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
Federalism is the opposite of states rights——svelass
A grand jury decides guilt or innocence—-svelass
Sedition is a form of insurrection—-svelass
Sedition is just an insurrection without violence——svelass
Sedition and insurrection are in the same statute——svelass
Not everyone who shoots gets a medal——svelass (who is too ignorant to know that no individual got a CG medal from j6)
“no individual got a CG medal from j6”
You’re either a liar or an ignoramus.
https://www.theguardian.com/us-news/2021/feb/12/capitol-police-officer-eugene-goodman-congressional-gold-medal
The guardian lmao
News from feb 2021 about an award that was given to the the capitol police in august 2021
Nice
Who is the ignoramus? You are.
Please cite the public law that awarded that guy a cgm
Ad hom is a common fallacy. I don’t care what you think about the Guardian. The Congressional Gold Medal awarded to the Capitol Police as well. But your claim was about “no individual,” so the separate award to the CP is irrelevant.
There was no award to that guy, you fvckstick. Thats why i think the guardian is sh*t.
Its not ad hom. It has clear basis.
Cite the public law that awarded that guy a cgm or stfu and crawl back in your bubble.
See this is the problem with you goddam bedwetters getting your “news” from the Guardian.
Go read your own source, fvckstick.
He wasnt awarded jack sh*t. The Senate voted to approve it. That is all.
Below you can go to your other favorite, wikipedia and find the full list of CGM recipients.
You are a LIAR and an ignoramus, and a POS coward who posts anonymously.
Identify your cowardly self, so you can get correct bulling on the Wall of Shame
This is from Tom. Idk why it posted anonymous
Quite the vocabulary, Tom Tom! “Publick skool” graduate, I assume.
Yea, thats what i thought. Not so big mouthed now, are you. Easy to see why you post as Anonymous
Here you go, mr double down on stupid.
https://en.m.wikipedia.org/wiki/List_of_Congressional_Gold_Medal_recipients
You might note that I dont make statements of fact that can be easily disproven. Thats what the Wall of Shame aka the Lefty Turd Farm is for.
Man up and claim your star, Mr Guardian
I refuted it almost instantaneously. With his own article. And proof that Eugene Goodman NEVER received the CGM.
TIMELINE:
The Hour Between 2 and 3 PM
Shortly after 2 p.m.
Protesters break windows and climb into the Capitol. They open doors for others to follow.
A member of a pro-Trump mob shatters a window with his fist from inside the Capitol after breaking into it on Jan. 6, 2021.
A few minutes later, Pelosi is ushered off the House floor.
2:20 p.m.
The Senate is called to recess, and the House is called to recess shortly after.
The building goes into lockdown.
Around this same time, Capitol Police officer Eugene Goodman saves the Senate from a very close call, waving Sen. Mitt Romney, R-Utah, to safety and then diverting protesters who were steps from the Senate chamber.
2:20 p.m.
The Senate is called to recess, and the House is called to recess shortly after.
The building goes into lockdown.
Around this same time, Capitol Police officer Eugene Goodman saves the Senate from a very close call, waving Sen. Mitt Romney, R-Utah, to safety and then diverting protesters who were steps from the Senate chamber.
2:24 p.m.
Trump tweets: “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution.”
He continues with more baseless claims about a fraudulent election.
2:38 p.m.
Trump tweets again, calling for support of the Capitol Police and law enforcement. He urges people to “stay peaceful.”
But at that moment, inside the Capitol, the riot continues to unfold.
Shortly before 3 p.m.
Rioters break into the Senate chamber. Many jump from the balcony to the floor below. They climb onto the podium and take photos and selfies, and they rifle through papers lawmakers left behind.
https://www.npr.org/2022/01/05/1069977469/a-timeline-of-how-the-jan-6-attack-unfolded-including-who-said-what-and-when
………………………………….
One can see that during the hour Ashli Babbitt was shot, pandemonium was breaking out. For the first time in history, the U.S. Capitol was being invaded by an angry mob that was quite possibly armed.
During this hour, there was the very real danger that U.S. Senators and Representatives would be taken hostage while the Vice President might possibly be lynched!
Amid all this chaos, Professor Turley claims Officer Byrd should have remained perfectly calm and tried to spare Ashli Babbitt’s life. As though Babbitt’s life took priority over a hostage situation!
Or maybe the 3 SWAT team members standing right behind Ashley should have grabbed the unarmed 115lb woman and prevented a horrific unnecessary death.
“an angry mob that was quite possibly armed.” Was it armed or not? Byrd was not entitled to speculate that it was armed.
