Death of Ashli Babbitt

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Death of Ashli Babbitt
Part of Law enforcement response to the January 6 United States Capitol protests
Crowd shortly after the breach (top);
tear gas deployed against rioters (bottom left).
DateJanuary 6, 2021
Time2:44 pm (UTC-5)
LocationUnited States Capitol Building, Washington, D.C., U.S.
Coordinates38°53′23″N 77°00′40″W / 38.88972°N 77.01111°W / 38.88972; -77.01111Coordinates: 38°53′23″N 77°00′40″W / 38.88972°N 77.01111°W / 38.88972; -77.01111
TypeKilling by a law enforcement officer
CauseDeadly force used while guarding members of Congress
DeathsAshli Babbitt

The death of Ashli Babbitt occurred on Wednesday, January 6, 2021, a day of chaos and turmoil at the United States Capitol as protestors gathered in large numbers. Some arrived in separate groups and became riotous while attempting to breach the Capitol Building, wanting to be heard by their representatives before Vice President Pence and the Electoral College counted and certified the votes that elected Joe Biden, 46th president of the United States. Four fatalities occurred that day, but only one person died by violence: Ashli Babbitt, a female protestor who was in the process of entering the Speaker's lobby of the House chamber through a broken window panel on barricaded doors.[1] On the other side of the door stood Lieutenant Michael Byrd, a masked, plain-clothes US Capitol Police officer with gun drawn and aimed at the unarmed female attempting to enter the area. The moment Babbitt came into clear view, Byrd discharged his weapon without any warning, shot Babbitt in the neck to prevent her from entering the lobby. After the shot was fired, lawmakers and other officials gathered in the lobby and House chamber; some scrambled for cover fearing for their lives.[2]

Video footage of the event used in the documentary The Real Story of January 6 shows Babbitt caped with a Trump flag, trying to prevent vandalism and violence.[3] Independent journalist Taylor Hansen was at the scene with Babbit, and corroborates the reports of her peaceful approach to Capitol police during his an on-camera interview with KUSI News, San Diego, and further confirms her attempt to stop vandalism. He also stated that Bryd discharged his weapon with no verbal warning.[4] Other video provided by John Sullivan, a self-described liberal activist who records such events, was obtained by The Washington Post and made it available for viewing on their website.[1] In that video, Sullivan is heard cautioning the guards at the doors about the potential for further unrest, imploring them to retreat and avoid escalating tensions. The officers moved away from the entrance allowing protestors to restart their breaching efforts; one used a helmet to break window panes on a door, another used a flag pole. The recording shows Babbitt being helped up to the broken window panel by fellow protestors. At the moment she attempts to step through to the other side, screams are heard, and a man yells that an officer on the other side has a gun. Byrd is recorded inside the lobby as he discharges his weapon and Babbitt falls back onto the floor. More chaos erupts as protestors start to disperse at the same time a tactical team wearing helmets and carrying rifles pushes their way up the stairs.[1][3]

Austin Harris, a physician from Granada Hills, Los Angeles, was nearby when he heard the shot fired, and saw Babbitt fall. Acting on reflex, he ran toward her to administer aid, later confirming she had a fading pulse and that he was about to initiate CPR when police roughly grabbed him, preventing him from taking further action that possibly could have saved her life.[5] A USCP emergency response team administered aid to Babbitt, and transported her to Washington Hospital Center where she was later pronounced dead as a result of her injuries.[6][7] Byrd was put on temporary leave after the killing, but in the end, the Justice Department's investigation into the killing "revealed no evidence to establish beyond a reasonable doubt that the officer willfully committed a violation of 18 U.S.C. § 242.  Specifically, the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber.  Acknowledging the tragic loss of life and offering condolences to Ms. Babbitt’s family, the U.S. Attorney’s Office and U.S. Department of Justice have therefore closed the investigation into this matter."[8][9] The Capitol Police later promoted Lt. Byrd to Captain.

On January 5, 2024, Babbitt's family filed a $30 million dollar wrongful death lawsuit against the U.S. government.[10][11] The family is claiming negligence and no legal justification to shoot and kill her. It also argues that Byrd was "not in uniform," "did not identify himself as a police officer" and did not issue a warning before opening fire.[10] “The Capitol Police, Capitol Police Board, and ultimately Congress, as Lt. Byrd’s employer, breached their duty to Ashli to use reasonable care in the supervision, discipline, and retention of Lt. Byrd by retaining, promoting, and even allowing Lt. Byrd to serve as incident commander of the House chamber on January 6, 2021 despite multiple, serious warnings about his dangerous and/or otherwise incompetent behavior.”[12][13]

Background

Personal life and viewpoints of Ashli Babbitt

Babbitt was raised in a mostly apolitical family near San Diego, California.[14] In 2004, she enlisted in the United States Air Force, where she served twelve years; while on active duty, she met her first husband, Staff Sgt. Timothy McEntee. Babbitt was deployed at least eight times by 2014,[15] including Afghanistan, Iraq, Kuwait, and Qatar; from 2010, she served in the Air National Guard. Six of her years in service were spent in a "Capital Guardians" unit of the District of Columbia Air National Guard, whose mandate is to defend the Washington D.C. region and quell civil unrest.[14][16] In 2014 Babbitt served as a "mentor" to less-experienced airmen about to go on their first deployment.[17] She reached the rank of senior airman, a "relatively low rank" for a twelve-year veteran according to The Washington Post.[16][18][19] However, it is not unusual for women to be ranked lower.[20]

