The long-awaited tort action from the family of Ashli Babbitt has now been filed in Southern California. Babbitt was shot and killed on Jan. 6th and her family is seeking $30 million in a wrongful death action. Equally important, the lawsuit could force additional answers to why Capitol Police Lt. Michael Byrd shot and killed the unarmed protester as she attempted to climb through a window near the House Chamber. I have previously raised concerns over the shooting as conflicting with governing standards on the use of lethal force. I also noted contradictions in Byrd’s own statements and the government’s conclusion that this was a justified killing. The complaint below adds some troubling facts to these prior concerns.
Babbitt, 35, was an Air Force veteran and Trump supporter who participated in the riot three years ago. She was clearly committing criminal acts of trespass, property damage, and other offenses. However, the question is whether an officer is justified in shooting a protester when he admits that he did not see any weapon before discharging his weapon.
Just to recap what we previously discussed in the earlier column:
When protesters rushed to the House chamber, police barricaded the chamber’s doors; Capitol Police were on both sides, with officers standing directly behind Babbitt. Babbitt and others began to force their way through, and Babbitt started to climb through a broken window. That is when Byrd killed her.
At the time, some of us familiar with the rules governing police use of force raised concerns over the shooting. Those concerns were heightened by the DOJ’s bizarre review and report, which stated the governing standards but then seemed to brush them aside to clear Byrd.
The DOJ report did not read like any post-shooting review I have read as a criminal defense attorney or law professor. The DOJ statement notably does not say that the shooting was clearly justified. Instead, it stressed that “prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so ‘willfully.’” It seemed simply to shrug and say that the DOJ did not believe it could prove “a bad purpose to disregard the law” and that “evidence that an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent.”
While the Supreme Court, in cases such as Graham v. Connor, has said that courts must consider “the facts and circumstances of each particular case,” it has emphasized that lethal force must be used only against someone who is “an immediate threat to the safety of the officers or others, and … is actively resisting arrest or attempting to evade arrest by flight.” Particularly with armed assailants, the standard governing “imminent harm” recognizes that these decisions must often be made in the most chaotic and brief encounters.
Under these standards, police officers should not shoot unarmed suspects or rioters without a clear threat to themselves or fellow officers. That even applies to armed suspects who fail to obey orders. Indeed, Huntsville police officer William “Ben” Darby was convicted for killing a suicidal man holding a gun to his own head. Despite being cleared by a police review board, Darby was prosecuted, found guilty and sentenced to 25 years in prison, even though Darby said he feared for the safety of himself and fellow officers. Yet law professors and experts who have praised such prosecutions in the past have been conspicuously silent over the shooting of an unarmed woman who had officers in front of and behind her on Jan. 6.
Byrd went public soon after the Capitol Police declared “no further action will be taken” in the case. He proceeded to demolish the two official reviews that cleared him.
Byrd described how he was “trapped” with other officers as “the chants got louder” with what “sounded like hundreds of people outside of that door.” He said he yelled for all of the protesters to stop: “I tried to wait as long as I could. I hoped and prayed no one tried to enter through those doors. But their failure to comply required me to take the appropriate action to save the lives of members of Congress and myself and my fellow officers.”
Byrd could just as well have hit the officers behind Babbitt, who was shot while struggling to squeeze through the window.
Of all of the lines from Byrd, this one stands out: “I could not fully see her hands or what was in the backpack or what the intentions are.” So, Byrd admitted he did not see a weapon or an immediate threat from Babbitt beyond her trying to enter through the window. Nevertheless, Byrd boasted, “I know that day I saved countless lives.” He ignored that Babbitt was the one person killed during the riot. (Two protesters died of natural causes and a third from an amphetamine overdose; one police officer died the next day from natural causes, and four officers have committed suicide since then.) No other officers facing similar threats shot anyone in any other part of the Capitol, even those who were attacked by rioters armed with clubs or other objects.
The complaint below has some interesting additional facts. For example, it alleges that Babbitt’s hands were in plain sight and empty.
“Ashli could not have seen Lt. Byrd, who was positioned far to Ashli’s left and on the opposite side of the doors, near an opening to the Retiring Room, a distance of approximately 15 feet and an angle of approximately 160 degrees. Sgt. Timothy Lively, one of the armed officers guarding the lobby doors from the hallway, later told officials investigating the shooting, “I saw him . . . there was no way that woman would’ve seen that.” Lt. Byrd, who was not in uniform, did not identify himself as a police officer or otherwise make his presence known to Ashli. Lt. Byrd did not give Ashli any warnings or commands before shooting her dead.”
That is significant. There were officers in front, behind, and to the sides of Babbitt but she was given no warning and likely did not see Byrd pointing his weapon at her.
