Report: The Officer Who Killed Ashli Babbitt Had a Long History of Disciplinary and Training Problems

I have previously written about the dubious investigations of the shooting of Ashli Babbitt on Jan. 6th and the alleged violation of the standards for the use of lethal force by the officer who shot her. I strongly disagreed with the findings of investigations by the Capitol Police and the Justice Department in clearing Captain Michael Byrd, who shot the unarmed protester. Now, Just the News has an alarming report of the record of Byrd that only magnifies these concerns.

Liberal politicians and pundits often refer to multiple deaths from the Jan. 6th riot. In reality, only one person died that day, and that was Babbitt, who was shot while trying to climb through a window. However, the media lionized Byrd and portrayed the killing of the unarmed Babbitt as clearly justified. That is in sharp contrast to the approach that the media has taken in other shootings by law enforcement.

An unjustified killing by police on that day was inconsistent with the public narrative pushed by the pundits and the press.

As I have previously written, what occurred on Jan. 6th was a disgrace. However, it was a riot, not an insurrection. (It was certainly not an act of terrorism as claimed by some Democratic politicians). A protest at the Capitol resulted in a complete breakdown of the inadequate security precautions, a failure that House Speaker Nancy Pelosi privately admitted but only recently was disclosed.

The failure of Pelosi and others to properly prepare for the protest, despite the offer of President Donald Trump of 10,000 National Guard troops, does not excuse the conduct of the rioters who attacked the Capitol, interrupted the constitutional process, and committed property damage.

Babbitt was one of those rioters. She was wrong in her actions, but the penalty for breaking a window and unauthorized entry is not death in this country. I previously spoke with her mother, Micki Witthoeft, and her husband, Aaron Babbitt, about their continuing effort to expose what occurred that day.

The new report confirms what many of us had previously heard about the Byrd controversy.

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 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 of killing a suicidal man holding a gun to his 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 that “no further action will be taken” in the case. He then demolished 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 new report confirms prior accounts that Byrd had prior disciplinary and training issues. According to Just the News, they included “a failed shotgun qualification test, a failed FBI background check for a weapon’s purchase, a 33-day suspension for a lost weapon and referral to Maryland state prosecutors for firing his gun at a stolen car fleeing his neighborhood.”

Given this history and the shooting of Babbitt, Rep. Barry Loudermilk, R-Ga., the chair of the House Administration Oversight Subcommittee investigation, wrote to express concern over Byrd’s promotion to captain. Those incidents included Byrd firing at a car and allegedly misrepresenting the incident in claiming that “he fired at a vehicle trying to strike him when the evidence fellow officers found at the scene indicated he shot at the vehicle after it had already passed him and no longer posed a threat.” The letter states the Office of Professional Responsibility found that the evidence did not support his claim and “OPR concluded that the evidence suggests Byrd ‘discharged his service weapon at the vans after they passed him by.’”

The concern is that the political environment — and powerful interests in Congress — demanded that Byrd be cleared. As discussed in my new book, The Indispensable Right,” the Justice Department had publicly pledged to bring “shock and awe” in prosecuting anyone associated with the riot. Finding that the only person killed that day was an unjustified shooting would not exactly fit with the narrative.

The incidents also include allegations of improper handling of his weapon, including reports that Byrd left his service weapon in a public bathroom in the Capitol Visitor Center complex used by tourists and visitors.

The Babbitt family has continued to fight to force the facts into the open and has filed a civil case. A trial is now set for 2026.

Here is his letter detailing the disciplinary problems of Captain Byrd:

11.20.2024 Letter From Rep. Barry Loudermilk to USCP Chief of Police Manger.pdf

Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”

 

 

398 thoughts on “Report: The Officer Who Killed Ashli Babbitt Had a Long History of Disciplinary and Training Problems”

  1. OT, so Jaguar just launched Bud Light 2.0 with a woke ad showing a bunch of trans models in neon-bright colors. The ad shows no cars but presumably it’s meant to sell cars. Or maybe not. The creator says it’s not about selling cars but about diversity and inclusion. The ad ends with “Copy Nothing” across the screen.

    Um, where to start? “Diversity and inclusion” is such an old, stale trope by now that how is it copying nothing? The ad includes a copy of the iconic Apple 1984 ad. So it’s a blatant copy. The ad is all about trans, which by definition is one gender copying another gender. The ad’s motivation is a copy of Bud Light’s motivation to get rid of the prior image of the company. And on and on it goes. (And I won’t even get into the fact that the woke university leaders are the very ones embroiled in a plagiarism scandal.)

