The following statement was released by the attorney representing an unnamed Capitol police officer who shot and killed unarmed protester Ashli Babbitt during the January riots at the U.S. Capitol.
The statement was issued after prosecutors announced they will not file charges against the officer. Prosecutors say they could not find evidence that showed the officer did not reasonably think: his life was in danger or that he was protecting members of Congress.
April 14, 2021 Lowenstein Client, Capitol Police Officer Involved in January 6, 2021, Shooting of Rioter, Will Not Face Criminal Charges Department of Justice (DOJ) prosecutors with the Civil Rights Division and the United States Attorney’s Office for the District of Columbia (USAO) have declined to charge the United States Capitol Police (USCP) officer with any crimes relating to his appropriate, necessary, and legal use of force when he shot rioter Ashli Babbitt during the January 6, 2021 insurrection. Ms. Babbitt was an active member of the mob that stormed the Capitol and broke in and searched for Members of Congress who were doing their Constitutional duty to certify the Electoral College victory of President Biden. The officer, a lieutenant whose name has been kept confidential because of death threats by those who either do not know the facts or the law or who simply support the mob who stormed the Capitol, shot Ms. Babbitt when she forcibly entered the Speaker’s Lobby directly adjacent to the floor of the House of Representatives. Ms. Babbitt was leading the charge through the barricaded doors, assisting in breaking a window, and climbing into the Speakers Lobby after illegally entering the Capitol Building during the riots. The lieutenant was protecting the Members of Congress who were being evacuated in the face of the violent mob–the same mob that did significant damage to the Capitol building while killing a Capitol Police officer and injuring over 140 other sworn officers who were attempting to hold them back. Ms. Babbitt broke multiple laws in the process of entering the Speaker’s Lobby, and she refused to obey the orders of multiple officers not to come through the window and into the controlled area where Members of Congress were sheltering. Mark E. Schamel and Ana L. Jara of Lowenstein Sandler’s White Collar Criminal Defense group represent the lieutenant; both are based in the firm’s Washington, D.C., office. In response to the DOJ decision, Schamel says: “This is the only correct conclusion following the events of January 6. The lieutenant exercised professionalism and fantastic restraint in defending and protecting members of Congress.” “His bravery on January 6 was nothing short of heroic,” Schamel continues. “He stopped the rioters from gaining entry into the Speaker’s Lobby and saved the lives of countless members of Congress and the rioters. His heroism should be no surprise to those who know him. He is a decorated veteran with a distinguished career with the USCP. The events of January 6 have again proved his valor and his steadfast dedication to the safety and sanctity of Congress, the Capitol, and the United States.” “As unfortunate as it is that the lieutenant had to resort to deadly force,” Schamel says, “he fired only one shot at the only person who breached the locked doors and makeshift barricade that had been erected. He did so after clearly identifying himself and ordering the mob not to come through the barricade. He used tremendous restraint in only firing one shot, and his actions stopped the mob from breaking through and turning a horrific day in American history into something so much worse.” The DOJ investigation sought to determine whether the type of force used was objectively reasonable and if the officer involved used excessive or unjustified force or if he violated the civil rights of an individual. “As shown by the extensive video footage and witness accounts of this violent event,” says Jara, “this was an absolutely justified use of force, and the nation owes the lieutenant a debt of gratitude.”
So if the officers actions were justified, as claimed, why not let a jury make that determination? It seems whenever a police officer engages in similar actions, they get indicted/charged/arrested within 24 hours, while this took 12 weeks to find (in)action. Unequal application of judicial standards based on political narratives has been the source of the exponential erosion of trust in our legal system.
I see so very many statements made by this attorney that are patently and irrevocably false. The “rioters” killed no one. They were not intent on killing anyone in the chamber, they were there to be heard and they were in “the peoples house.” He saved no lives, but he did take one and hers deserves justice.
I never imagined the level of corruption in the DOJ. I, mistakenly, thought that Barr was there to clean it up a bit. Yet, it is much worse now. It’s obvious the corrupt thugs just laid low until the election fraud was carried out. Now, like cockroaches, they are exiting their nests, not caring to hide their corruption any longer.
I fear for my grandchildren, they likely will never know real liberty or a just government. That is, until God deals with this mess. So while people talk big, it’s seems that’s all it is…talk. We’ve allowed our justice system to thrive in corruption. We’ve allowed our elections to be hijacked. We watch as our freedom is being taken from us. Our forefathers, such as Patrick Henry, would be ashamed.
nonsense he should be fired then arrested and tried for murder..
trespass in a public building does not allow you to kill some one..
this woman was a threat to no one..
As a country, we have allowed our positions on basic safety to be perverted…We have metal detectors and guards at state courthouses and now Military troops patrolling our Federal Capitol…Yet we are shocked if a disturbed child is found with a gun at a school…We declare public spaces Gun Free zones to curb the Gun Violence Epidemic…Yet we have become numb to shootings and murders in major metropolitan areas that occur on a daily basis…Our current President makes vague overtures toward solutions for non-existent problems and the masses laud him…The problem is not the legally armed populace but, we are large and therefore an easy target…Politicians and the MSM don’t want to address the very real criminal issue because it would be hard work…It is much easier to stigmatize the legally owing and carrying public…And I, as a speck among the population, continue to arm myself on a daily basis for the protection of my family and myself.