However, the most interesting allegation is this one:
“At 2:45 p.m., or within one minute after shooting Ashli, Lt. Byrd made the following radio call: 405B. We got shots fired in the lobby. We got shots shots fired in the lobby of the House chamber. Shots are being fired at us and we’re sh, uhh, prepared to fire back at them. We have guns drawn. Please don’t leave that end. Don’t leave that end. Approximately 35 seconds later, Lt. Byrd made another radio call, stating, “405B. We got an injured person. I believe that person was shot.” In fact, no shots were fired at Lt. Byrd or his fellow officers. The only shot fired was the single shot Lt. Byrd fired at Ashli. He heard the loud noise of the gunshot. He saw her fall backwards from the window frame.”
So Byrd allegedly gave a false report of shots being fired after he shot Babbitt.
Here are the seven counts (the second count on negligence is the most detailed and multifaceted):
COUNT I Assault and Battery (Intentional Shooting and Killing of Ashli by Lt. Byrd – ESTATE OF ASHLI BABBITT)
COUNT II Negligence (Lt. Byrd – ESTATE OF ASHLI BABBITT)
COUNT III Negligence (Timothy Lively, Kyle Yetter, Christopher Lanciano Steven Robbs, Don Smith, Brandon Sikes, Mike Brown Jason Gandolph – ESTATE OF ASHLI BABBITT)
COUNT IV Negligent Supervision, Discipline, and Retention of Lt. Byrd (Capitol Police, Capitol Police Board, et al. – ESTATE OF ASHLI BABBITT)
COUNT V Negligent Training (Capitol Police, Capitol Police Board, et al. – ESTATE OF ASHLI BABBITT)
COUNT VI Survival Action (Assault and Battery; Negligence; Negligent Supervision, Discipline, and Retention; Negligent Training – ESTATE OF ASHLI BABBITT)
COUNT VII Wrongful Death (Assault and Battery; Negligence; Negligent Supervision, Discipline, and Retention; Negligent Training – AARON BABBITT)
The complaint, in my view, raises credible allegations that warrant serious review. The Justice Department is likely to seek threshold grounds for dismissal, but the case could offer needed answers to a number of questions. Many of us were not satisfied with the review of the government of the shooting. Discovery would allow for a new review of the underlying record.
The family is being represented by Judicial Watch.
Here is the complaint: Babbitt v. United States
Clearly excessive force with this one policemen firing his weapon when multiple other policemen were closer, in the line of fire, and did not fire any other shots. His call of shots fired was a hysterical reaction to the situation and clearly shows inadequate training at least and maybe gross inability to manage the situation or area. I would have thought a Lt. who is supposed to be in charge and leading other policemen did not react with greater caution in a clearly crowded encounter and uncontrolled situation. I would think he was incredibly lucky that others were not hit but his undisciplined firing.
He was a diversity hire and promoted with the same standards.
“killed the unarmed protester as she attempted to climb through a window near the House Chamber.” Think about that statement for just a half a second.
You have got to be kidding me JT? First, this was not a riot, it was an armed attempt at keeping the person that lost the election in power. That by every definition on the planet an insurrection. Yes, armed. Read the reports of those arrested, there were hundreds of armed people, some with guns, many with sticks, batons stolen from police, flag poles, and other sundry items. They were yelling to kill the VP and speaker of the house. This was not a Sunday school picnic no matter how much you keep trying to give us revisionist history.
In practically every other country on this planet, the losers of an armed insurrection are hung and otherwise killed. Not in the U.S. We thought the law would take care of it, and indeed over a thousand people have been charged, nearly every one convicted, and more to come, over the insurrection on January 6, 2021. But since then those that yelled DJT was done have changed their tune because…because the orange man commanded complete subservience of those that used to belong to the Republican Party.
This was an insurrection, Babbit died while trying to kill elected members of our government.
JT, you have lost your mind, all you djt supporters are declaring yourselves idiot cult members of an orange man that “God Created” Get a grip. Shame on you, shame on all of you that want to keep a man that has no regard for anything other than himself in power.
It was a riot.
Plain and simple.
and what what the purpose of said “riot”?
Riots dont have a purpose you moron. Thats why they are called riots.
Hey Bob, you said an “Armed” attack, who exactly had arms on them? Were any people arrested with arms?
Let some miscreant try to grab a cops gun and end up getting shot and you scream about evil police, but let an unarmed woman get shot by a loose cannon of a cop and you are attacking the woman. Your partisanship makes you a moron.
To get congress to refuse to certify the election.
Which congress has the power to do, and which protestors are free to demand.