    1. It’s insane that marketing groups have to see what is happening to other companies, and think “This time, I will be the one to do it right and everyone will love us.”
      It’s like the boardroom meeting meme.
      “How will this help us sell more cars?”
      “Wait, sell cars?”
      (Also, hilarious that a car company commercial didn’t even show a car, just a rock.)

    2. And the Jaguar add will either succeed or fail – and that is the market working.

      One of the big problems with Woke is that at its core it is about everyone who is not a handicapped weight challenged black, muslim MTF Trans identifying as a goat, feeling guilty because they are lower on the idex of the oppressed and therefore must be an oppressor.

      That is NOT a winning message.

      But Jaguar is free to try to sell it, if it can.

      1. True, I would not want them to be blocked from running ads. But I’m also free to point out the hypocrisy and childishness of their marketing team.

        It’s like with Ben & Jerry’s ice cream. I despise their politics and would not buy their products no matter how tasty. But it would never in a million years occur to me to block them from opening a store in my town. By contrast when Chick Fil A sought to open a location in my town the liberals blocked it because they had once donated to the Fellowship of Christian Athletes, and thus were deemed “homophobic.”

        1. OMFK

          I have zero desire to stop you or individuals from boycotting or favoring anything for any reasons.
          Boycotts are just an extreme version of they core principle that makes markets work – self interest.
          Sellors produce what they think Buyers want in order to profit.
          Buyers buy – or refuse to buy – reflecting their wants and needs.
          The choices of buyers are a signal, information that restructures the market to meet the needs of EVERYONE.

          But this goes to h311 when the use of force is involved.

          Trying to persuade people to act as you wish – is fine.

          But when you use FORCE to shut down campuses – to to make laws that override the choices made by individuals.
          That is a huge problem.

          In your example – those on the left can refuse to patronize Chick-a-fli-et.

          They can not use govenrment to thwart it.
          If Chick-a-fil-et builds a store in their town and it fails because no one buys that is markets working.
          If the municipality thwarts them that is distortion.
          That is those with government power saying that those who want Chick-a-file fo not get to express their choice through the market.

          1. Agreed. The people on the left do use government power to restrict the market though, which is the problem.

          2. Agree or disagree with you(I’m probably mostly in agreement),after the overlong and bombastic,constant posts,I wonder,do you ever just shut up?

  2. * The case of Ashley Babbitt is an injustice.

    These are the criminally insane.

    Trump can pardon those unjustly imprisoned. He can pardon himself for unjustified convictions this is a good. Perhaps the new DOJ can do more good.

    1. My understanding of law is exposure to it on this site and others, but as far as I can recall, I think there is an exception of executive pardons and state-level issues. I know the Smith case is sunk, but if Merchan actually decides to go ahead and say F it, given it’s a state-level case, Trump cannot pardon himself from that.

      1. Trump can not pardon anyone – himself included for State offenses.

        But this case was a loser from the beginning.

        The only question EVERY has been how long would the adults allow the children to f#$k arround.

        Merchan is delaying – because there is nothing else he can do.

        Either he MUST throw this out, or it will be obliterated any of a dozen different ways on appeal.

        The purpose of this case was election interference. It failed. It resulted in backlash.
        Voter have acquitted. The courts must do the same.

        The more important issue is how do we stop this from happening again.

  3. OT

    NEWS FLASH! Trump nominates Florida blonde as next AG. Odds-makers take a beating!

  4. And yet, he was protected. Much like Jussie Smollett who “just happened” to have a “modern day lynching” hoax a few days before Kamala released her Anti lynching bill to Congress. Hmmmmmm….and yet people wonder how and why this keeps happening.

  5. Jonathan: Still beating that dead horse, i.e., that Jan. 6th was just a “riot, not an insurrection”? That isn’t what the CO trial court and the Colorado SC court found. Last year both district judge Wallace and her bosses on the CO SC found the attack on the Capitol was an “insurrection” and DJT was the chief insurrectionist and, therefore, not entitled to be on the ballot. SCOTUS ruled on appeal that that alone should not keep DJT off the primary ballot. But the Court never ruled on whether Jan. 6 was an “insurrection” or whether it was just “riot”. So we have two state courts that have ruled Jan. 6 was an “insurrection”. No other court has ruled on the issue–not even SCOTUS. So despite your claims can you find any case authority for the proposition that Jan. 6 was just a “riot”?

