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Law selectors, pages, etc.
Husband of deceased Jan. 6 rioter Ashli Babbitt files wrongful death suit against government
By HatetheSwamp
January 28, 2024 1:41 pm
Category: Law

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His wife was shot and killed by law enforcement during the Jan. 6, 2021, attack on the Capitol when she tried to climb through a barricaded door near the House chamber.

The suit alleges that Capitol Police Lt. Michael Byrd was negligent when he fired at Babbitt, a supporter of former President Trump.

“The facts speak truth. Ashli was ambushed when she was shot by Lt. Byrd,” the attorneys wrote, arguing that she traveled to Washington, D.C., only to attend Trump’s rally.

“Ashli did not go to Washington as part of a group or for any unlawful or nefarious purpose,” they wrote, claiming Babbitt, an Air Force veteran, “posed no threat to the safety of anyone.”

The attorneys also accused Byrd of violating standards for care governing the safe use of a firearm, use of force and imminent threat assessment.

Furthermore, the suit said that at the time of the shooting, Byrd was not in uniform, did not identify himself as an officer and failed to provide Babbitt with “any warnings or commands” before shooting.



Viewer discretion in watching her needless slaughter by a Capitol p.i.g.. She was a threat to no one.

At about :12 you can see the thug, under no threat, unload on the 5'2" 115 lb pixie.


Cited and related links:

  1. thehill.com



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Comments on "Husband of deceased Jan. 6 rioter Ashli Babbitt files wrongful death suit against government":

  1. by Curt_Anderson on January 28, 2024 1:49 pm
    How was Byrd negligent? His job was to protect the members of Congress. He stopped her from climbing through a broken glass entryway and the mob she'd have opened the door for.

    That lawsuit is a for-sure loser.


  2. by HatetheSwamp on January 28, 2024 1:59 pm

    Curt,

    You know d@ng well, were Babbitt black and this happened in the wake of, say, George Floyd, hell would still be rattlin.

    But, what's a MAGA's life worth, anyway, right!!!!!?


  3. by Curt_Anderson on January 28, 2024 2:39 pm
    I know that’s not true. Show me ONE example of Black person* being shot in a similar circumstance where he/she is considered a martyr.

    * or anybody engage in breaking and entering.


  4. by Ponderer on January 28, 2024 2:50 pm

    He'll lose.


  5. by HatetheSwamp on January 28, 2024 3:09 pm

    Huh.

    Do you remember "the summer of love" in 020? Would you call George Floyd a martyr... heck!... THE martyr of the 21st century.

    FYI. When I saw the article, I thought about you, and your son. I wouldn't want that job. The video makes that obvious.

    Ashli Babbitt should have been arrested. She should be in jail today... with years to go in prison. But, there's no possible justification for her murder. It's long psst time that her life is avenged.


  6. by Curt_Anderson on January 28, 2024 3:26 pm
    George Floyd's death and Ashli Babbitt's deaths are anything but equitable situations. A probe by Capitol Police cleared Byrd’s use of force. The department has said that the officer’s actions were within policy, which allows deadly force when an officer reasonably believes they are protecting themselves or others from serious physical harm. Capitol Police said in a news release that Byrd’s actions “potentially saved members [of Congress] and staff from serious injury and possible death from a large crowd of rioters.”

    George Floyd was not the spearhead of an angry mob. The Minneapolis cop's use of force was not reasonable or within departmental guidelines, nor was anybody's life threatened by Floyd.

    Put money it, Babbitt's husband will lose this lawsuit.



  7. by HatetheSwamp on January 28, 2024 3:31 pm

    A probe by Capitol Police cleared Byrd’s use of force.

    I know. I've always thought that is a travesty. There ain't justice for MAGA.


  8. by oldedude on January 28, 2024 3:43 pm
    The department has said that the officer’s actions were within policy, which allows deadly force when an officer reasonably believes they are protecting themselves or others from serious physical harm. Capitol Police said in a news release that Byrd’s actions “potentially saved members [of Congress] and staff from serious injury and possible death from a large crowd of rioters.”

    Here's where you're way behind on this story. Or maybe your MSM trinity didn't report it.