It was not even much of a riot. Outside the west tunnel entrance there was very little “rioting” or disorder.
The group trying to break into the speakers lobby is one of the few places besides the West tunnel entrance where there was violence.
Great plan… send in a 115 lb, unarmed woman into the chamber to draw fire, while unarmed backup congregates with armed Capitol Police in the hallway.
Yup. It is disturbing how many people can’t grasp how bad the Jan 6 attack was. It was damn lucky nothing worse happened. Babbitt was killed while attempting to overthrow the government.
Yeah, people looking to overthrow the government walk in-between the red velvet cue lines.
They take selfies.
As noted, the chamber was cleared of all Congress persons.
After the riot, all those same Congress persons took their seats and continued, business as usual a few hours later.
Some overthrow attempt.
What is disturbing is how you cannot grasp how this was a protest gone bad. And based off the newly released video by Speaker Johnson, it was A LOT more peaceful than the clown show Jan6th Committee would have you believe with their cheery picked, and in some cases, edited, video.
What is also disturbing is the facts and evidence the good professor points out, that you ignore.
Here is someone much, much smarter than you on the topic of Jan6th: Bill Barr says Justice Department went ‘too far’ in prosecuting Jan. 6 Capitol riot cases
https://justthenews.com/government/courts-law/bill-barr-says-justice-department-went-too-far-prosecuting-jan-6-capitol-riot
It is disturbing that so many left wingf nuts are so deluded about J6.
The easiest way toi tell that J6 is being massively overhyped by the left is to get the raw originals of the pictures the Media and the J6 committee presented to the public.
When you discover that everything is done in false color and at odd angles to convey a false narative, you know you are dealing with garbage.
All that was required to avoid violence on J6 was for the CP to keep their cool and not accidentally tear gas themselves and protestors.
Frankly democrats are very lucky that it was this bad. Contra the media and the left – these protestors did NOT come prepared for violence.
There were no sheilds, there were no bottles of urine. There were no frozen water bottles. there were no molotov cocktails, There were no bricks, there were no firearms, there were no lasers. There were no axes.
There was absolutely NOE of the things that left wing nuts bring to “protests” all the time
Big Mouth Bob
I still want to see the $10k wager ticket where you bet against Trump winning in 2024. The odds are very good right now, you could make a nice penny, AND prove that you’re not Gigi and that you arent really suffering from microorchidism.
I stand by my prediction, if trump is the nominee for the party formerly known as Republican, he will loose. He will get 40+ million popular votes, he will win a hand full of right wing states, but will fail to get a majority of the electoral votes. He will fail miserably in the popular vote being a looser like every election he has ever been in. If the party formerly known as Republican goes all in for him, look for a route in the Senate and House where the Repos will loose massive number of seats.
trump is a walking disaster, the sooner you realize this and put a descent candidate on the ballot, the less worse off you will be.The repo party is going down to massive defeat in November.
First, this was not a riot, it was an armed attempt . . .
Focusing only on the murder. The officer shot and killed a victim that had no gun. There were no guns brought by protestors. The Shooter never saw any guns in the hands of protestors. Proportional responses is trained behavior for law enforcement..
“There were no guns brought by protestors.”
BS. Some people have already been convicted of carrying firearms that day, including:
1:21-cr-26 ALBERTS, Christopher Michael
1:21-cr-4 COFFMAN, Lonnie Leroy
1:21-cr-496 IBRAHIM, Mark Sami
1:21-cr-159 MEREDITH Jr., Cleveland Grover
1:21-cr-32 REFFITT, Guy Wesley
Bob – no protestor who entered the Capitol had a gun. If you dispute this fact, please identify by name the protestor who was convicted of having a gun.
I’ve repeatedly pointed out that anyone who wants to know can search the following database for “firearm”:
https://www.justice.gov/usao-dc/capitol-breach-cases
In my response to iowan2, I just gave the five names that come up in that search.
And if you search on “weapon,” it will pull up people convicted of having weapons other than firearms.
Your pedantry is noted and ignored.
You’ve been hiding behind the pedantry of “arms” when I present facts concerning guns on Jan 6th.
Pathetic troll
I f***ing pointed out to you that if you search on FIREARM (i.e., gun), there are 5 people who’ve been convicted of having firearms with them at the Capitol on J6. You’re the pathetic one here.
1:21-cr-26 ALBERTS, Christopher Michael
1:21-cr-4 COFFMAN, Lonnie Leroy
1:21-cr-496 IBRAHIM, Mark Sami
1:21-cr-159 MEREDITH Jr., Cleveland Grover
1:21-cr-32 REFFITT, Guy Wesley
All of them had GUNS.
at the Capitol on J6.