Yes, there were a number of people who had weapons. Just search the database for “firearm” and “weapon”: https://www.justice.gov/usao-dc/capitol-breach-cases
Coprophilic commenter ^^^^
Elvis bug, who doesnt know the meaning of coprophilic but does knew what its like to be a troll
Not Eb.
And I used the word knowing its meaning. If you’re the same troll who wasn’t willing to look up the meaning for him/herself, so be it.
Yes, there were a number of people who had weapons
Say guns, or just go away. The Stupid word games using the words , “arms”, or “weapons” is old, and stupid
Edward said “armed,” which refers to a variety of weapons.
As for guns, I already gave you the names of 5 people convicted of having firearms with them in the Capitol on J6. You just prefer to ignore it.
“Just search the database for “firearm” and “weapon”
So Byrd was justified in shooting *Babbitt* because he knew about the “database,” before it was created, — a database showing that *others* allegedly possessed weapons.
He’s not only a “hero.” He’s psychic.
Derek Chauvin was preposterously charged with murder for following department policy he had been trained in, employing a restraint procedure that had been used 247 times in Minneapolis with no deaths.
The brave and courageous Michael Byrd shot and killed the unarmed Ashli Babbitt in lieu of attempting to physically restrain the much smaller and weaker female.
What at man, what really big man!
Dear Prof Turley,
What are the odds of 4 CPD officers committing suicide within months of J6?
Although, like you, I watched the events of J6 unfold in ‘real time’, my initial reaction had been to counsel everybody [I know] within ear-shot of greater Appalachia not to attend that crazy shindig. Stupid aint’ the word for it. .. who holds a ‘Stop the Steal’ rally two weeks before the ‘peaceful transition of power’?
Congress should have impeached him, that’s who.
Although, unlike you, I did not criticize Trump in ‘real time’ on J6, my initial reaction that day was why didn’t any brave congress creatures come out to ask these American-constituent loony tunes what they wanted? I mean, step out onto the Capital veranda with a bullhorn and ask these ‘patriotic’ Americans what the he!! they wanted*? Clearly, this crowd could not ‘Stop the Steal’?
In any case, I think the ‘wrongful death’ tort for Ashli Babbitt is appropriate. Although I suspect any relief will hinge upon the context of her being an ‘insurrectionist’, or not. .. double ditto: Trump.
After all, one man’s insurrectionist, is another man’s freedom fighter.
*I think I could have talked sense to the Q-non Shaman. He only had some horns and a bag of fairy dust to treat the wounded . .. and thought he was best *short-term* Senate president we’ve had in the 21st century.
Mayne because they were never really police officers to begin with. They joined the capitol police as glorified tour guides and hall monitors, never expecting to have to do real policing.
#Free The Q-non Shaman . .. he got 4 long years for some dust in a baggie.
One man’s insurrectionist is another man’s mostly-peaceful protestor.
She was in the wrong to have climbed up the side of the building and through a broken window. Should she have been shot? And as you say, I watched in real time as the stanchions were moved and people quietly walked through the doors of the Capital and through the main hall. I was quite surprised. They did not rush through the hall. It did not seem as if anyone there were weapons to take over the Capital. No, they should not have entered offices and taken items. Is it possible that some people unintentionally ended up inside the Capital as the push from the back moved them forward? They knew a crowd was coming. I remember a day or two before hearing on the news that there would not be any extra security–Why?
Hi dgsnowden, the intent of the large protest (horribly disorganized, but grass-roots) was to encourage Republican Cong/Senators to challenge the electors (as Raskin/other Dems did in 2016) and return the challenges to the states in question for their legislatures’ review (all Constitutional) prior to the 20 Jan swearing in deadline. Democrats in 2016 and earlier did not have a Senator to back them, but for 2020 Republicans had several senators backing the effort for the first time ever. Nancy Pelosi was able to stop the proceeding due to the “emergency”. This description adds context: https://theconservativetreehouse.com/blog/2024/01/06/fedsurrection-anniversary-day-they-needed-an-emergency-session/
Aside from your assertion that Congress should have impeached Trump – I agree with the rest of your post.
Democrats successfully stole the 2020 election. There was ZERO chance of the capitol protest persuading Congress to refuse to certify,
and high odds that something would go wrong.
While I do not beleive there was a formal organized conspiracy by the left to Make J6 turn violent, at the same time various left wing actors hoped for that and semi-independently did everything in their power to increase the odds.
And Trump should have KNOWN that he was being rope a doped.
Donald Trump and his idiotic followers are responsable for this lady’s death.
Frankly, I am suprised that the Capitol Police did not shoot more of these traitors.
This is spot on truth. Cuts right through all the other nonsense. Period.
TRUMP 2024 “TIME FOR REVENGE!”
Are you retarded? Just asking…
TRUMP 2024 “TIME FOR REVENGE!”
