Tom Fitton, Judicial Watch - Ashli Babbit Update

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These extraordinary revelations forced out by our FOIA lawsuit show Defense Department facilities were used to provide long-term housing for the Capitol Hill police officer who shot and killed Air Force veteran Ashli Babbitt.

In June 2022, we produced DOJ records related to the shooting of Babbitt that included a memo recommending “that the United States Attorney’s Office for the District of Columbia decline for criminal prosecution the fatal shooting of Ashli McEntee [Babbitt],” also noting that the shooter, Byrd, “did not create a police report or documents” related to the shooting of Babbitt. A footnote details missing evidence: “During the debrief of Lieutenant Byrd, he did recall writing a few sentences on an evidence bag the evening of January 6, 2021, at the request of a crime scene officer. To date, the bag has not been located by USCP or MPD.”

In November 2021, we received multiple audio, visual and photo records from the DC Metropolitan Police Department about the shooting death of Ashli Babbitt on January 6, 2021, in the U.S. Capitol Building. The records include a cell phone video of the shooting. An audio file of a police interview of the shooter, Byrd, indicates he declined to cooperate.

We previously uncovered records from the DC Metropolitan Police showing that officers reported they didn’t see a weapon in Babbitt’s hand before Byrd shot her and that Byrd was visibly distraught afterward. One officer attested that he didn’t recall hearing any verbal commands before Byrd shot Babbitt. The records include internal communications about Byrd’s case and a crime scene examination report. Investigators who wrote the January 6, 2021, Metro PD Death Report for Babbitt (identified as Ashli Elizabeth McEntee-Babbitt Pamatian) note that the possible Manner of Death was “Homicide (Police Involved Shooting).”

We are engaged in a comprehensive, independent investigation into the January 6 disturbance:

February 2022: we filed an opposition to the U.S. Capitol Police’s (USCP) effort to shut down our federal lawsuit for January 6 videos and emails. Through its police department, Congress argues that the videos and emails are not public records, there is no public interest in their release, and that “sovereign immunity” prevents citizens from suing for their release.
In November 2021: Judicial Watch – in its FOIA lawsuit asking for records of communication between the Federal Bureau of Investigation (FBI) and several financial institutions about the reported transfer of financial transaction records of people in DC, Maryland and Virginia on January 5 and January 6, 2021 – told a federal court that the FBI may have violated law in its January 6 probes.