And you repeatedly responded with that nonsense to the claim that no guns were brought INTO the capital.
You are the liar. Now you are a coward as well
Edwardmahl,
That is correct.
The FBI confirmed no one inside the Capitol building had a gun other than the CPD.
“First, this was not a riot, it was an armed attempt at keeping the person that lost the election in power.”
False, there were no protestors with Firearms at the Capitol – that is well established.
Secand the objective – as stated by Trump and many many others – including the proud boys was to inspire congress to refuse to certify the vote . That is legal, constitutional and not an insurrection.
And no this was not even close to any defintion of insurrection.
If you broaden insurrection sufficiently to include this – that make the protests at Portland an insurrection.
The take over of part of Seattle and insurection OWS an insurrection, the Kavanaugh protests and insurrection, the Supreme court protests and insurection, the BLM protests and insurrection.
Arguably Biden is fostering insurrection by allowing the US to be invaded at the southern border. Not only are their hundreds of thousands of illegal immigrants entering each month, but drug dealers, gang members and people on the terrorist watch list.
Biden allowing the SPR to be sold to China would be providing aide and comfort to an Enemy.
Biden releasing $6B to a state sponsor of terrorism would be giving aide and comfort to an enemy
Our founders defined Treason in the constitution specifically to prevent YOUR Orwellian idiocy.
No you are no0t entitled to mangle words to your own content.
This was not an insurrection, it was not even a consequential riot.
“Read the reports of those arrested, there were hundreds of armed people, some with guns”
There were no guns on the capitol grounds (aside from law enforcement) there were no guns inside the Capitol.
This is well established – even your own records establish that.
“many with sticks, batons stolen from police, flag poles, and other sundry items.”
Correct – things they found at the capitol AFTER the riot started – AFTER the CP lobbed tear gas into the crowd.
“They were yelling to kill the VP and speaker of the house.”
Actually they chanted hang pence – and they had a rickety gallows that would not hold a stuffed animal with a sign that says “This is Art”.
No one had an Axe – as at the Kavanaugh protests.
No one had frozen water bottles – as at pretty much every left wing protest ever.
No one had water bottles with Urine in them. Again any left wing protest ever.
No one brough lasers to blind the police – as the left did constantly at Portland.
There were not molotov cocktails – as at mkany of the BLM protests as well as portland and the riots outside the WH in may.
There was no arson.
No one brought briks – as was the case at many BLM riots as well as Clinton’s Pussy Hat riots in 2016.
It is self evident to anyone except a brain dead moron that no one came with the intention fo violence or rioting.
“This was not a Sunday school picnic no matter how much you keep trying to give us revisionist history.”
Correct it was a political protest. It was an excercise of free speech. It was petitioning government, it was public assembly – all first amendment rights.
It was a protest against a party and those in govenrment who the more we learn the more corrupt we learn they are who in numerous ways – some known or suspected on J6 and some not known until later engaged in illegal and unconstitutional election rigging.
You seem to be under the delusion that because SOME of the claims of election fraud were weak or unlikely that all were false,
Or that it is that voters are obligated to prove that an election was lawless and corrupt.
The burden of conducting elections that people trust rests on the GOVERNMENT – not the citizens, not the candidates.
We do not conduct elections lawfully, transparently and with significant oversite so that people will trust them.
When as in 2020 we do not – the people have the right to protest, to demand that congress refuse to certify the elections.
Actually even that is NOT the criteria. We are free to protest an election even if it is conducted PERFECTLY.
The first amendment is not only for those who are right ion what they say. Nazi’s have free speech and can protest.
Pro-Hamas protestors have free speech and can protest.
Hopefully we will finally learn through discovery what really happened. The official line has never seemed plausible. It never made sense that so few officers were available. I’d love to see Pelosi under oath on that decision. I’d also like to learn more about what government employees were involved in going from the speech into the building, and what roles they played.
Also, why were these protesters treated so differently from the others in “the summer of love”? I get that this involved the Capitol, but the video I first saw was the one where the doors were opened for the group and the employees were escorting them through the building. I was shocked that there was a shooting of Ashli.
The “mostly peaceful protests” were anything but and involved multiple deaths, burning, looting, and destruction (including government properties) amounting to losses in the billions of dollars and no one was charged? In this case, the sentences were very harsh and the investigation involved citizen spies like 1984, and was the largest investigation ever by the FBI.
Discovery may be the most fascinating part of this trial. Many have said, with quite a bit of reasonable proof, that FBI agents dressed up as MAGA were both inside the Capitol before the doors opened and on the lawn encouraging protestors to rush the building. So, was Babbit killed as a result of government entrapment?