Professor Turley is obviously right that Ashli Babbitt “was clearly committing criminal acts of trespass, property damage, and other offenses.” Just to recap, the January 6 Capitol rioters assaulted & injured 140 law enforcement officers with pepper spray, bats, stolen police batons and other weapons. Numerous officers who were injured in the attack have left their positions because they are, to this day, physically unable to serve as police officers.
Curiously enough, a poll last week showed that 44% of 2020 Trump voters believe the FBI instigated the January 6 Capitol break-in. Ironically, a Trump supporter, Ray Epps–who pleaded guilty to breaking into the Capitol on January 6–filed a defamation lawsuit against Fox News for pushing the false narrative that Epps was an undercover FBI agent who helped provoke the riot.
Time for another recap. After Turley wrote extensively about the initial media portrayal of a confrontation between Trump supporter Nicholas Sandmann & a Native American at the Lincoln Memorial, Turley was markedly unconcerned when Fox News portrayed Trump supporter Ray Epps as an FBI informant who helped provoke the Capitol riot, even though Epps said the falsehoods destroyed the livelihoods of himself & his wife & he was forced to sell his business & move to another state.
Turley remained stone cold silent when Republicans, including Ted Cruz, pushed the political narrative about Ray Epps allegedly working for the FBI. Cruz said “A lot of Americans are concerned that the federal government deliberately encouraged illegal and violent conduct on January 6.”
Duly noted that Professor Turley apparently doesn’t think it’s worth his time & effort to extensively comment on the defamation lawsuit filed by Trump supporter, Ray Epps & to question why so many Trump supporters have been led to believe the FBI instigated the January 6 Capitol break-in.
What does this have to do with the allegedly wrongful shooting of Ashli Babbit? Nothing
30% of Biden supporters still think the economy is good and that the pee tape is real.
Are you one of them?
The family of Rosanne Boyland need to also file $30M lawsuit against MPD officer Lila Morris, etc. Officer Morris beat a defenseless, unconscious Rosanne Boyland.
Our nation may be all but finished. It is pathetic that people continue to justify or downplay the actions of this dreadful day. What do you think our founders would have done to these traitors? I’m done reading your columns Jon. You are simply writing now to appease the appetite of those who feed your salary. Good day sir.
Not for nothing, but you’ve had more than enough time to work out why Trump inspires such loyalty, why his supporters were there that day, and why the narratives were suspect. Nevertheless, you insist on maintaining the narrative, licking the hands of those who feed it to you. May posterity forget that those thus afflicted with TDS were ever calling themselves Americans.
Your mention of the founders in this context is laughably ridiculous.
Our nation may be finished but it has nothing to do with Jan6th.
Was that day as dreadful as the attack on Pearl Harbor?
No.
Was that day as dreadful as 9/11?
No.
The facts and evidence the good professor points out of the possible unjustified shooting of Ashli Babbit by Lt. Byrd that you are trying to downplay or ignore is why our nation maybe finished.
Good day to you.
Goodbye and good riddance.
I’m done reading your columns, Jon.
Promise?
I’ll stay tuned for your comments tomorrow and the next day and the next day…
Remember Ashli Babbitt
-January 6, 2021
One of the sickening parts of the police brutality occursance on January 6 is the despicable response by some members of the GOP.
The police acted wrongly and brutally and members of Congress encouraged and condoned it.
I am a former City Police Officer and a former Federal Special Agent Criminal Investigator and watched the video of the incident many times and did so very carefully.
I have no doubts about what I saw happen and there is no mitigating evidence for Byrd’s shooting of Ashley Babbitt….none.
If you watch the video you shall see uniformed officers and non-uniform officers inside the door way that Babbitt was crawling through
More importantly you shall see Uniformed Police Officers within arms reach of Babbitt behind her in the direct line of fire.
Those Officers were members of a SWAT Team (or equivalent) who reached out and caught her as she fell backwards upon being shot in the neck.
Those Officers immediately began basic first aid for the wounded Babbitt.
Those Officers should;have been stopping Babbitt from going through that window….they were not and did not.
Byrd was not being attacked, Babbitt had no weapon of any kind, her hands were fully occupied in her attempt to gain access to the other side of the window.
Byrd was not trapped, cornered or unable to retreat and what’s more he was not in a physical confrontation with Babbitt.
Members of Congress were not at risk, were not trapped, and were not cornered and were not in reach of Babbitt or any other Rioter…..they were not at risk of any harm.
Byrd was not at risk of immediate harm.
Byrd’s only defense is he panicked, discharged his firearm negligently, and with malice….intentionally.
That defense only explains why he did what he did….and does not provide a legal defense.
