Babbitt, an Air Force veteran, was shot and killed by then-Lt. Michael Byrd, who claimed at the time that he only fired his weapon as a last resort as she climbed through a broken door window leading into a lobby outside of the House of Representatives.

In a sign that the case filed by Babbitt’s estate and Washington-based Judicial Watch has been greenlighted, U.S. District Court Judge Ana C. Reyes gave the government a month to address four of the seven counts in the lawsuit,” the Washington Examiner reported on Friday.

“Those four include the ‘wrongful’ death count as well as negligence and assault and battery claims against” Byrd, the outlet noted further.

The judge also indicated she would consider additional requests from Judicial Watch to move the trial to San Diego, where Babbitt’s husband resides. The case was initially transferred to Washington, where most January 6th cases have been adjudicated, the report said.

Ashli Babbitt’s family is thrilled the $30 million wrongful death lawsuit for her outrageous killing is moving full speed ahead,” Judicial Watch President Tom Fitton noted.

Babbitt, a decorated Air Force veteran and security forces controller, traveled to Washington to attend the Save America rally on January 6 at the Ellipse, where then-President Donald Trump gave a speech. She was not associated with any protest group, the Examiner pointed out.

 

The lawsuit blames Byrd for Babbitt’s death, alleging he was inadequately trained, failed to follow safety protocols, and did not provide a warning before shooting. Recently released video footage shows protesters breaking the glass on swinging doors to the Speaker’s Lobby, with Babbitt eventually stepping through one of the shattered panels before being shot.

The lawsuit says: “When Lt. Byrd shot and killed Ashli on January 6, 2021, he breached multiple, applicable standards of care governing (A) the safe use of a firearm; (B) the perception and assessment of imminent threats; (C) use of force levels and escalation/de-escalation of force; (D) the perception and assessment of relevant facts; (E) the use of warnings; (F) firing backdrops; and (G) obtaining timely, appropriate medical aid, among other breaches to be identified through discovery. Had Lt. Byrd adhered to these standards, he would not have fired, and Ashli would be alive today.”

Following Babbitt’s death, the DOJ and Capitol Police conducted investigations that cleared Byrd of any wrongdoing, outraging supporters of the former president.

During a Zoom hearing earlier this week, Judicial Watch argued that Washington courts are biased against January 6 defendants, noting that most convictions have occurred in these courts.

Babbitt’s death became a major news story on the same day Congress voted to certify President Joe Biden’s Electoral College victory. The events unfolded with Trump urging protests at the Capitol, followed by White House requests for protesters to stand down after violent images were broadcast on television, the Examiner noted further.

Babbitt’s estate filed suit against the Biden administration in January.

The suit, filed by legal watchdog organization Judicial Watch in the U.S. District Court Southern District of California on behalf of Aaron Babbitt, Ashli’s husband, says “the officer who shot Babbitt was ‘incompetent’ and ‘dangerous’ and should have seen that the 35-year-old posed no threat to Congress when she entered the House speaker’s lobby.”