The Trump administration will reportedly pay $5 million to settle the wrongful death suit brought by the family of January 6 rioter Ashli Babbitt.

Babbitt was shot and killed by U.S. Capitol Police Lt. Michael Byrd when trying to storm a barricade into the House Speaker’s lobby during the Capitol Hill riot on January 6, 2021. Her supporters, including President Trump, have claimed she was dealt with excessive force while the police officer maintains that he did his duty to protect then-sitting members of the U.S. Congress. Per the Washington Post:

Babbitt’s family filed the wrongful-death lawsuit in early 2024, seeking $30 million. Lawyers for both sides told a judge this month that they had reached a settlement in principle, reversing the Justice Department’s earlier opposition in the case, which had been set for trial in July 2026.

No final deal had been signed and terms had not been disclosed at the May 2 hearing. Judge Ana C. Reyes of the U.S. District Court for the District of Columbia directed both sides to update the court this Thursday.

Two people briefed on the matter said the Justice Department has agreed in principle to pay just under $5 million to Babbitt’s family. The two people spoke on the condition of anonymity to discuss a pending court matter.

Prior to the settlement, the Justice Department determined that they lacked sufficient evidence to prove Babbitt’s civil rights were violated, and the Capitol Police determined during an investigation that the officer acted with lawful intent and may have “potentially saved members and staff from serious injury and possible death from a large crowd of rioters who forced their way into the U.S. Capitol and to the House Chamber where members and staff were steps away.”

Babbitt’s family, however, claimed that she was unarmed and “posed no threat to the safety of anyone.”

“Ashli posed no threat to the safety of anyone,” the lawsuit said, adding that the former Air Force veteran was not “part of a group or for any unlawful or nefarious purpose.”

Mark E. Schamel, attorney for Michael Byrd, said Monday, “Consistent with the most recent ruling by the Supreme Court on the use of force by officers, Lieutenant Byrd did exactly what he was supposed to have done that day to protect the elected officials he was sworn to protect.”

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