During the conduct of the Investigation it is reported that Byrd made no Statement…..which if true fatally indicts the Investigation and kills it as dead as Ms. Babbitt.
In my training and experience at both the local and Federal level squarely indicts Byrd’s actions.
The use of deadly force is the very last resort an Officer is entitled to use in any situation.
Operative word is “last”….not first, not at anytime desired…..and then not just “last” but “very last”.
Officers were standing in front of the door and window where Babbitt was shot….but stepped aside immediately before she attempted to make entry.
Watch the Video….watch it carefully…..did Byrd do that or not?
Did he and other Officers come to the window and simply push Babbitt back into the arms of the Uniformed Officers standing within arms reach of her?
The ones who stepped aside and stopped trying to defend that entry way.
Nothing about this makes the events of January 6th any less repugnant or defensible but the government itself is culpable for the violence as it was grossly unprepared in its plans and operations to safeguard the Capitol.
Then, it has sought to shift blame to others for its failures beginning with the investigation of the shooting of Babbitt followed by the Select Committee and ultimately with the US DOJ.
This Civil Case done in a jurisdiction where the Rule of Law still exists and there is a pool of Citizens that will decide the case fairly…..Byrd et al are going to pay dearly.
They should and hopefully they shall.
Ralph,
Thank you very much for your analysis, insight, expertise and comment.
Well done Ralph. Thank you for your service and insight.
IMO, the shooting was accidental and due to improper firearm handling. The videos I saw showed his finger inside the trigger housing, rather than along side of the housing which would be procedure. If this was a Glock, it is an “unsafe” practice. I’m not sticking up for shoddy policing, just the lies the police told to exonerate him. He did not have to shoot. He go off with “one free second degree murder”.
She was shot in the shoulder, not the neck. If you can’t even get basic facts right, it doesn’t inspire confidence in your claims.
“She was shot in the shoulder, not the neck.” Well I guess that settles the negligent homicide issue???????????????
Another Anonymous idiot.
No, of course it doesn’t settle the negligent homicide issue, nor did I suggest that it did. That will be settled in court, not in the comments here.
Excellent comment, Ralph.
REGARDING ABOVE:
Ralph Chappell is Tom/Estovir! And here he claims to have had a law enforcement career!
Tom/Estovir has been doing this for years. One of his puppets is always weighing-in with personal ‘expertise’ that bolsters the talking points of all Tom/Estovir puppets.
“I happened to work at blah, blah blah–
“For 30 years I was the blah, blah blah–
‘As someone who met blah, blah blah–
“By chance I was at the blah, blah blah–
“My doctorate was in blah blah blah–
And what are your credentials, mate?
lt. byrd is black. THe person he killed was white. Byrd was lauded for his bravery.
Officer lila morris is black. The person she killed on Jan 6 was white. Morris was lauded and received several awards, including from Biden.
Can you imagine the fallout, if we switched the races of victim and officer?
https://humanevents.com/2023/01/27/posobiec-officer-lila-morris-badge-number-5869-beat-a-protestor-to-death-on-steps-of-us-capitol-on-jan-6
“Family of Ashli Babbitt Files $30 Million Wrongful Death Action”
Is that a Typo? It should be: Family of Ashli Babbitt Files $𝟑𝟎 𝐁𝐢𝐥𝐥𝐢𝐨𝐧 Wrongful Death Action
I have no problem with the family filing suit, but if you’re going to try to discuss it, deal honestly with all of the relevant facts, not just the ones that align with the story you want to tell.
For example, it wasn’t simply “a window near the House Chamber.” It was a window into the Speaker’s Lobby, which opens directly onto the floor of the House, at a time when some members of Congress and staffers remained in the House chamber. And Byrd said as much: “I know members of Congress, as well as my fellow officers and staff, were in jeopardy and in serious danger. … If they get through that door, they’re into the House chamber and upon the members of Congress.” So when he says “Once we barricaded the doors, we were essentially trapped where we were,” that “we” wasn’t just Byrd “with other officers,” as JT claims. It included members of Congress.
I’m not going to pick apart the rest of what JT says here. Ultimately, what he says (and what all of us say in response) is irrelevant to the legal case.
Your keyboard diarrhea is what was irrelevant.
“some members of Congress and staffers remained in the House chamber.”
Name them.
News reports said it was nearly 3 dozen Reps. and some staffers. I don’t have all of their names. Some have spoken publicly about it, including Rep. Jason Crow, Rep. Peter Welch, Rep. Mike Quigley, Rep. Val Demings, Rep. Mikie Sherrill, Rep. Pramila Jayapal, Rep. Norma Torres, Rep. Annie Kuster, Rep. Susan Wild, and Rep. Jim Himes.