“this was an absolutely justified use of force, and the nation owes the lieutenant a debt of gratitude.” says Jara. How can “the nation” repay the “debt”, without knowing the lieutenant’s name? (Eye roll emoji)
Justice Department: move along, nothing to see here…
The taking of the life of an unarmed woman should not be celebrated, is that not what we have seen continued rioting for? The officer will live with his actions the rest of his life.
Hit in the neck was obviously aimed as a kill shot on purpose
“Have you told your mom?” Maeve asked.
“Oh, you can imagine. I am telling her in bits and pieces. She is furious and wants me documenting everything. She wanted me to go to the police. But really, the Capitol Police? They protect them, not us.”
From Tara Reade’s memoir LEFT OUT, p, 91; conversation with a friend shortly after Senator Joe Biden digitally raped her.
Sharyl, I can’t help feeling skeptical about this whole story. I’ve watched the videos and am not convinced this whole thing wasn’t faked. I haven’t been able to find more than one short clip of her “husband” online, and a brief article with quotes from a “brother” and “throuple” girlfriend. That’s it. Why are no reporters really investigating this? Why are there no interviews with family members? Why is there almost nothing out there except recycled statements on her past? Her supposed best friend and sister in law set up a go-fund-me, but that woman’s Twitter account has not made one single personal comment about Ashli…ever. Just retweets. No personal photos posted as memorials. Nothing. Something doesn’t add up.
This statement is wrong on so many levels. First, employing negatives: they could not find evidence that the officer did not reasonably think…(is this the same as they did find evidence that the officer did reasonably think?). He “saved yhe lives of …rioters”? The only one who died was the one he killed. The otherws were not inside, and died of natural causes. “He used tremendous restraint in firing only one shot.” Except that shot was a lethal one! This is an appalling decision and clearly based on political perception of the unarmed Ms. Babbit’s life undeserving of respect.
…being undeserving of respect.
That is unmitigated bullshit.
At the very least it was reckless discharge of a fire arm since there were multiple officers in the line of fire.
In Michigan, if she was openly brandishing a weapon it still would have been illegal to shoot her.
This may be the saddest excuse I have ever read. Oh, if our lost veteran had been a minority, and the officer had been white this would be a totally different outcome. My heart and prayers go out to Ms. Babbitt’s family and friends, and to this Country that is slipping into the abyss. God help us all.
That cop is guilty of murder! I’ve seen the video of her standing still and alone and not threatening.
99% narrative, inflammatory narrative; 1% facts.
Fake news: no police officer was killed by “the mob”, either before or after this police officer fired the sole deadly shot.
I hate Democrats. and this is just one more reason why – the intentionally inflammatory write-up; not the action at stake. Kudos however because this highly partisan attorney did not blame President Trump by name. History will not be kind to this type of divisive and inaccurate statement.
Highly partisan attorney?
Can the officer afford this partisan attorney.?
(I remember the attorney representing Elian Gonzales’ father, a bell hop or door opener in Cuba. The next time is see this attorney in the news, he is on the Al Gore legal team, maybe in charge of the team during the 2000 election dispute.)
Isn’t there a police union representative usually present?
This appears to be a matter of denial of equal protection of the law. I do not mean the 14th Amendment kind, but the 5th Amendment denial of equal protection. Washington DC is a Federal jurisdiction. The cop is a Federal law enforcement officer. Ashli was killed in a Federal building. As I understand things, this should be able to be appealed directly to the Supreme Court. The US Government is the Defendant.
The shooter was standing a dozen feet from behind a large gathering. What I could see was an unarmed person (Babbitt) struggling to get through a window. She was clearly an easy take-down had she entered as would be for anyone else who might have tried to enter. Without any doubt, this was an unnecessary and hyper over-reaction. Perhaps the shooter should have shouted “GUN, GUN, GUN” and then mistakenly pulled out his tazer and fired. That would have made for a more justified and reasoned reaction by the capitol police. Then you put them in handcuffs as they all enter.
Their statement was full of insinuation as to the kind of people who may not be OK with a Marxist coup or her killing, as well as defense of the officer involved- in EXACT opposition to the attacks on police where the perp was black. This institutional racism is making me sick. God end this!
If this journalist thinks the police were having a “horrific” day…she’s clueless!
The Marxists want us divided. They are succeeding.
Divided, not multiplied or added. Just divided or subtracted. ?
I’ve seen the video when she falls after being shot.
She was NOT the first in line, & her behavior was not threatening. This newly released statement by the “supposed” shooter’s counsel is not based in viewable fact. I doubt the brave, un-named “lieutenant” shooter even exists. It’s pure spin, in my opinion.
Now, Just ask yourself how this would have played out if Ashley Babbit had been acting the same way – but was a Democrat who was protesting President Trump’s policies.
2-tiered justice = NO justice.