    Having lost that claim you now come up with the fantastical theory that Nancy Pelosi is somehow responsible for not calling in the National Guard to put down the insurrection. Blaming the victims for the assault on the Capitol is really bizarre. But you falsely claim Pelosi failed to “properly prepare for the protest, despite the offer of president Donald Trump of 10,000 National Guard troops,…”. The record is clear. It’s in Jack Smith’s DC indictment and the voluminous evidence. Neither DJT nor anyone in the administration asked for 10,000 National guard troops!

    Finally, you have this weird theory that officer Michael Byrd should be held civilly liable for the death of Ashli Babbitt. I suppose reasonable minds can differ on whether the shooting was justified. Byrd killed Babbitt in the midst of a violent attack on the Capitol where Capitol officers were attacked and beaten. Byrd was defending Senators, Representatives and staff fleeing for their lives. The attackers were looking to kill Pelosi and Mike Pence. Under these circumstances Byrd did what he thought was reasonable under the circumstances. I seriously doubt any court is going to find otherwise.

    You and your brethren on the right are leading the charge to try to re-write the history of Jan. 6th. Jack Smith is also writing his report that no doubt will be released before he leaves office. Will historians rely on Smith’s report or that fantastical story invented by you and your supporters in the right wind media? I think I know the answer.

    1. What evidence the they use to determine it was an insurrection? What witnesses? What law enforcement testified?

      They were slapped down. Period.

      1. Never seen anywhere in history where an insurrection was performed without weapons. Coups, yes, but not the people rising up.

    2. Dennis is losing it now that Trump is President elect.

      He thinks a court in Colorado is qualified to determine what happened in Washington on J6

      Bwahahahahaha what a stooge

    3. DM – can you identify exactly which Capitol officers were “attacked and beaten”. Please provide names and injuries. It should be easy, since prosecutions would have been made.

      1. edwardmahl: According to the Nov. 6th, 2024 report by the US Attorney’s Office for DC “over 140 police officers were assaulted…” Probably because of privacy concerns the report does not include the names of the injured or the nature of their injuries. But some prominent Capitol police officers testified at the Jan. 6 House Select Committee hearings. Other than that you should do your own research. I am not here to do the research for you.

    4. It was an unfortunate riot that was incited by poorly trained, inexperienced and poorly lead Capital Police in the typical and expected government incompetence manner. It was not an insurrection. That is a Joseph Goebbels-like, repetitive talking point lie.

      Did you hear that NBC jettisoned MSNBC? That means they are in the cycle of demise and will go by the way of the buggy whip and the outhouse. I give them a year or so before they fall into insignificance.

    5. There are no words to convince you that you are wrong. There are no concrete walls taken down by beating your head against it. Have a nice life!

    6. Your accusing Turley of beating a dead horse ?

      Wow, you get ONE or two lunatic courts in the country to buy nonsense and you think that Trump’s reality.

      Alishi was MURDERED – Lt. Byrd was dangeraous an incompetent and lawless and a criminal.

      But the left could NOT allow that – because holding Byrd accountable would be an admission that the Left’s J6 narrative is all lies.

      Sen. Casey has finally conceeded – it was however his right to challenge the election. During that challenge nearly everything that happened during the 2020 Trump election happened compressed in PA. Courts rejected Casey’s arguments. Casey and his lawyers made absurd claims – seeking to “Find more votes” State election boards nd officials tried to rig the election for Casey.

      Yet no one is talking about investigating ro charging Casey or anyone else for a crime.

      Because challenging an election is not a crime. Because claiming fraud is not a crime. Because asking election officials to find more votes is not a crime.
      Because protesting is not a crime.

      There were people that committed actual crimes, or were derelict in their duty on J6.

      Pelosi – Not Trump screwed up and created the circumstances where a legitimate protest turned into a riot.

      And contra the left – not much of one at that.

      The left told us all summer that emergency covid restrictions do NOT trump the right to protest.
      Those not on the far left were angry about that – not because BLM rioters were violating Covid retrictions, but because the hyopocracy of the protestors the left and the meida were on full display.

      Our rights – the right to protest, the right to free speech, the right to assemble are NOT subject to the whims of those with power when they can claim an emergency to restrict them.

      Congress was NOT free to go about its business AND thwart the ability of the people to protest.
      Congress has no right EVER to conduct its business unless the people can assemble, petition government, speak out, and protest.

      There was no insurrection on J6 – there was a protest. That protest turned into a small riot for many reasons – Those Trump supporters who engaged in violence have no excuse.
      But Pelosi’s failure to conduct the administration and security fo the capitol such that congress could go about its business AND protestors could vent thir spleen at congress for doing so is also inexcusable.

      The CP’s incompetence at tear gassing themselves and the crowd creating optimal conditions for violence at the west tunnel entrance is also inexcusable.