Over the years, many have said that the Earth is flat. Doesn’t make it true. There is no evidence “that FBI agents dressed up as MAGA were both inside the Capitol before the doors opened and on the lawn encouraging protestors to rush the building.” Which is why you can’t present any.
If that is the case, why did the FBI refuse to confirm or deny before Congress of their use of undercover agents?
You don’t quote them. You’re also moving the goalposts.
Wray testified to Congress you imbecile. He would not deny it. He could not. If there were none there he could easily deny it.
Three years have passed since the J6 riot, so why are we only now hearing about Lt. Byrd’s fraudulent radio transmissions – an act that clearly goes to his guilt for murdering Babbitt? His lies after the fact only compound his “consciousness” of guilt. Judicial Watch is a magnet for attracting informants and information from insiders who may be reluctant to otherwise make known crucial facts lest they be terminated from their jobs that are not protected under all the civil service laws that pertain to the Executive Branch. In 2021, the city of Minneapolis agreed to pay the family of George Floyd who was murdered by a Minneapolis police officer the sum of $27 million to settle a civil case. We will know the truth if and when the Congress or the Department of Justice reaches a similar settlement with the Babbitt family over Byrd’s murder of Ashli Babbitt. The difference is that in the Floyd case, the murderer was sent to prison whereas Byrd may escape this fate by his protectors on the Hill and in the DOJ. Murder has no statute of limitation and so we can hope that a new Attorney General next year may rectify this national scandal.
You have a black man shoot a white woman, so what’s the problem?
We should now proclaim January 6th as Ashli Babbit Day
Nothing like discovery during legal process to shine the light into dark corners. Too many issues lacking plaintiffs with standing and sufficient financial resources to move forward will fall by the wayside for lack of prosecution. Not enough ‘pro se’ patriots willing to take up the cause.
I wonder if there will be an attempt to settle this case to avoid discovery.
I wish the family and their legal team much success. The facts need to be presented and weighed in a courtroom.
The whole thing SMELLS along with those involved and the review. We should have a true Independent Review away from DOJ and all other actors. The truth may be painfull and expose powerful people but it must be done and we must have accountability.
If Ashli Babbitt had been a participant at one of the left-wing riots that gutted our cities, Lt. Byrd would be in jail, convicted of murder, and there would have been more riots protesting her death. The DOJ would have been all over Byrd and would not have rested until he was convicted. The double standard is just so obvious in this case and in the case of all the January 6 protesters that only a rabid partisan could deny it.
Pudnhead, your great comment belies your name.
GREAT!!!!
“evidence that an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent.”
Derek Chauvin could not be reached for comment.
Peaceful tourists “began to force their way through, and Babbitt started to climb through a broken window”, in order not to disrupt the legitimate transfer of power.
Also, down is the new up.
I’m sure if the halls were loaded with BLM “tourists”, predictably every real
American here in the comments would be calling for much more patience and restraint from the police who faced the “riot” that day…
And all because an always-whining snowflake covered in orange paint barfed about Cancun Ted Cruz stealing Iowa.
No, no, that Hillary rigged 2016.
No, wait, sleepy Joe, who did “nothing in the Senate for 50 years”, masterfully worked behind the scenes to steal a national election.
45’s Dumbbell Doctrine states: “I’m Rubber and You’re Glue”
So steal the election by accusing the other side of stealing the election, with zero evidence subsequently presented in court.
Multiple Americans died that day, because a lifelong faker, narcissist, and abject conman couldn’t let go of that level of bully-pulpit attention. And so the cult needs concocted martyrs like Babbit to rally around.
A veteran died at the hands of the police, which is awful. But there are consequences to breaking into a building, as I’m sure many self-loving patriots here would otherwise advocate.
And of course, when it came to protestors who engaged in a riot in particular, a certain someone once asked, “Can’t you just shoot them?”
Typical answer by a lefty communist. Bet you loved all the murders by antifa and blm in 2020. Byrd murdered her. Period. The fact you make every excuse under the sun is hilarious. He violated the fed standards for use of force and they even admit to it.
So I guess you agree with “a certain someone” that it’s okay to just shoot them, or is it only okay for conservative rioters?
D, since when are there “consequences for breaking into a building”? Just last week the pro-Hamas rioters took over the CA statehouse. A few years ago the rioters took over the WI statehouse. All of 2020 rioters took over, burned and killed with impunity. In 2020 the mob forced the president to flee into the bunker as they burned a church and rioted. Amount of protesters killed—-ZERO.
Calling balls and strikes for a riot isn’t easy, but here goes…
Ashli screwed up. No reasonable person would have done what she did, God rest her soul.