    POST TRIAL: evidence was uncovered that Byrd himself sent out a "fake" or "erroneous" "shots fired" report. Most of Byrd's defense in this case is the "shots fired" report came out and changed the complexion of the demonstration. 1. There were no shots fired. 2. Byrd himself made the false report and was therefore responsible for knowing the report was false.

    U.S. Capitol Police Lt. Michael Byrd, who shot Ashli Babbitt, issued a false radio report alleging shots were fired at him and that he was “prepared to fire back.”

    This previously unknown radio message is recorded on an audio tape acquired exclusively by The Epoch Times.

    Aaron Babbitt, Ashli’s widower, filed a federal lawsuit seeking information about the tape and is suing the federal government for wrongful death damages.

    msn.com


  9. by HatetheSwamp on January 28, 2024 3:45 pm

    Put money it, Babbitt's husband will lose this lawsuit.


    The suit will be settled. Put money on that!

    But, and I'm surprised that po, or you, haven't made this point: It occurred to me as soon as I saw the news. The timing?, as 024 ramps up? It's political as much as anything.

    Aaron Babbitt won't lose. As Joe Isuzu says, "You have my word on it."

    View Video


  10. by Curt_Anderson on January 28, 2024 4:00 pm
    OD,
    Officer Byrd did not send out a "shots fired" report. He heard a "shots fired" report over his radio. Anyway, that all is irrelevant. He was standing just a feet away from the mob smashing and bashing glass in their attempt to break through the doorway. The mob finally did break enough of the glass for Babbitt to climb through. That was enough of a threat for Byrd to respond with force.



    Before the incident, a police dispatcher incorrectly said, “They’re taking shots into the House floor.”

    “Lt. Byrd erroneously believed and acted on a false radio call and/or false report of shots fired on the House floor occurring before he left the House floor and moved across the Speaker’s Lobby to the adjacent Retiring Room,” alleges the lawsuit.
    nypost.com
    analyzingamerica.org


  11. by HatetheSwamp on January 28, 2024 4:34 pm

    Yeah. And, if there'd been any reason to think that Ashli was packin... But, there warnt.


  12. by Curt_Anderson on January 28, 2024 4:36 pm
    Ashli was packin'. She was armed with an angry mob.


  13. by HatetheSwamp on January 28, 2024 4:45 pm

    Baha.

    I don't think that'll work as a defense... even when slaughtering a MAGA... so long as they can keep the po/isle lynch mob ilk off of the jury.


  14. by Curt_Anderson on January 28, 2024 5:08 pm
    Ashli Babbitt was a crackpot with a history (and a court record) of violence. But a defense won't be required. The case will be dismissed before it goes to trial.
    apnews.com


  15. by HatetheSwamp on January 28, 2024 5:14 pm

    Curt,

    We've already established that she deserved to be butchered.

    If Michael Byrd knew her history and recognized her it might matter.


  16. by Curt_Anderson on January 28, 2024 5:32 pm
    It would matter if they went to trial, as the plaintiff (her husband backed by Judicial Watch) has been trying to portray her as a mild-mannered, law-abiding citizen who the lead attorney said would have been likely to respond to an officer's warning to stop. I doubt that. A locked door is a "warning" to stop. You can see in the video that Byrd had his gun drawn and aimed. That's another unspoken but obvious warning. Smashing and crawling through the entryway is ignoring the message.



  17. by Indy! on January 28, 2024 10:05 pm

    They've edited that video so you can't tell what is really happening. The cop/security guy warned the people trying to get thru and you can clearly see in the video there are multiple security guys with their guns out. The person who should be charged (if anyone) was the cop who was helping her thru the window when she was shot. Him and the other people on her side basically offered her up as a sacrificial lamb to see if the guard would actually shoot.

    Oh, and if that was a black man instead of a white woman? OD and peebs would be crowing about what a danger he was to the guard and that he had to shoot.


  18. by Curt_Anderson on January 28, 2024 10:27 pm
    "Leo Bloom walked into my office with his cockamamy scheme! You can make more money with a flop than with a hit!" ---Max Bialystock, The Producers

    If you know the plot of Mel Brooks' Producers, you can understand the motivation of Ashli Babbitt lawsuit. The producer in this case is Judicial Watch. If you visit their site (I'm purposely not providing a link) you will see they have about dozen pages devoted to Ashli Babbitt and her demise. Those and every other page on the JW site has a donation button.

