Trump administration to settle Ashli Babbitt wrongful death suit for $5 million, source says

By Holmes Lybrand and Whitney Wild, CNN

(CNN) — The Trump administration has agreed to pay nearly $5 million to the family of Ashli Babbitt, a pro-Donald Trump rioter who was shot and killed after breaching the US Capitol on January 6, 2021, according to a person familiar with the matter.

The settlement, once approved in court, will end a $30 million wrongful death lawsuit filed by Babbitt’s family.

Prosecutors said in a hearing earlier this month that a settlement agreement had been reached, though details were not made clear at the time. The Washington Post first reported the settlement amount.

As Babbitt was attempting to climb through a broken window leading to the Speaker’s Lobby outside the House of Representatives’ chamber during the attack, a US Capitol Police officer shot and killed Babbitt. The officer was cleared of any criminal wrongdoing related to the shooting.

During a hearing on May 2, lawyers for Babbitt’s estate as well as attorneys for the Justice Department confirmed that a settlement in principle has been reached in the case and said the agreement would cover all parameters of the suit.

In April 2021, the US attorney for the District of Columbia determined that no federal laws were broken in the shooting. The Justice Department found “no evidence to establish beyond a reasonable doubt that the officer willfully” used unlawful or unreasonable force.

“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 office wrote in a statement at the time.

Different legal standards, however, exist for civil suits like the one brought by Babbitt’s family, and criminal charges.

In a statement Monday, Capitol Police Chief Tom Manger said he was “extremely disappointed and disagree with this settlement.”

“In 2021, the DOJ investigation determined no wrongdoing by police. This settlement sends a chilling message to law enforcement nationwide, especially to those with a protective mission like ours,” Manger said.

CNN has reached out to the Babbitt estate attorney and Justice Department for comment.

The-CNN-Wire
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