And it’s looking increasingly likely Officer Byrd screwed up and shot a woman unnecessarily.
In any given riot, you’ll get at least two wrongs that don’t make a right. That’s how riots roll.
But the truly preventable screw-up is the Democrats cynically building a false narrative to gain political advantage. That didn’t happen during a riot. That was a carefully crafted set of lies and exaggerations adopted by people who were supposed to show some authority. Officer Byrd’s er, uh… whitewashing… is but one example.
To quote your hero, Karl Marx, “History repeats itself, first as a tragedy, second as a farce.” Ashli’s death was a tragedy, and your farce is still selling tickets.
“likely Officer Byrd screwed up” “Ashli’s death was a tragedy, and your farce”
Diogenes, I am deep into conspiracy theory on this one solely because so many things have been hidden. I want Byrd tried for murder with a hefty sentence. That, however, is not what I really want. I want leverage to hear what the officers were told and how they were prepped. Did the Pelosi group purposefully heighten the sensitivity of the trigger finger? I think Byrd is the perfect person to explore some of these things, working things up the chain. I want to know why he was where he was and who put him there.
There may be a low yield in this, but J6 was a conspiracy of the Pelosi and leftist crew. We need the truth, something hidden by Pelosi.
Yup, you’re deep into conspiracy theory on this one.
No he’s not. I support Alan on this. Pelosi is the most devious and divisive speaker since the Civil War.
Conspiracy theories: Every Trump impeachment, every claim of anti-Semitism or racism of Trump. Add most of the court cases against Trump that presently exist. The rest should never have been taken to court.
Your present record on most of the substantial questions where there are ideological differences is about 20:0 or 20:1. When you are right, it is because suddenly you read the facts. You can only argue about small things and aren’t worthwhile to discuss things with.
@ Anonymous
Being “deep into conspiracy theory” does not make the theory incorrect. Virtually every important revelation of politically tinged malfeasance in the history of mankind started out as a “conspiracy theory.” Two of the most consequential “conspiracies” of the past 50 years (Watergate and the Snowden NSA revelations) were at first laughed at and dismissed as mere “conspiracy theory.”
Based on the government misconduct that was revealed in the Whitmer kidnapping trials, I think such an investigation is both warranted and necessary.
“So steal the election by accusing the other side of stealing the election”
I love that !! Such A MASSIVE lack of self awareness.
When you are prepared to win “by any means necescary” – you are not to be trusted.
When you use lawfare to outside of the constitutional process change election laws at the last minute to destroy trust and transparency – you are not to be trusted.
When you claim the courts found no evidence when the FACT is the courts refused to allow evidence to be presented – you are not to be trusted.
When you use Social Media to censor the truth about Covid, about govenrment policies, and worst of all about the candidates, politics and the election – you are not to be trusted.
When you engage in massive ballot harvesting – you are not to be trusted.
When you unconstitutionally and illegally use Federal govenrment – law enforcement, as well as government funded contractors to censor political speech – YOU HAVE RIGGED THE ELECTION.
Whether you like it or not – it is 2024, and things have changed.
Today people KNOW that you engaged in mass censorship to win the election.
People KNOW that you lied about Covid to take over the election.
Increasingly they KNOW that you have lied about J6.
More and more people KNOW that the TYRANTS are on the left.
That your accusations are “confession through projection”.
On issue after issue they KNOW that you have LIED in order to hold power.
And that you are continuing to abuse power to keep it.
You KNOW that you cant win a fair election.
You can not win an election that is on election day – as the constitution requires.
Where voters must prove they are who they say they are and are eligable to vote on election day – as many states require and as a supermajority of voters want.
Where All voting is done in person – on election day, and where all votes are counted by midnight on election day so there is are fewer oportunities to cheat.
Where all ballots are cast and counted at the precinct nearest your home, Where there are fewer than 30,000 voters in each precinct.
Where there are election monitors from both parties monitoring the election and the counting with the right to object everywhere.
Where the entire election is conducted transparently with oversight by the press and the public.
Where govenrment does not engage in unconstitutional and illegal political censorship,
Where government does not pay others to engage in unconstitutional and illegal censorship.
Where each and every voter votes in secret in a voting booth, where parents, kids, spouses, party officials never get anywhere near a voters ballot and can never know have a voter has voted.
Basically where the election is conducted the way it has been for much of the past century.
We did not have voter ID in the past, but election officials KNEW voters by sight.
I will be happy to eliminate the requirement for voter ID if precincts are no larger than 5000 people so that there is a good chance election officials KNOW voters.
Professor Turley, please apply the same critical eye with which you have outlined Ashli Babbitt’s death in this column.