      Alishi Babbit and those with her attempting to chase down congressmen is inappropriate – particularly breaking down doors and busting windows to do so.

      Congress pretending that it could conduct business without having to do so in the face of pesky protestors was also a cause.

      We KNOW that there were FBI assets within the protest. We do not know their numbers or their role. Certainly they did not try to stop it.

      We KNOW that there were Antifa infiltrators. The famous video of Alishi Babbit going throught o the house antiroom and being shot by Byrd was taken by an antifa affiliate.
      We do not know the extent to which they provoked violence.

      But none of the above excuse trump supporters who chose violence. Most of the above has NOT been investigated – because god forbid anything should chanelnge the lefts idiotic notion that a small riot part of a larger legitimate protest was not hillariously in top 1984 form “an insurrection”

      The reality is it was not even close to an insurrection – MOST of what occurred at the capitol on J6 was completely legitimate.

      And those of you on the left are deparate to whitwwash anything that undermines your absurd claims.

      On Nov. 5th the people spoke – and they told YOU, they no longer believe your LIES.

    7. “you now come up with the fantastical theory that Nancy Pelosi is somehow responsible for not calling in the National Guard”

      Not the slightest fantastical. It is constitutional reality.

      The capitol grounds are outside the jurisdiction of the president and executive branch.
      The entire administration of the capitol is the responsibility of the congressional leadership – and primarily the speaker of the house
      And that includes security.

      Trump made the NG available to the CP almost a week before, and they were repeatedly rejected.
      Trump ordered them to be oncall ANYWAY. And they were at the DC armory waiting in a bus from 7am on the 6th onward – because Trump had ordered them to be available.

      All that was required was a request from the Capitol – Pelosi.

      The NG was there to put down a riot if needed,
      Or just to provide additional security so that a riot did not take place.

      If the CP had the assistance of a fraction of the NG – they could have set up metal detectors and allowed protestors to excercise their constitutional rights and stream though oeacefully – as most did anyway, protesting congresses certification of the election and moving on.

      We can not know Why polisi did not do her job – though we know exactly why democrats chose to lie and blame others – Trump.

      But it is entirely possible that she wanted violence.
      Or that she was afraid that allowing legitimate protests might give enough republican backbone to stand up to the fraudulent 2020 election.

    8. “Neither DJT nor anyone in the administration asked for 10,000 National guard troops!”

      And yet the Pentagon has an order From TRump days before requesting the NG be made available to the CP.
      And that order going down the chain of command is well documented .
      And the NG were sitting in a bus waiting to go to the capital at 7am on J6 as Trump had ordered.

      All that was EVER required – was Pelosi to say – the NG are allowed on Capitol Grounds and can operate under the direction of the Sargent at Arms.

      That is ALL – days before, or the day of.

      All of this is documented – we have the receipts.
      All of this has been testified to under oath by those involved.

      Once again you have bought a false narrative.

    9. “Finally, you have this weird theory that officer Michael Byrd should be held civilly liable for the death of Ashli Babbitt.”
      No he should be criminally liable.

      “I suppose reasonable minds can differ on whether the shooting was justified.”
      No they can not – this is an issue of law – again one of the problems with those of you on the left is that you constantly try to pretend the law is just a matter of opinion.
      You can not have a functioning society unless near everyone agrees on what the law is.

      You are free to try to change it if you beleive it SHOULD be different.

      “Byrd killed Babbitt in the midst of a violent attack on the Capitol where Capitol officers were attacked and beaten.”
      Mostly not true and not relevant.

      There were armed guards on both sides of the door that Alishi trie to go through.

      There was no violence there beyond breaking windows and baricades.

      Federal law does NOT allow the use of deadly force to defend property – especially public property.

      the legitimate use of deadly force requirese and IMMEDIATE threat of loss of life of severe bodily harm to you or others.

      No such threat existed – the protesotrs were NOT armed – the CP were – Byrd was.
      The congressment had left the chamber where Byrd was and were behind another locked door.
      That is specifically why the CP officers on Babbits side of the door moved away and allowed Babbit to pass through.

      As always you are ignorant of the law and the facts.

      As Turley pointed out – beyond all the rest – Byrd was reckless – he could easily have shot one of the CP officers behind Babbit.

      Byrd committed murder and recklessly endangered the lives of Babbit and anyone near her – and that include other CP officers.

    10. “The attackers were looking to kill Pelosi and Mike Pence.”
      Because you say so ?