    In this case, Judicial Watch's planned flop is the Ashli Babbitt Wrongful Death Lawsuit. Judicial Watch has been raising money from gullible dupes for at least a couple of years. The rubes imagine their money will go to a spectacular trial in which Officer Byrd is raked through the coals.

    The legal advisors of Judicial Watch know that Officer Byrd is protected by qualified immunity, like all police who perform their duty in a reasonable manner. The Babbitt Lawsuit is guaranteed to be quickly dismissed. The plan is for it be the legal equivalent of "Springtime for Hitler", except it won't get a long run in the courthouse no matter how comical the legal arguments.

    Of course without an expensive trial to finance, Judicial Watch can keep all the donations they raised.


  19. by HatetheSwamp on January 29, 2024 3:13 am

    You probably know this but wait till America gets wind...

    Ashli Babbitt’s Killer, Capitol Cop Michael Byrd, Gets Rewarded with Promotion


    Rewarded for killin him a MAGA!
    judicialwatch.org


  20. by oldedude on January 29, 2024 3:41 am
    Officer Byrd did not send out a "shots fired" report. He heard a "shots fired" report over his radio. Anyway, that all is irrelevant. He was standing just a feet away from the mob smashing and bashing glass in their attempt to break through the doorway. The mob finally did break enough of the glass for Babbitt to climb through. That was enough of a threat for Byrd to respond with force

    I find this interesting. This is the FIRST time I've actually read that you've supported Law Enforcement. So this is unknown territory for you. Even with a son "supposedly" in Law Enforcement, you couldn't bring yourself to supporting an officer unwittingly dying of fentanyl poisoning in a traffic stop. Through that, you were nothing better than Super Chicken. (You know the job was dangerous when you took it! BWABUAKBUAKBUAAAAAAAAK!) You haven't given a fuck about officers then, or any other time on this site.

    I've even said that I care about the issues of Law Enforcement and your son more than you do. You didn't put out any real defense of yourself.

    HE CHOSE TO PUT OUT A SHOTS FIRED REPORT, which was reported back via dispatch. If there was any issue with the report, HE CHOSE not to correct that report (IF THERE WAS A CORRECTION TO BE MADE). I brought this up a couple of months ago. You had very little to say about it (meaning you hadn't gotten your "marching orders" from your holy trinity yet, and told what to say).

    Did he put out the shots fired report as a CYA? KNOWING he was going to shoot? Why did the IA NOT put this out earlier? Was it to save an officer (which is completely uncharacteristic of IA Investigations and subject to "dismissal" because they lied in a sworn document? You're "choosing" to completely disregard the facts in this case and cling on to your hatred.
    View Video


  21. by oldedude on January 29, 2024 3:41 am
    Officer Byrd did not send out a "shots fired" report. He heard a "shots fired" report over his radio. Anyway, that all is irrelevant. He was standing just a feet away from the mob smashing and bashing glass in their attempt to break through the doorway. The mob finally did break enough of the glass for Babbitt to climb through. That was enough of a threat for Byrd to respond with force

    I find this interesting. This is the FIRST time I've actually read that you've supported Law Enforcement. So this is unknown territory for you. Even with a son "supposedly" in Law Enforcement, you couldn't bring yourself to supporting an officer unwittingly dying of fentanyl poisoning in a traffic stop. Through that, you were nothing better than Super Chicken. (You know the job was dangerous when you took it! BWABUAKBUAKBUAAAAAAAAK!) You haven't given a fuck about officers then, or any other time on this site.

    I've even said that I care about the issues of Law Enforcement and your son more than you do. You didn't put out any real defense of yourself.

    HE CHOSE TO PUT OUT A SHOTS FIRED REPORT, which was reported back via dispatch. If there was any issue with the report, HE CHOSE not to correct that report (IF THERE WAS A CORRECTION TO BE MADE). I brought this up a couple of months ago. You had very little to say about it (meaning you hadn't gotten your "marching orders" from your holy trinity yet, and told what to say).