I dont care who spoke about it. Or false news reports. Which of then were named or will be called by the government, as witnesses in this case.
I already gave you 10 names of members of Congress who’ve spoken about being trapped in the House chamber after others were evacuated, and I couldn’t care less what you do or don’t care about.
And each of them is a known liar. Look at those names.
AOC and Nancy Pelosi also blatantly lied about their whereabouts and circumstances.
So i dont care what you do or sont care about.
And yet we KNOW from multiple videos that claim is FALSE.
Either the Representatives lied, the media lied or you are lying.
I would further note – you are talking about the house chamber. Alishi was shot outside the Speakers lobby.
That is a different room.
Though we do know the chamber was empty – because we have video of chanley -= the so called Qanon Shaman in the chamber.
No one was trapped.
This is like AOC’s claim that she was trapped – when in reality she was not even in the capitol and no protestors were in the building she was in.
You get all this stufff so wrong all the time.
Is it any wonder no one beleives you about anything ?
Can you atleast get the actual facts of something very well documented correct ?
John Say,
They keep repeating the same lie over and over again.
@Upstate @johnsay
Yep, and they will continue to so in hopes it’ll stick. Which is why it’s so important to refute vague gaslighting with detailed fact. This case is using the courts for their actual, intended purpose, and that will not support their falsehood, so naturally it must be attacked.
RE preparedness: Pelosi refused the National Guard or additional security. If this were truly expected to as egregious ‘as Pearl Harbor’ (which is insulting and which it was not, anyone with a brain and two eyes can see), why’d she do that, as a first measure? And the list goes on and on. Amazing how people were magically teleporting through the buildings that day.
A cynical person might think it was so they could throw up their prop fence later. The J6 ‘hearings’ were in the works for a long time, right down to hiring Hollywood people to ‘produce’ the finale. It’s ridiculous and revolting.
John, pay attention to the actual claim: “some members of Congress and staffers remained in the House chamber.” It was not a claim about the Speaker’s Lobby.
“yet we KNOW from multiple videos that claim is FALSE.”
BS.
“you are talking about the house chamber. Alishi was shot outside the Speakers lobby.”
Idiot, I know that. I distinguished between the House chamber and the Speaker’s Lobby in my comment. And will you EVER spell her name correctly??? It’s ASHLI, not Alishi. You’ve already misspelled her name over a dozen times just this morning, and I can find plenty of examples of your misspelling in it previous columns. ASHLI.
“we do know the chamber was empty – because we have video of chanley -= the so called Qanon Shaman in the chamber. ”
FFS, John, Chansley (note the spelling) was in on the floor of the SENATE, not in the HOUSE chamber.
YOU get all this stuff so wrong all the time.
At the time of the shooting the lobby was empty except for Byrd.
This is confirmed by Multiple videos from a variety of angles.
Many congressmen and staff exited through that lobby.
Some prior to the protestors arriving at the doors to the lobby a few after.
But all were on the otther side of the doors on the opposite side of the labby when The CP officers guarding the doors moved away and Alishi went through the window.
If you have not seen the videos – you should not be making claims.
And njews reports are notoriously warped regarding this. All you need to know how bad the news reporting was is that pretty much all the pictures and video run by the media is FALSE COLOR.
There is lots of other evidence of media bias – but that alone is enough.
There is video of this from multiple angles.
Everyone but Byrd was out several seconds before Byrd fired.
The CP officers on the protestors side were securing the doors while people were in the lobby and moved away when the lobby was clear.
THEN the windows was broken and Alishi crowled through and was shot.
Ultimately, what he says (and what all of us say in response) is irrelevant to the legal case.
Sticking to the facts, instead of the claims of the murderer.
He lied about shots fired. That’s an admission of guilt.
Curl up with you pedantry and pretend your relevant.
Technically it is not an admimission of guilt, but it is a fact that the jury can use to infer a guilty mind and an attempt to cover up.
Yea, consciousness of guilt is the correct term i believe.
So it’s okay to murder someone for climbing through the wrong window? Got it, thanks!
Wrong, any reasonable person can see the officer’s actions were was justified, especially after the newest video of the attack from a different angle that just came out. BTW, I’m a Trump supporter, but this one isn’t even close. She chose to take part in the riot and took it too far and unfortunately this is what happened.
What threat did she pose?
There are numerous video’s from many angles. None justify this shooting. Frankly it can not be justified without video.
But the video’s make the shooting worse.
If you think you have a video that shows Alishi with a weapon – provide a link.
If you have a video that you think justifies the shooting – provide it.
If someone was climbing though a window to your house and there were hundreds of others trying to get in also, it would be a clean case of self defense to shoot them.
This was not someone’s house.