      “Under these circumstances Byrd did what he thought was reasonable under the circumstances.”
      That is probably true and precisely why he never should have been an officer and why he is guilty of murder – because what HE decides was reasonable was a crime.

      If I decided it is reaonable to rob you – does that mean I can not be convicted ?

      “I seriously doubt any court is going to find otherwise.”
      The DC courts wont – but a TX court would.

      “You and your brethren on the right are leading the charge to try to re-write the history of Jan. 6th.”
      Nope – just undo the damage you have done to the truth.

      Dennis the FACTS are available – there is 50,000 hours of video – more than the few seconds the left features on the news.

      There are RECORDS rather that “naratives” – and more and more of those are coming out.

      The entirety of everything related to Trump Pelosi and the NG is unbelievably well documented – there is little the military does better than keep records of orders.
      And it has all been testified to under oath.

      Reps loudermilk and Massie have been recovering the evidence and testimony that the democrat J6 committee destroyed.
      Very shortly the I6 report will come out.

      We now have all the testimoney that was previously hidden, all the evidence that has been hidden.

      But we were going to have that anyway.

      The House was not the only investigation – the DOD conducted one – with witnesses and documents, and the IG is finishing up theirs.

      Whether you like it or not the FACTS, the RECORD have repeatedly obliterated your idiotic narative.

      “Jack Smith is also writing his report that no doubt will be released before he leaves office. Will historians rely on Smith’s report or that fantastical story invented by you and your supporters in the right wind media? I think I know the answer.”

      Historians in academia have a notorious left bent.
      But the FACTS will remain long after the naratives and leftist history books.

    11. Jonathan: Still beating that dead horse, i.e., that Jan. 6th was just a “riot, not an insurrection”? That isn’t what the CO trial court and the Colorado SC court found.

      Dennis is back to get his daily sexual gratification by insulting his host as usual and then getting an afterglow by lying to his face. Also as usual.

      Dennis hopes the Democrat Memory Hole covers his lying ass with today’s Daily Deuce subterfuge about those police state fascist courts! The ones slapped down by higher courts, just as Jack Smith got his ass kicked by appeals courts.

      Those would be the Colorado courts that decided they had the power to do all sorts of really cool police state fascist things. For example, declare that voters in their states could be blocked from voting for a presidential candidate those voters wanted but those judges loathed and didn’t want those voters to be allowed to vote for.

      For good measure, those police state fascist Democrat judges said they might as well go all in and declare that three hour riot an insurrection. Without explaining why not a single one of the Democrat prosecutors trying to take out Trump dared go so far as to charge him for insurrection. Despite the FBI acknowledging it wasn’t an insurrection. Despite Merrick Garland saying while under oath it wasn’t an insurrection.

      Which is why they got their police state fascist asses soundly spanked by SCOTUS, who told them to get back into their cages.

      Dennis knows all of this is true and the facts of the matter. Which is why this contemptible cull runs away and hides every day after his task of insulting his host and lying to his audience is complete.

    12. Dennis, not only are your idiotic claims WRONG,
      but the majority of people have voted saying that either
      Your Wrong.
      Or they Dont Care.

      It does not really matter which.

      Trump made it clear that he was pardoning most of those prosecuted for J6.
      Every single voter knows exactly what he would do as president.
      Some voted for him BECAUSE of this. Some DESPITE this. Regardless they voted for him.
      Equally important they voted that YOU are either lying or massively exaggerating – and they DON’T CARE.

      There is one thing about this election that is really really unique.

      More so than possibly any election in US history people KNEW what they were voting for.

      They KNOW What the Trump presidency was. They did not have to speculate as they did in 2016.

      Also because of 2017-2020 they KNEW that when Trump made campaign promises – especially those that are in his platform, that
      more so than any other president he was going to deliver.

      So When Trump campaigned regarding J6 – left and right voters KNEW what they were getting as president.

      And they REJECTED You.

  6. OT, there can now be no doubt that the ICC is a corrupt, antisemitic evil organization full of scum and villainy. The US should have absolutely nothing to do with it, and should denounce it at every opportunity.

    1. Was that before or after Hunter Biden sold US secrets to the enemy for crack? Or was that before or after Kamala Harris “first husband” slapped the crap out of his girlfriend? or knocked up his nanny, cheated on his wife, and forced the nanny to get an abortion? or was that before or after Hillary Clinton funded a coup against President Trump under the guidance of Barrack Obama?

      For being a PhD from CalTech, you sure have a way with objective facts

      Note to Nursing Home: keep Benson off of the WiFi network and secure his patient restraints after Noon daily

    2. No, the rioters did not. Must have been another of your fever dreams, Davey.

      Please, I implore you, take your Rivastigmine. It can help with these conniptions.