    Did he put out the shots fired report as a CYA? KNOWING he was going to shoot? Why did the IA NOT put this out earlier? Was it to save an officer (which is completely uncharacteristic of IA Investigations and subject to "dismissal" because they lied in a sworn document? You're "choosing" to completely disregard the facts in this case and cling on to your hatred.
    View Video


  22. by Curt_Anderson on January 29, 2024 4:16 am
    OD,
    I read your source and followed their source link which quoted the lawsuit. The lawsuit said that Officer Michael Bird heard a report of shots fired. The lawsuit does not say that he issued the report.

    I did not express support for a police officer, who supposedly died from contact with fentanyl, because the story is not true.

    Reports of police suffering severe medical symptoms after touching or inhaling powdered fentanyl are common, occurring "every few weeks" around the U.S. according to experts interviewed by NPR.

    But many experts say these officers aren't experiencing fentanyl or opioid overdoses.

    "This has never happened," said Dr. Ryan Marino, a toxicologist and emergency room physician who studies addiction at Case Western Reserve University. "There has never been an overdose through skin contact or accidentally inhaling fentanyl."

    HtS,
    If Officer Michael Byrd was promoted, you can be sure that he followed police policy and protocols when he stopped with deadly force Ashli Babbitt.
    npr.org
    reuters.com


  23. by HatetheSwamp on January 29, 2024 6:10 am

    HtS,
    If Officer Michael Byrd was promoted, you can be sure that he followed police policy and protocols when he stopped with deadly force Ashli Babbitt.


    We'll see.

    If this gets in front of a judge and jury, that will be an important issue. You're assuming. You know what happens when you do that.

    Since that horrible day, I've been struck by OD's observation that you progressives in the 020s are hypocrites.

    Where's the DEFUND THE POLICE Chorus!!!!!?

    If Michael Byrd was white and Ashli Babbitt black?, baha, you know d@ngwell they'd... you'd... still be singing their anthem.

    That's why this suit is bigger than the claim itself... and why moderate and independent voters will pay attention.

    Don't, as po'd say, EFFINforget. Kevin McCarthy released all of the video from the riot. I'm thinking that the very reality of this suit means that there's juicy sights to see.


  24. by oldedude on January 29, 2024 9:11 am
    If Officer Michael Byrd was promoted, you can be sure that he followed police policy and protocols when he stopped with deadly force Ashli Babbitt.
    Unless they're hiding things for J6 and other things will come out. Hiding evidence is not a good look to say the least.


  25. by Curt_Anderson on January 29, 2024 12:01 pm
    OD,
    Everything we do know and saw: the mob, the glass breaking, Babbitt crawling through the doorway is exculpatory evidence that Byrd responded reasonably. What guard or homeowner in that situation wouldn’t do the same if they were armed? Anything else that’s been alluded to or has been “hidden” is not incriminating. So what if he heard an erroneous report of shots fired?


  26. by HatetheSwamp on January 29, 2024 12:23 pm

    Everything we do know and saw: the mob, the glass breaking, Babbitt crawling through the doorway is exculpatory evidence that Byrd responded reasonably. What guard or homeowner in that situation wouldn’t do the same if they were armed?

    Curt,

    Based on what I know... from the videos I've seen..., were I on the jury trying this suit, I would conclude that Byrd, a trained peace officer, did not respond reasonably.

    Of course, we don't have his account under examination and cross-examination of why he behaved as he did. Ashli Babbitt was not armed. And, climbing through that small space, she could not have removed a concealed weapon.

    Your Good German inclinations notwithstanding, I think that Byrd is toast.


  27. by Curt_Anderson on January 29, 2024 12:39 pm
    HtS,
    The risk wouldn't be that Ashli Babbitt had a concealed weapon. After all, if she had a gun she could have shot through the opening or maybe the glass. The risk would have been that she crawled through then unlocked the door for the mob. At what point should Byrd have decided that she had advanced far enough? Halfway through the broken glass opening? All the way through?

    Not you, but what would a reasonable person have assumed her intent was in breaching the barricaded door?