In 2018, Babbitt moved back to California with her second husband and they purchased a pool servicing business.[21] She worked there with her brother and several other relatives.[14] Her brother said she became frustrated with such issues as the number of homeless people in San Diego and the difficulties of running a small business.[14] As she struggled professionally, Babbitt came to embrace the radical right. On July 1, 2019, a judge issued a $71,000 judgment against her pool business for failing to repay a loan; around the same time, she supported Donald Trump and started following and promoting conspiracy theories.[16] In November 2019, Babbitt tweeted about Pizzagate, a conspiracy theory which says that senior Democrats were operating a child sex-trafficking ring.[22] By February 2020, Babbitt publicly supported QAnon, a broader far-right conspiracy theory which expanded Pizzagate's claims by adding the concept of a worldwide cabal of Satan-worshipping child abusers whom Trump is secretly fighting.[23][24][25] One customer recalled having stopped doing business with the company in 2020 after Babbitt unexpectedly delivered a political rant over the telephone.[26]

Babbitt was very active on social media through her Twitter handle @CommonAshSense. She did not post much original content: most of her posts were retweets, frequently of messages from conservative and right-wing figures like Michael Flynn and Jack Posobiec, and conservative news sites like Right Side Broadcasting.[27] According to Marc-André Argentino, a researcher working on QAnon and other extremist groups, Babbitt was not "a leader or major influencer within the QAnon movement", and was not involved in selling QAnon-themed merchandise. She has nonetheless tweeted regularly about the conspiracy theory since February 2020. Babbitt posted about 50 times a day on Twitter; on election day, she had posted 77 times.[28]

After the election, Babbitt rejected the results and began supporting the Stop the Steal movement.[22] On January 1, 2021, Babbitt announced plans to travel to DC for January 6.[22]

A central belief among QAnon members is that Trump was planning a massive sting operation on the "cabal", with mass arrests of thousands of cabal members to take place on a day known as "The Storm".[29][30] On January 5, 2021, the day before the assault on the Capitol, Babbitt tweeted:

"Nothing can stop us....they can try and try but the storm is here and it is descending upon DC in less than 24 hours....dark to light...."[31]

On January 6, prior to her arrival at the Capitol, Babbitt retweeted messages by Trump lawyer and QAnon promoter L. Lin Wood demanding that Vice President Mike Pence, Deputy Attorney General Rod Rosenstein and Supreme Court Chief Justice John Roberts resign and that charges be brought against Pence and Rosenstein.[32][33][34]

Capitol protest

Further information: Timeline of the January 6 United States Capitol protest and Law enforcement response to the January 6 United States Capitol protest

(Speaker Pelosi was evacuated from the Capitol complex.[35] It was reported that Vice President Pence had been also evacuated, but he remained in a secure location inside the Capitol.[36][37])

Rioters occupied the empty Senate chamber while federal law enforcement officers defended the evacuated House floor.[38][39]

Capitol police were overrun by the rioters.[40]

Shooting during the attempted breach of the Speaker's Lobby

At 2:44 p.m., law enforcement was trying to "defend two fronts" to the House Chamber, and "a lot of members [of Congress] and staff that were in danger at the time".[41][42] Pipe bombs had been discovered outside the Democratic National Committee and the Republican National Committee,[43][44] and Capitol Police officers had been warned that many attackers were carrying concealed weapons.[45]

Babbitt, wearing a Trump flag as a cape, was part of several dozens of rioters who approached the Speaker's Lobby, adjacent to the House chambers.[46][47] Three uniformed officers were posted outside the Lobby when they were threatened by the crowd. One member of the mob yelled, "Fuck the Blue" (blue in this case referring to the blue color of the uniforms of most police departments). One officer guarding the door told the others "They're ready to roll", and the three officers moved away from the barricaded door leading to the Speaker's Lobby.[46] No longer impeded by police, one rioter, Zachary Jordan Alam, smashed a glass window in the door.[48][49] Many lawmakers and staff were being evacuated by Capitol Police,[50] but some were trapped in the House balcony.[51]

Babbitt, hoisted by two men,[14] attempted to climb through the shattered window. She was then shot in the neck/shoulder by Capitol Police Lieutenant Michael Byrd[6][50] and fell back among the other protesters.[14] Babbitt had been warned not to proceed through the window: one witness recalled that "A number of police and Secret Service were saying 'Get back! Get down! Get out of the way!'; [Babbitt] didn't heed the call."[52]

A Capitol Police emergency response team administered aid, and Babbitt was transported to Washington Hospital Center where she later died; Babbitt was 35 years old.[50] She was unarmed at the time of the shooting.[53][54]