  7. So Gaetz is out.

    The only logical choice now is Rudy Giuliani.
    He can get to the bottom of the 2020 election fraud as well as Hunter’s laptop.

    Also, I hear that he could use the work.
    Apparently he has a lot of debts to pay off.

    1. I hear the reason Gaetz pulled out was because he was offered a much better job.

      He finally got his dream job as a girl’s high school soccer coach.

        1. Tim Walz tried to steal the valor of actual warfighters but he didn’t claim to be Airborne.

          I wonder why.

  8. What was going on was indeed an insurrection attempt.
    Surely Ms Babbit understood that entering through a broken window was illegal.
    The Capitol Police were doing their best while listening to cries of “Hang Mike Pence”.

      1. Out this way there used to be signs on property reading
        “Trespassers WILL Be Shot!”

    1. An insurrection where the protesters are unarmed and they want the current government to stay in power. Hmmmm.

      And the death penalty for crawling through an open window – meted out without a trial and no due process of any kind?

      You cruel, heartless person you. I’d love to see you tell that to Ashli’s loved ones face-to-face.

    2. Ashli Babbitt did not deserve the death penalty from a psychotic homicidal cop.  There were multiple cops in the area; only one fired a shot—a kill shot, not a disabling shot—at the head of an unarmed, physically inferior female.  Even the freaking illegal alien invader Venezuelan-cum-Mexican who killed Laken Riley didn’t get the death penalty when he richly deserved Drawing and Quartering.

    3. Oh yes, Davey, the old broken window statute. She should have fully expected she would be ahot in the neck for it.

  9. Professor Turley, there remain significant questions regarding the cause of death for Rosanne Boyland. It has not been proven that her death was drug overdose. One just needs to look at her physical beating by Capitol Police to conclude otherwise.

  10. JT is usually pretty good with facts. One lapse in this piece is the fact that Byrd fired at Ashlii’s right collarbone.
    That is not considered a kill shot in law enforcement doctrine, but rather a disabling shot. Contrary to the angry narrative circulated after J6th, there is no evidence that Officer Byrd intended to kill Ms. Babbitt, because very rarely will a shot at the collarbone region be fatal.

    As the medical examiner determined, the bullet ricocheted off the collarbone in the direction of the neck, and that is what resulted in the fatality.

    So, it was a random and devastating bullet trajectory. To ignore this detail, so as to impugn the officer’s motive falsely as using “deadly force” is very dishonest. It’s the kind of squirrelly narrative reshaping that we often accuse the left of.
    It’s disgraceful that the recounting of this death cannot be told as honestly as possible, leaving out key details to paint Byrd as sinister. Welcome to JT’s soft infowarfare.

    1. IShe was no threat to him or anyone else. Why would he need to even shoot in her direction? If, what you say is true.

    2. There’s no such thing as a “kill shot” or “disabling shot”. Using a firearm on an individual is considered deadly force and there is not a legitimate law enforcement agency that instructs otherwise.

    3. BULLS—! Brother Byrd had no idea, with specificity, where his bullet would strike – left eye, right ear, carotid, collarbone, temple. He shot to kill, not disable. Center mass is the primary target, not center head.

    4. “As the medical examiner determined, the bullet ricocheted off the collarbone in the direction of the neck, and that is what resulted in the fatality.” What a surprise! They are so far apart.

    5. What a clown show you are. There isnt a scintilla of truth in ANYTHING you just asserted.

      I mean, my god, how many hogwash statements can one make in only 10 sentences???

    6. “It’s the kind of squirrelly narrative reshaping that we often accuse the left of… Welcome to JT’s soft infowarfare.” It would seem that be “we”, you mean you and Dennis.

      OOOOHHHHHH…. a man of the right talking about the left! You’re not actually a cowardly Anonymous Democrat Marxist Useful Idiot… you’re actually a conservative/Republican from the right!

      Yes, of course you are. Welcome to another Anonymous Democrat cowards inept and sophomoric infowarfare.

      “That is not considered a kill shot in law enforcement doctrine, but rather a disabling shot. Contrary to the angry narrative circulated after J6th, there is no evidence that Officer Byrd intended to kill Ms. Babbitt, because very rarely will a shot at the collarbone region be fatal.”

      You are a pathetic ‘tard straight off the short bus for Jerry’s Kids. Speaking of evidence, where can everybody else go to read where this murdering thug officer said “I made the decision to take the collarbone shot as per my training in law enforcement doctrine”.