  28. by HatetheSwamp on January 29, 2024 12:53 pm

    The questions that I'd ask during deliberations among my colleagues on the jury is, "If Michael Byrd behaved reasonably, why wasn't Babbitt shot by other officers on the scene and why weren't other rioters engaged in similar offenses gunned down?"

    I'd listen carefully to explanations offered to support Officer Byrd's actions.


  29. by Curt_Anderson on January 29, 2024 1:11 pm
    HtS,
    What other officers? The two officers seen in the video with their backs to the door facing the mob? They could have easily been overpowered by the mob had they drawn their weapons. Other rioters that broke through doors and windows were not an imminent threat to members of Congress, as this mob was.

    Anyway, Byrd's decision was affirmed by results. He shot Babbitt, the mob stopped their efforts to break through the last door that separated them from members of Congress and they apparently dispersed.

    Here is what the DC Police teach their cadets about the use of force. See link. Among the reasons for use of deadly force is:
     To protect the member or a third party from unlawful force
     To prevent property damage or loss

    The use of force overview talks about perceived threats. Babbitt was acting like a crazy person going through that broken window opening when Byrd clearly had his gun drawn and aimed at that opening.


    mpdc.dc.gov


  30. by HatetheSwamp on January 29, 2024 1:31 pm

    Anyway, Byrd's decision was affirmed by results. He shot Babbitt, the mob stopped their efforts to break through the last door that separated them from members of Congress and they apparently dispersed.

    Yikes!

    Forget Good German. You've gone Full-on Stalin!

    This is America, man and, so far, that's meant sumpthin.

    Shooting protesters is not the way in the nation governed by our Bill of Rights! In this nation, people like Ashli Babbitt... who certainly was behaving unlawfully... are detained and tried before a jury of their peers, AS ALL MANY OTHER RIOTERS HAVE BEEN... more than 700, in fact! We're not ruled by squads of vigilante police goons.

    "He shot Babbitt. The mob stopped." That's Stalin, bubba, not Jefferson and Madison.

    HolyFreakinCow, man. Gimme a break!
    en.m.wikipedia.org


  31. by oldedude on January 29, 2024 1:53 pm
    curt- first thing is the "Capital Police" are not trained by DCMP. They are federal police officers. Where you got your info was the wrong source. Honestly, not that far off, but realize you're talking about several police departments in one city.


  32. by Curt_Anderson on January 29, 2024 1:57 pm
    You are simply wrong. Not every lawbreaker gets their day in court. Would have had Byrd simply issue a citation to Babbitt and anybody else that breached the barricaded doorway?

    I don't believe there are any exceptions in America to this statement: police officers to legally fire, training and the law says they must believe their life or another person’s life is in danger. And this fear must be “reasonable.”


  33. by Curt_Anderson on January 29, 2024 2:00 pm
    OD,
    Yes I know. I didn't find what the Capitol Police policy was on use of deadly force. But as I noted above, I don't think it varies much from one police department to another.


  34. by Indy! on January 29, 2024 3:24 pm

    Funny the board cartel expert buys every drug fairy tale out there.


  35. by oldedude on January 30, 2024 5:35 am
    I read your source and followed their source link which quoted the lawsuit. The lawsuit said that Officer Michael Bird heard a report of shots fired. The lawsuit does not say that he issued the report.😞
    I'm sorry to STILL have to tell you how the judicial system works. That would be in this thing called "evidence." The lawsuit is the end result.

    Lawsuit Claims Ashli Babbitt’s Shooter Michael Byrd Made a False Radio Call Shortly After Fatal IncidentBold

    U.S. Capitol Police Lt. Michael Byrd, who shot Ashli Babbitt, issued a false radio report alleging shots were fired at him and that he was “prepared to fire back.”



    I did not express support for a police officer, who supposedly died from contact with fentanyl, because the story is not true.

    The story I cited, she did not die, and I was fucking straight up about that. My issue is that she did everything correctly, according to the OSHA and dept's manual. And yet she had to be kickstarted four times. That shows a horrible amount of opiates in her system. Just for doing her job. You responded in your superchicken cackle with zero empathy. That's when I could not believe (and still don't) that you even know anyone you like in Law Enforcement. And yes, we argued this precise point.


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