There were not hundreds behind her. A dozen and dont forget the other CPD officers outside with her. No one had firearms other than the CPD.
Hey Sammy, to keep to your moronic example of “if this was your house” I will ask what you would say if there were reports of a riot coming to “your house” and instead of calling the police (i.e. The National Guard) your wife ripped the phone out of the wall and said NO POLICE. Now imagine that instead of the police coming to your aid and waiting in your house you just sit in wait and shoot a woman coming to your door as she has 5 cops escorting her to your house.
No one was in the speakers lobby at the time except Byrd. Watch the video. The CP officers on Babbits side of the door blocked access to the door until the Lobby was cleared. When it was cleared, they moved away and Alishi was THEN shot going through the window.
The only person in the lobby at that time was Byrd.
Further while there was no one in the lobby at the time Babbit was shot – that STILL would not matter.
She was not armed and she was not an immediate threat to anyone else.
As Turley noted with a different case – Byrd would have been driminally culpable even if other people were present, and she had a gun pointed at her own head – or anywhere EXCEPT at another person.
As to what Byrd said – that is already proven false by the video, further Byrd had told multiple different stories.
Not raised in Turley’s article is the Fact that Byrd was involved in other instances of recklessness involving firearms.
And yes all these things are relevant.
How about trying a command, before you shoot someone? Or, putting hands on her. He obviously panicked. In any other circumstance, he would have been charged with something.
This is going to be a very easy case. There was a large violent mob forced their way into the Capital and were attempting to get into the House Chamber, where Members of Congress were located. The door that Babbitt was attempting to enter was the last barrier between the mob and Members of Congress. That she was unarmed is not relevant because she was backed up by a violent mob. None of the relevant facts are in dispute. Had she got in and gotten that door open and hurt or killed even one Member of Congress, the history of the US after Jan 6 would have gone much differently. It was a justifiable shooting and this case should be dismissed quickly.
Sammy Metamucil says:
“into the House Chamber, where Members of Congress were located. “
Name them. Or be re-labeled a coward and a liar.
Tom the Troll forgot posts anonymously here, but kept his avatar to out himself.
There was a group of people invited into the Capital by the Capital polices. The group became violent when Capital Police used flash bang grenades, and rubber bullets, against the group. Zero of the protestors carried guns. ZERO guns were brought into the Capital by the Protestors. Inserrectionist without, guns, (Yep thats the delusion Dems want you to believe)
“ZERO guns were brought into the Capital by the 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
The FBI confirmed NO guns were found INSIDE the Capitol building that day. Only CPD had firearms INSIDE the Capitol.q
No guns were found in the capital because those who had them kept them.
That is amazing how you seemingly know what happened when you were not there. That the CPD never found anyone with a gun inside the Capitol building.
This is what happens when someone becomes a zealot. They think they can read minds, they think they know things the possibly cannot know as they were not there. They think they know what someone is going to do in the future.
Prove it. Quote them, and be sure to give the date of the quote, so we can see whether the person who said it was fully informed.
Not in the capital
You’re in denial.
ZERO guns were brought into the Capital by the Protestors.
Thanks for agreeing with him, numbnuts.
There were no guns at the capitol, in the capitol or on the capitol grounds.
The gun charges are for people who brought guns to DC and left them in their hotel room or in their car.
No, the gun charges I just cited are for people who had them in the Capitol.
No, they are not
Iowan2 – can you provide a cite to this ?
I am not aware of Flash Bangs or rubber bullets being used inside the capitol. Or outside anywhere but the west tunnel entrance.
The West Tunnel entance violence – which si by far most of the violence that day was a comedy of errors on the part of the CP.
First they accidentally used a Tear Gas Grenade on themselves and retreated into the tunnel.
Then they accidentally lobbed a tear gas grenade into the crowd, and you get a clear ring of people pushing away from the tear gas.
The grenade landed about 10ft behind the barriers and as the crowdlfed where the grenade landed – in ALL directsions – SOME pushed over the bariers to get away from the tear gas.
And that is what started the conflict at the west tunnel.
“That she was unarmed is not relevant because she was backed up by a violent mob.” This is a verbal sleight of hand. The fact that she may have been part of a mob does not mean that she was “backed up” by a mob. She was not a leader being followed by everyone else. The “right” to kill her without warning would exist only if the members of Congress likely faced great bodily harm. Since the protesters were unarmed, while the officers were armed, there was no justification for believing that anyone was at risk of GBH.
Edwardmahl,
A well said comment using logic, common sense, the rule of law and the standards for GBH.
Members of Congress did likely face great bodily harm. Also there were for more people in the mob then the police officer had bullets.
The rest of the mob were right behind her and helping her get past the door.