As you have found with the Babbit case, there is much more to be learned, but please consider this:
https://www.theepochtimes.com/article/false-claims-haunt-family-of-woman-who-died-on-jan-6-post-5514135
“The beating of an unconscious Trump supporter by a DC Metropolitan Police Department officer at the U.S. Capitol building on Jan. 6, 2021, was deemed to be “objectively reasonable” after an investigation by the department’s Internal Affairs Bureau, The Epoch Times has learned.”
https://www.theepochtimes.com/us/police-beating-of-unconscious-rosanne-boyland-was-objectively-reasonable-department-rules-4267104
Tell me, what legal basis re: the use if force would justify “beating of an unconscious” person?
After all you have learned about the death of Ashli Babbit, why would you not question the government’s claims surrounding Boyland’s death?
More resources for your consideration:
“ Boyland, from Kennesaw, Georgia, traveled to Washington for the Save America rally at the Ellipse on Jan. 6. She is seen on video entering the Capitol tunnel, walking next to conservative activist Philip Anderson, while bystanders continue filing in toward the double doors leading into the Capitol.
About 2 1/2 minutes later, police begin pushing the crowd back. Boyland is seen at one point looking down at her feet as the mass of humanity flows back toward the entrance. Less than two minutes after that, she disappears from view, after falling. Police continue to push the crowd out of the tunnel, causing bodies to pile up on the stairs.
A man wearing a blue cap and a jacket with a fur-trimmed hood points at the ground and pleads with police to stop pushing. Others in the crowd try to hold off the police, desperately signaling that people are down on the sidewalk. Despite the pleas, police make another push against the crowd, sending more bystanders down the stairs.”
ntd.com/exclusive-dramatic-new-video-shows-efforts-to-revive-lifeless-rosanne-boyland-on-jan-6-2021_906703.html
And finally, from October 2023:
theepochtimes.com/article/false-claims-haunt-family-of-woman-who-died-on-jan-6-post-5514135
The killing of Ashli Babbitt was almost certainly a criminal homicide. DOJ exonerated Byrd of the crime of violating her constitutional rights because they could not prove he acted “wilfully.” There are various degrees of criminal homicide that do not have this strict mens rea standard. DOJ said nothing about them.
Babbitt was unarmed. Her hands were in the air when she was shot. Byrd saw no weapon. The only people in the room were police officers — the politicians had already left. No warning was given. Byrd lied about other shots having been fired.
Like much else about J6, this was a grotesque miscarriage of justice.
“Byrd lied about other shots having been fired.”
And has a documented history of gross irresponsibility, e.g., leaving his service weapon in a public restroom.
Apparently there were some confused reports of shots having been fired, but none were.
The section in the complaint on negligent perception/assessment is well done.
And no shots were fired in the Lobby, or at Byrd and the other officers there, as he said on the radio after he shot Babbitt. This was a flat out lie, likely intended to justify after the fact his shooting of Babbitt.
Daniel,
Well said.
Did you see Ashli when she was shot? Were you there?
I thought not.
Nor were you.
And note the evidence the good professor comments on is significant evidence of an unjustified shooting and a weak cover up.
“the politicians had already left”
A number of Representatives were still in the House chamber, and the Speaker’s Lobby opens directly onto the House floor.
ATS tried this argument on earlier discussions and failed.
Byrd can be tried in the future? Yes? No?
The DOJ already decided not to indict him, so no, he won’t be tried.
Just because the DOJ wouldn’t indict him at one time doesn’t mean they can’t indict him in the future.
He is guilty of killing another person without adequate reason. We have many police officers who were tried after shooting and killing a person who was much more of a threat.
Roseanne Boyland got beaten to death by Capitol Police officer Lila Morris. There is video. The official lie is that she died of an amphetamine over dose. If you believe that, you probably believe that Officer Sidenick got murdered by a fire extinguisher.
And the Murdering Cops got gold medals and hardy praise from the mastermind herself….Pelosi.
Wendybar – Saw that vid of that woman getting the hall beaten out of her, that officer didn’t stop after that woman dropped to the ground. She dies of drugs but St. George didn’t die from drugs??
@ Margot Ballhere – “She dies of drugs…”
You over state what is known: Dr. Francisco Diaz of D.C. Medical Examiner’s Office ruled in the first week of April 2021 that Roseanne Boyland died from accidental “acute amphetamine intoxication.” But he made this determination long before the videos of her beating emerged. That notwithstanding, even is she was suffering from “acute amphetamine intoxication” it is not at all clear that this was the “proximate cause” or just a contributing factor to her death. She was obese, she was tear gassed, she was trampled, and she was beaten. Indeed, the correct “proximate cause” of her death was heart failure (as it is with all “drug” overdoses) but her heart failure may well have been caused by any of the other attendant factors surrounding here death. After all, plenty of people with “acute amphetamine intoxication” do not die.
