitt’s supporters and family, who vehemently argue that his conduct was reckless and unjustified.

Babbitt was not affiliated with any organized protest group on Jan. 6 and attended the event as an individual supporter of Trump. The situation escalated as violent scenes from the Capitol were broadcast, prompting calls from the White House to de-escalate the situation.

Backdrop of the Jan. 6 Riots

Babbitt's shooting became one of the most significant events on a day that saw Congress confirming President Joe Biden's Electoral College victory. On that day, thousands of Trump supporters stormed the Capitol, resulting in broken glass, property damage, and the temporary halt of the governmental process inside the Capitol building.

As the nation watched, the riots drew widespread condemnation from across the political spectrum. Babbitt’s death added a tragic dimension to a day already marked by widespread violence and chaos.

Conclusion: Key Aspects Summarized

The legal proceedings surrounding Ashli Babbitt’s death continue to unfold with significant developments. Judge Reyes's ruling mandates the Justice Department to respond to several charges in the $30 million lawsuit within a month.

Accusations against Lt. Michael Byrd include improper training and failure to follow protocols, leading to Babbitt’s shooting on Jan. 6. The case, initiated by Judicial Watch and Babbitt’s estate, seeks justice and argues Byrd's actions were unjustifiable.

While Byrd faced no punishment from previous investigations, the ongoing lawsuit highlights contentious issues related to law enforcement's use of force, especially on that fateful day.