Republican Representative Markwayne Mullin, a witness to Babbitt's attempted breach, said that the Capitol Police "didn't have a choice" but to shoot, and that this action "saved people's lives".[41][55]

The shooting was recorded on several cameras, and footage was widely circulated.[56] John Earle Sullivan, who recorded footage of the shooting, was arrested for his role in the attack.[57] Zachary Alam was also arrested for his role in the attack.[58][59]

Investigation

Following the routine process for shootings by Capitol Police officers, the Metropolitan Police Department of the District of Columbia and the United States Department of Justice investigated Babbitt's death and made a determination that the shooting was "lawful and within Department policy".[48][60][61] Upon clearing Byrd, USCP released a press statement saying his action "potentially saved Members and staff from serious injury and possible death".[62]

Public remarks by CSPD Officer Lt Byrd

After being cleared of wrongdoing, Byrd made his name public in an August 2021 interview for NBC News.[63][64] He said his name had been previously revealed in right-wing media and online forums and he had received racist (Byrd is African-American) and violent threats, causing him to remain in hiding for several months. Looking back on his January 6 experience, Byrd said: "Once we barricaded the doors, we were essentially trapped where we were. There was no way to retreat. No other way to get out. If they get through that door, they're into the House chamber and upon the members of Congress." He stated that he had pulled the trigger as a "last resort" after the mob of protesters ignored his repeated orders to get back, and that he had no idea at that moment that Babbitt was unarmed and was a woman. Byrd commented: "I know that day I saved countless lives. I know members of Congress, as well as my fellow officers and staff, were in jeopardy and in serious danger. And that's my job".[53]

Reactions

Though they deplored Babbitt's death shortly after the event, few among Republican Members of Congress and conservative media initially claimed any wrongdoing from law enforcement, or suggested that it warranted a backlash. Gradually, though, efforts were made to suggest that Babbitt was a martyr, or at least a patriot who was unjustly killed.[65] Fox News hosts Tucker Carlson, Laura Ingraham and Mark Levin were sympathetic to Babbitt, with Levin understating Babbitt's actions and claiming that she had been just "walking around with the rest". Republican representative Paul Gosar claimed that she had been "executed", later doubling down on that comment and adding that the police officer had been "lying in wait" and demanding to know his name. This drew a rebuke from representative Liz Cheney, who accused Gosar of "[smearing] the men and women who defended us". Fringe conservative figures[65] and far-right extremists[66] have also cast Babbitt as a martyr or a "freedom fighter".[66] Democratic strategist Mark Burns said that this was a "dangerous development for a Republican Party with members [22] increasingly comfortable pressing for and defending political violence".[67] Both he and David Frum in The Atlantic compared these efforts to the Nazi glorification of Horst Wessel.[68]

Some QAnon supporters, including Lin Wood, have claimed instead that Babbitt is still alive and that her apparent death was a "false flag" operation.[22][69]

In October 2021, Trump recorded a video message arguing that "There was no reason Ashli should've lost her life that day. We must all demand justice for Ashli and her family".[70][71][72] Russian President Vladimir Putin condemned the shooting of Babbitt, describing it as an "assassination".[73]

Legacy

Babbitt's mother, Micki Witthoeft, became politically active following her daughter's death. In July 2021, she appeared at a Donald Trump rally where she was introduced by Paul Gosar and received a standing ovation from the crowd. During the rally, Trump expressed condolences to Witthoeft and acknowledged that Babbitt had died trying to salvage his presidency. Witthoeft later said in an interview that she was writing letters of support to January 6 arrestees and commented that her daughter had "made the ultimate sacrifice to bring attention to a stolen election. Half the country loves her and half the country hates her. It's weird to have your child belong to the world".[74] Babbitt's husband told reporters that he does not want violence done in his wife's name, after being asked about comments made by Michael Braynard, the organizer of the Justice for J6 rally, which was dedicated in part to Babbitt.[75]

Babbitt's name and the circumstances of her death have been invoked by various groups. Shortly after her death, Babbitt's name and image were used widely by extremist groups on social media groups, such as Parler and Telegram, with some using white nationalist and anti-Judaism themes.[76]

In February 2022, American truckers attempting to emulate the Canadian truckers protests against COVID-19 vaccine mandates told reporters that they were also protesting Babbitt's death along with issues such as COVID-19 restrictions and critical race theory.[77]

See also

References

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  72. ^ Wagner, John (11 October 2021). "Trump wishes happy birthday to fatally shot Capitol rioter Ashli Babbitt, calls for Justice Department to reopen investigation". The Washington Post. Retrieved 6 December 2021.
  73. ^ "Putin likens Russian crackdown to arresting Capitol rioters". Associated Press. June 14, 2021.
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  75. ^ Watts, Lindsay (2021-09-13). "'I don't want it': Husband of Ashli Babbitt discourages violence at Sept. 18 rally". FOX 5 DC. Retrieved 2022-03-24.
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  77. ^ Slisco, Aila (2022-02-22). "Truckers readying D.C. convoy want "justice for Ashli" Babbitt, shot Jan. 6". Newsweek. Retrieved 2022-03-24.

External links

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