A patent abuse of police powers that resulted in her untimely death all covered up by a corrupt DO(in)J. I like the family’s chances but it’s gonna depend on the jury pool.
PS The only real death resulting from Jan. 6th.
As a former LEO, I am highly concerned that the DOJ and the USCPD conspired to justify a clearly unjustifiable use of deadly force. While at the same time perpetrating clearly unconstitutional criminal charges against many present that day. One thing that stands out to me, is there were many opportunities for the members in the chambers to leave the threat area well before any breach.
I would like to agree with canucksaylor that history will reveal all, but I doubt it. We know who writes history and who publishes books. I so wish that all people would be interested in the truth about the actions on J6 and we could know the whole truth.
JG Gordon, I think Winston Smith is now writing the history books.
The further from Trump’s presidency we get, the more we are discovering about the lies and coverups, the mis and malfeasance of government actors.
This is as I expected, and I suspect that history will give a very negative judgement on the actors, and the media who have not been honest with their audience.
@canucksailor
I hope you are correct and we can bookend this period of insanity. Right now it honestly looks like we could go either way. I confess I was smug about Trump initially too, and I still don’t care for his style, but what has followed in nearly every quarter has been unprecedented and so very far beyond the pale.
canucksaylor, James,
Well said.
As we can see, the Biden admin and the Democrats are becoming more and more desperate with all their various lies, their corruption and now even going full Iran in blocking candidates from the ballot. To what other lower levels of desperation will they sink?
Absolutely, and I would warn this will get WORSE before it gets better. I do not know what nonsense is coming next,
Except that the next violation fo the norms by the left will be more egregious than the last.
I do not honestly beleive that Democrats expect to win the remove candidates from the ballot nonsense.
My GUESS is that they are hoping that Trump supporters riot or engage in violence.
Thus far that is not happening.
One of the things that Democrats fail to grasp about most of their tactics – is they only work once.
Elections are NOT supposed to be like Sports contests – with the rules constantly changing and each team changing tactics all the time to counter those of the other. But unfortunately that is what has occured in the US.
Interestingly the tactics of Democrats since 2022 have been backfiring against them.
The weaponization of law enforcement against Republicans and Trump – is driving voters towards republicans rather than away.
That is not what I would have predicted. But maybe voters can not cope with the cognative dissonance of democrats.
Impeach Trump for asking for an investigation of Biden’s corruption.
But then when in power – weaponize DOJ/FBI against political enemies.
Or maybe it is the bad economy. Or maybe it is the return of endless wars ?
Whatever the reason voters do not appear to be buying what democrats are selling.
Allegedly polls are not showing this yet, but my expectation is that Trump’s gains over Biden will be mirrored in Senate and House and other races.
The mess we have right now is Owned by Biden – but NOT alone. Democrats bear their share of responsibility too.
Further Trump is up by a bit over 2pts now.
Alot can change before November, but most of the change that is likely – favors Trump.
There is a snowballs change in h311 of trying Trump before November.
Further though polls show a conviction would cost trump votes, that was supposed to be true of indictment, or removing him from the ballot or ….
One poll showed that black men are MORE likely to vote for Trump if he is convicted.
Biden is NOT going to get an outcome in Ukraine before November that will not negatively impact him.
Nothing is going to change in the Mideast that will improve Biden’s election prospects.
It is highly unlikely the economy will improve.
It is highly unlikely that the Biden Syncicate will be exhonerated.
It is highly unlikely that Biden will get more competent.
BTW I do expect violence. I expect violence from the left if it looks like Trump will get elected.
I expect more violence by the left if Trump is elected.
And democrats have backed themselves into a corner regarding election challenges and recounts.
If Biden loses the general election. he can not challenge the election because he has already claimed doing so would be illegal.
I have no idea what will happen in November. But Trump lost 2020 by less than 45,000 votes in 3 states.
Allegedly Biden won the popular vote by slightly more than 4%. currently Trump is leading Biden by 2.2%.
That is more than a 6% swing – and THAT is why democrats are terrified.
We can fight over all kinds of election rigging in 2020. But at Best Election fraud of all forms altered the outcome by 1-2%.
There is absolutely nothing that Democrats can do in 2024 to overcome a 6% swing in the electorate.
The reason for the massive lawfare, the reason for weaponizing the courts, is because democrats have no hope of winning otherwise.
The tactics used to win in 2020 will not work if the electorate has swung 6+% to Trump. They will not work if the electorate has swung 1% towards Trump.