      Did you dream that collarbone shot/kill shot spectrum of force all by yourself? How long have the Capital Police been training officers to “take the collarbone shot”?

      This is why you feckless cowards post as ‘Anonymous’ and then run away to hide beside Dennis… or maybe you’re just another one of Dennis’s acts.

  11. A lot of comments here but I seriously think y’all need to get real. As any police officer in the U.S. would gladly tell you there was no part of Ashli Babbitt’s conduct on that day that warranted, having met the criteria per the force compendium, the use of deadly force. But, what we must also consider is that the Capitol Police are, very likely, a highly politicized force. Meaning, nepotism is always at play with many officers actually related to political hierarchy. These officers, to include possibly even Byrd himself, are also very likely donating to the party. To further pull aside that “blue wall,” just for a moment – such donations are quite often proffered as a means of compensating for shortcomings and/ or averting further disciplinary scrutiny and or/ sanctions. That’s a fact. But what these two elements create are “untouchables.” I don’t personally believe media and the DC cabal have been at all honest or transparent here. Add too that I was of the belief that Rosanne Boyland may have also died on J6 at the hands of Capitol Police officers. And, as we all know, the video available on the Net is not looking good. These two incidents should be honestly investigated. I don’t see how an America, as a nation of law, law as foundational, and dedicated to equal justice under the law, can possibly overlook these two incidents.

  12. OT

    “Federal Court Rules Defamation Suit Against MSNBC’s Andrew Weissmann Can Proceed”

    “A federal court has denied a motion by anti-Trump pundit Andrew Weissmann to dismiss a defamation suit by former White House lawyer Stefan Passantino over false claims that he had coached a January 6 Committee witness to lie.”

    – Joel B. Pollak

  13. Oh Geez
    I say it was easy to see
    That Gaetz would not become AG
    He had so much baggage
    He couldn’t fit into his character.
    This whole affair was a path to remove him from Office.
    If history is correct he resigned his post before confirmation
    Without a guarantee of the post
    I say he was forced out of any office by the party.
    It’s neither a loss, nor a defeat, just life.
    Rebel usually are punished!
    As Tintin may say: “Ten Thousand Thundering Typhoons”.

  14. Is “JT” Trump’s next AG pick? It is better than Billy Goat trail hikes.
    I’ll see you on the other side at Angels Landing in Zion, Utah.

  15. Trump IS the resistance (OMFK) says: The House margin is too thin for him to pick another representative.

    I would agree that you are probably correct. Unless it was the right kind of representative from a guaranteed Republican district where a good Republican replacement could be quickly elected – one guaranteed to win the election two years from now. Midterms are hard for representatives from the same party as the sitting president; historically alone, the House will probably be at great risk in 2026.

    Through all of this, whatever the position, including as Attorney General, is there any particular reason that an Attorney General that would gleefully take on the job of cleaning the criminality and malfeasance in that office up can’t be found outside of Washington DC?

    Only as an example (as I assume he would decline) would Reagan’s member of his DoJ working under AG Ed Meese, Mark Levin, be a suitable choice for an Attorney General who knows how the AG and DoJ work, to clean out the vermin embedded in both?

    There are sufficient attorneys and legal minds similar to Mark Levin out there to choose from to clean house at the AG and DoJ cesspools.

    That is, if the Trump team wishes.

    1. Yeah the new america is so much better now. Men ganging up on little girls raping and strangling to death, 100s of thousands of kidnapped children being sold to traffickers, suicide drugs, abortion rights, bottom out schools, …yeah its better.

      Congrats … isn’t Thanksgiving racist, too?

      Happy Thanksgiving, Christmas and Easter.

  16. The Left is not above covering for a murderer. Hell they do it all the time. In what universe, is an unarmed AF veteran gunned down during a riot for the crime of coming through a doorway. The perp is a coward and an incompetent it seems. No surprise over his profuse deflections and excuses. Explain those of his enablers, apologists and abettors.

