Trump Administration to Pay $5 Million to Family of Ashli Babbitt in Jan. 6 Settlement
In a highly controversial development, the Trump administration has agreed to pay nearly $5 million to the family of Ashli Babbitt, the U.S. Air Force veteran who was shot and killed while participating in the January 6, 2021, Capitol riot.
The wrongful death settlement, confirmed to CBS News by outgoing U.S. Capitol Police Chief Tom Manger, resolves a $30 million civil suit filed by Babbitt's estate, represented by conservative legal group Judicial Watch. The Department of Justice, under the Biden administration, reportedly finalized the agreement in early May.
“I was extremely disappointed,” Manger said in a phone call. “I disagreed with the Department of Justice’s decision to settle this lawsuit.”
The decision has sent shockwaves through the law enforcement community and political establishment, reigniting deep divides over the deadly attack on the U.S. Capitol and its aftermath.
The Lawsuit and Its Claims
The civil suit filed on behalf of Babbitt's estate accused Capitol Police Lt. Michael Byrd of wrongful death, negligence, and excessive use of force. The lawsuit argued that Babbitt, who was unarmed, posed no direct threat to law enforcement when she was fatally shot trying to climb through a shattered window leading to the Speaker’s Lobby.
“Ashli was unarmed. Her hands were up in the air, empty, and in plain view of Lt. Byrd and other officers in the lobby,” the complaint said. “Ashli posed no threat to the safety of anyone.”
Footage from the Capitol shows Babbitt as part of a group attempting to breach the chamber where lawmakers were sheltering during the certification of the 2020 election results. Despite warnings, Babbitt advanced toward the barricaded entrance and was shot once by Lt. Byrd. She died shortly after.
Though Byrd was cleared of criminal wrongdoing in an internal Capitol Police investigation in 2021—which concluded his actions likely saved lives—Babbitt’s death has since been held up by far-right groups and Trump allies as an example of what they claim was excessive and politically motivated force.
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Trump’s Embrace of Babbitt’s Legacy
Ashli Babbitt has become a symbolic martyr for many within the MAGA movement. Former President Donald Trump has repeatedly referenced her in rallies and public remarks, calling her “an American patriot” and questioning the use of deadly force against her.
The latest settlement appears to affirm, at least financially, some of the arguments made by her family and supporters. Trump’s legal team reportedly pushed for a swift and “generous” resolution to the suit as part of a broader effort to reshape the public narrative surrounding Jan. 6.
On the day of his second inauguration earlier this year, Trump granted a blanket pardon to over 1,500 individuals convicted for their role in the Capitol riot. The Justice Department has since dismissed many of the remaining prosecutions and, in a controversial move, fired several federal attorneys who led the original investigations.
Law Enforcement Backlash
The $5 million payout has triggered outrage among police officers and families who endured the violent siege.
Metropolitan Police Officer Dan Hodges, who was brutally assaulted during the riot, issued a blistering statement:
“Ashli Babbitt was a conspiracy theorist armed with a lethal weapon and combat training. My thoughts are with the families of officers like Brian Sicknick and others who died defending democracy—not someone breaking into a secure area of the Capitol.”
Several officers, including those injured or traumatized on Jan. 6, reportedly feel betrayed by the administration’s decision to settle with the Babbitt estate while failing to provide what they call “adequate recognition or compensation” for their own suffering.
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Babbitt’s Mother and the Movement She Sparked
Ashli Babbitt’s mother, Micki Wittehoff, has been a vocal figure in defending Jan. 6 defendants. She helped lead nightly protests outside the D.C. jail, demanding leniency for rioters. Her efforts earned her high-profile meetings with Trump allies, including former House Speaker Kevin McCarthy and FBI Director Kash Patel.
The $5 million settlement is being hailed by supporters as a long-overdue act of “justice.” To critics, it represents a deeply unsettling precedent—one that may embolden extremist sympathizers and rewrite the legacy of a dark day in American democracy.
What’s Next?
Though the settlement closes the civil case, political fallout is far from over. Legal scholars warn the move could pave the way for additional lawsuits from other Jan. 6 participants or their families. Congressional Democrats have already vowed to investigate the legal rationale behind the settlement, especially given the Capitol Police’s previous exoneration of Lt. Byrd.
For now, the Trump administration appears determined to recast the narrative of January 6—not as an insurrection, but as a tragedy inflicted on its own.
“Ashli should be alive today,” Trump said at a recent rally. “And her family deserves justice.”
Whether the American public agrees remains to be seen.