They were so violent, they walked between the red velvet cue lines, they took selfies, some even got guided tours by the CPD.
They were so destructive, Congress resumed it proceedings a few hours later and completed their business.
Oh, and some of the people BEHIND her, were CPD.
I said it just after I saw the video of the shooting; it was an unjustified shooting, it was manslaughter, the officer should be charged, but what we go was a government white washing of an illegal shooting.
I think the government will settle this so a genuine full discovery of all the facts does not have to be released. I think they continue to coverup all the facts of that day and find a way to slam the books on any investigation that attempts to counter the narrative presented by the political left.
Bingo. The govt will first try to destroy the family, if that fails, buy them off.
“The complaint below adds some troubling facts to these prior concerns.”
Complaints don’t add facts, they add complaints, some of which may turn out to be facts. This lawsuit has zero chance of winning, much like several of those filed by Trump for larger amounts that ultimately were thrown out or withdrawn.
Yep, the impeachment inquiry vote of Biden had zero chance of winning. Trump had zero chance of winning. The Russian hoax had zero chance of being false. The laptop had zero chance of being real.
Oh, and my favorite one from you, Trump was found guilty of rape.
I almost forgot, that needs to go on the Wall of Shame.
There is zero chance a useful thought will be posted by you today.
The only thing working against this suit is the corrupt Biden DOJ
We know what you’d be saying if it was a white cop, surrounded by nothing but other cops, who shot a black man coming thru that window, completely unarmed.
I’d be saying if any cop had a right to fear for his life it was that one. Why are you bringing race into this, I certainly didn’t.
Why did Byrd have to fear for his life?
Jeopardy for Byrd’s life was close to non-existent when he fired at Babbitt. You damned many police officers who shot another person when their lives were in jeopardy. Why, then, not now? Some have an answer, but I would rather have your reason.
Do you mean after he shot an unarmed woman?
Because I know what you’d say if the skin colors were reversed.
The unarmed wonam leading the charge? What do you imagine those tourists would have done once they reached him. The amazing thing about January 6th is that more rioters weren’t killed while committing criminal acts.
Enigma, Babbitt was not leading the charge. In fact, prior audio was offered saying that she was trying to quiet people down. George Floyd was guilty of multiple crimes and died of an overdose and disease. His death was not due to the police officer. He was restrained in a fashion taught to police.
Was Chauvin too aggressive? That is for someone else to decide, but his actions were part of the police protocol.
Why is Chauvin in Jail and not Byrd? Why were there no riots in favor of Babbitt, but we had riots in favor of George Floyd where people were killed?
That type of action and your type of talk creates racism. That is something you are guilty of.
The charge. Listen to yourself. Good grief.
There is a protocol. It was not followed. The rest of your hyperbole is irrelevant.
You are correct that the suit has little chance of winning,
but that is purely because of the politically biased nature of or federal law enforcement and judiciary.
the “claims” in the lawsuit are alleged facts that the plantiffs and their lawyers have asserted that they verified to be true.
If these are clearly false the plantifs will be subject to sanctions.
I would note that MANY of the “facts” are well documented facts.
There are already findings associated with the investigation that cleared Byrd. As Turley notes – those findings do NOT clear byrd.
With respect to the rest – many of the “alleged” facts are self evident in the video all of us have seen.
Byrd’s radio call is a matter or record – are you claiming that it was made up ?
What “facts” are you disputing ?
Are you claiming Alishi was armed ? No one found arms in her posession – in fact no one at the capitol that day was armed.
Are you claiming that Byrd did not risk shooting the other officers when he fired at Alishi ?
That is self evident from the video we have all seen.
Are you claiming that Byrd was acting to defend himself or others – the video clearly shows that the Speakers lobby was empty except for Alishi before Alishi tried to go through the window.
The family of George Floyd won a similar settlement.
This despite the fact that Floyd died of a drug overdose – 3 times the fatal amounts of meth and Fentanyl in his blood according to the autopsie. There is also an issue there because the cause of death as reported to CDC in the first 24 hours did NOT list law enforcement as a factor. CDC codes the records as they receive them, return the coding to the state, and the CDC coding – which is cardiac arrest due to drug overdose is STILL on the official deth records, though the text has subsequently been altered.
Regardless Floyd died of a drug overdose – while resisting arrest after being arrested for passing a counterfiet $20.
Floyd was repeatedly asked to get into the patrol car. He was only subject to restraint when he resisted for a long long time.
And it was impossible for 4 police officers to get him into the patrol car.
Floyds family won an approximately $30M wrongful death lawsuit.
Babbit has a better case.
Babbit was not armed, did not resist arrest No effort was made to arrest her. Byrd did not identify himself, Byrd was hiding such that Babbit did not even know he was present.