    1. Oh and here’s an excerpt from the letter cited in the article revealing the judgment of Capt. “ShootemUp” Byrd and his judicious use of his a firearm:

      “The Subcommittee has learned that Captain Byrd was referred to the USCP Office of Professional Responsibility (“OPR”) in 2004 for an incident in Prince George’s County, Maryland in which, then-Sergeant Byrd, discharged his service weapon at a fleeing vehicle.4 On April 5, 2004, Byrd and his wife were awoken at their home by a “loud banging noise” coming from outside their residence. According to Byrd, he observed two vans parked outside his neighbor’s house. Byrd then retrieved his USCP credentials and service weapon and went outside to investigate further. (…) According to Byrd, the first van accelerated toward him in an apparent attempt to hit him. Byrd claimed he shouted “stop” and fired two rounds at the oncoming vehicle. According to the OPR investigation, Byrd’s neighbor who was also present said he was in the line of fire when Byrd discharged his service weapon. Byrd claimed that after firing at the oncoming vehicle, he jumped out of the way but that the second vehicle then drove toward Byrd in another attempt to hit him. According to Byrd, he then fired a single round into the driver’s side windshield and then jumped out of the way. After this encounter, Prince George’s County Police found both vans and conducted a search of the vehicles. According to Prince George’s County Police, there were no bullet holes in either van’s windshield. Police did find, however, a bullet hole near the gas cap of the second van. Police determined that the bullet entered the van from a “rear angle,” indicating the van was shot at from behind. One of the investigating officers observed that, “based on where [the bullet was found]…where’s the threat, because it [was] in the driver’s side rear quarter panel.” OPR noted that “based on the location of the shell casings and the angle that Sergeant Byrd alleged he discharged his service weapon,” Byrd’s testimony that he fired at the vans as they attempted to hit him is “inaccurate.” OPR concluded that the evidence suggests Byrd “discharged his service weapon at the vans after they passed him by.” Despite this, USCP noted that the investigation found insufficient evidence to determine Byrd violated USCP’s Truthfulness policy.”

      We all love an enabled liar don’t we?

  17. Gee. What a surprise. Again, for the umpteenth time: there is no excuse for our modern left. Yes, I am very much in agreement that breaking into the capitol was incredibly stupid, but no, it was not an ‘insurrection’, the ‘trial’ was a Hollywood produced tv show, and no, no one needed to flipping die, even if her behavior was beyond stupid, which it was.

    It is well known to MOST of us that Nancy declined Trump’s offer for assistance that Nancy very, very patently ignored. There will never be redemption for the modern left as it is currently constituted, but this comes as no surprise whatsoever. Absolutely shameful. Yet another disgrace in a litany of them for the modern left. How low can they go? That apparently remains to be seen, and I thank my lucky stars we told these ghouls to eff off in no uncertain terms in this country. Did not used to feel this way; thanks, Hillary, Obama, and Soros.

    1. They entered the Capitol building to pressure legislators to not accept non trump votes. This was an attempt at keeping the person that lost the election in power. That is the definition of insurrection. What is it about the motive of those that entered the Capitol Building you do not understand?

        1. Insurrection – an act or instance of rising in revolt, rebellion, or resistance against civil authority or an established government.

          Please explain how Jan was not the exact definition of Insurrection?

          1. They wanted the current government to stay in power. Nobody even brought a weapon. That’s one hell of a limp excuse for an “insurrection” 😂

      1. The actual insurrection was by those who claimed the election wasn’t stolen.

        Look what is happening in Pennsylvania where invalid votes were being counted to change the outcome. They actually dared to say court precedents have no force with them and that people break the law all the time.

        That attitude is rife in the Left. We see it in Venezuela and we see it here.

      2. They entered the Capitol building to pressure legislators to not accept non trump votes. This was an attempt at keeping the person that lost the election in power. That is the definition of insurrection.

        Anonymous Democrat thugs entered the Capitol building to pressure legislators not to confirm Justice Thomas. This was an attempt to prevent the vote that would have confirmed Justice Kavanaugh to SCOTUS. That is the AnonymousDemocrat definition of insurrection.

        Anonymous Democrat thugs assaulted the White House in a day long riot that sent 50+ Capital Police and SS to hospital after being wounded while repelling their assault. This was an attempt to gain access to the White House to murder President Trump and his family because Clinton has lost the last election and Trump looked like he might win the coming election.

        That is the Anonymous Democrat definition of insurrection.

      3. @Aony-whoever

        We know who you are, enough already. Your time is over. I honestly do not know what you will do with the res of your life, but I’ll bet it will be painful for you, even though as a privileged individual you have everything you need. Nobody here or anywhere cares a single whit anymore, and even that era of the web that you are attempting to exploit is likely, over. Best wishes. We no longer care as an entire society.

        That’s the thing, though: we never did. We. Never. Did. It was always gaslighting, all the time, for years. That hat trick has finally simply been revealed for what it was, it will no longer work, and it is absurd. That it took Silly Valley losing more money than they could afford to change things is pure and simple sad – but, whatever. Bullets are dollars in 2024.

      4. It must be difficult carrying around that much ignorance and stupidly. What a burden you have to bear.

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