Whether you like it or not you may not kill people who are tresspassing.
I would further note that Rose Boylan did NOT die of a drug overdose. She died as a result of being beaten while on the ground by CP officers – again there is video. Boylan was on doctor perscribed medication and had taken her normal dose.
John Say,
Well said and a good presentation of facts and evidence.
This location was one of FEW places at the Capitol on J6 were there were clear crimes committed.
The Tresspass claim for people just entering the capitol is garbage and should never have been charged.
But Alishi and those with her attempting to break down the door to the speakers lobby were Tresspassing and engaged in destruction of property.
Alishi is not innocent.
But Tresspass into the private parts of a public building and destruction of property does not justify an officer that has not identified himself shooting recklessly killing Alishi and endangering the lives of others – including several CP officers.
At the time she was said to have been trying to stop the crowd. I think she was an MP in the military. These things need to be carefully looked into. That $30 Million is a great incentive.
She has little chance of succeeding because she was in the act of committing a felony and the risk she presented was not only her but the mob sure to follow.
She presented the risk of the mob sure to follow. Listen to yourself. Follow her where. Into the hallway? Thru that little window she could barely get thru. Funny she presented a grave risk to that idiot but not to his fellow officers outside the door. Do you even say this garbage out loud???
I would like Babbitt’s family to win but I am mostly interested in discovery here and elsewhere.
ENOUGH OF THE CONSTANTLY CATERWAULING AND INORDINATELY GREEDY PARASITIC LEECHES AND DEPENDENTS
_______________________________________________________________________________________________________________________________
“IT’S OK TO BE WHITE?”
– Rasmussen
HALF OF BLACKS SAY NO.
_____________________________
“Blacks are a hate group.”
“As you know, I’ve been identifying as Black for a while – years now – because I like – you know, I like to be on the winning team.”
“The best advice I would give to white people is to get the hell away from Black people.”
“Just get the f*** away.”
“Wherever you have to go, just get away because there’s no fixing this.”
“You just have to escape, so that’s what I did.”
– Scott Adams, “Dilbert”
__________________________
“THERE’S NO FIXING THIS!”
“There’s no fixing this” even for the deranged, hysterical, incoherent, bleeding-heart, anti-American communists (liberals, progressives, socialists, democrats, RINOs, AINOs).
If you turn this around that a white Capitol Police plainclothes officer, shot and killed an unarmed black woman, there would be no end to the cries of racism and excessive force by the left, including every single Democrat representative. The double standards that are so obvious are getting out of hand. When a government begins to do whatever it wants, ignoring law and process, the outcome usually is not beneficial to a nation.
“If you turn this around”
nbcnews.com/news/us-news/pregnant-woman-suspected-shoplifting-fatally-shot-ohio-officer-grocery-rcna101911
cnn.com/2023/09/01/us/takiya-young-ohio-police-shooting/index.html
As with covid, it’s the spin, the event was bad enough on its own. Nobody sane thinks the riot was justified or wise, but we can’t be asked to ignore the rest. It is madness, the summer of 2020 was madness, defund the police is madness, the POTUS sowing all of this division and hate utilizing official channels is madness. What Ashley did was phenomenally stupid, the Democratic party’s response has been magnitudes worse, and all of it could lead to someone else doing something even more foolish and tragic, if that is possible to imagine.
Misspelled ‘Ashli’
Just wait til John Say shows up. He consistently misspells her name Alishi.
LOL. I point out how John Say’s going to misspell her name, and two minutes later he shows up and repeatedly misspells her name.
I care far more about the FACTS than spelling.
Regardless we have been through this before.
I am not paid to post. You are not my editor.
I have actually been published many times. When I am paid to write – I get spelling and gramar correct, and if I do not there are editors to correct that.
I do not give a schiff about your spelling fetish.
Idiot, the correct spelling IS a FACT.
Why do you care ?
Because she’s a person and deserves to be called by her actual name.
And because your consistent misspelling of her name — your inability or unwillingness to attend to her actual name — tells us that you’re bad with details.
The U.S. Capitol Police do not come under the Department of Justice and the well established DOJ use of force standards. Their only oversight is Congress, which at the time of Ashli Babbitt’s shooting was Speaker Nancy Pelosi. As a career law enforcement officer, the justification for this shooting has always been problematic as the USCP officers (including Lt Byrd) had access to several other non-lethal options such as tasers, pepper spray, batons, etc., which were not deployed Lt. Byrd’s decision to “go to gun” just doesn’t pass muster (at least to me anyway).
The criteria for the use of deadly force by law enforcement is part of the federal code. It applies to ALL federal law enforcement.
Otherwise you are correct.