(READ) DOJ ‘declined criminal prosecution’ in Jan. 6 police shooting of unarmed Ashli Babbitt at Capitol

Recently revealed records show the Department of Justice (DOJ) recommended “that the United States Attorney’s Office for the District of Columbia decline for criminal prosecution in the fatal shooting of Ashli McEntee Babbitt.”

Ashli Babbitt

The documents note that the shooter, U.S. Capitol Police Lt. Michael Byrd, “did not create a police report or documents” related to the shooting of Babbitt. Byrd, who is black, was cleared of criminal wrongdoing in the killing of Babbitt, who was white and unarmed during the Jan. 6, 2021 Capitol riots.

Judicial Watch, a watchdog group, obtained the records through a lawsuit after the Justice Department violated the law and failed to respond to Freedom of Information (FOIA) requests for records related to Babbitt’s death. (Judicial Watch v. U.S. Department of Justice)

Byrd shot and killed Babbitt, an Air Force veteran, as she climbed through a broken interior window in the Capitol. Many criticized the shooting as unjustified and unprovoked. However, prosecutors ultimately said there was no proof that Byrd acted in a way that was criminal.

Byrd’s identity was kept hidden from the public by Congress, the Justice Department, and DC police for eight months until he went public to defend his actions.

These records show that Lt. Byrd was given special treatment by the Biden DOJ and that there was a miscarriage of justice in the half-baked shooting death investigation of Ashli Babbitt.

Lt. Byrd, who works for Congress, shot an unarmed woman for no good reason. I suspect that this unjustified shooting isn’t of much interest to the Pelosi rump January 6 committee.”

Tom Fitton, Judicial Watch President

The records contain the prosecution declination memorandum justifying the decision not to prosecute Byrd for the shooting death of Babbitt on January 6.

The “Overview and Recommendation” section reads as follows:

This memorandum recommends that the United States Attorney’s Office for the District of Columbia decline for criminal prosecution the fatal shooting of Ashli McEntee.


This declination is based on a review of law enforcement and civilian eyewitness accounts, physical evidence, recorded radio communications, cell phone footage, MPD reports, forensic reports, and the autopsy report for Ms. McEntee. After a thorough review of the facts and circumstances in this case, there is insufficient evidence to prove beyond a reasonable doubt that Lieutenant Byrd violated Ms. McEntee’s civil rights by willfully using more force than was reasonably necessary, or was not acting in self-defense or the defense of others.

The memo details:

Once the demonstrators broke the glass, Lieutenant Byrd took up a tactical position to the immediate right of the barricaded entry doors, [Capitol Police Officer Reggie Tyson] took up a tactical position behind Lieutenant Byrd on the right side behind the third pillar and Sergeant McKenna took up a tactical position behind Officer Tyson and behind the fourth pillar on the right side of the Speakers Lobby.


All three officers had their service pistols drawn, pointed them in the direction of the barricaded entry doors, and repeatedly instructed the ‘mob’ to get back. The ‘mob’ of demonstrators ignored the officers’ commands and continued to break the glass on the doors in their attempt to breach the Speakers Lobby. Suddenly, Ashli McEntee began to crawl through one of the doors where the glass was already broken out. As Ms. McEntee was climbing through the door, Lieutenant Byrd stepped forward from his tactical position towards Ms. McEntee and fired one round from his service pistol striking Ms. McEntee in her left shoulder, just below her clavicle. Ms. McEntee then fell back from the doorway and onto the floor.

Regarding possible closed-circuit television footage the memo notes “There are several USCP operated Closed-Circuit Television Video (CCTV) cameras inside of the United States Capitol Building. However, there were no CCTV cameras observed or located in the Speaker’s Lobby area.”

In a section of the memo titled “USCP Lieutenant Michael Byrd,” the memo notes: “He [Byrd] did not create any police reports or documents relating to the incident, and did not provide an official statement regarding use of force” though he did provide a voluntary “debrief” and walk-through of the scene with his lawyer. A footnote details that: “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.”

The memo reports:

Lieutenant Byrd heard glass breaking and saw some of the items used to barricade the doors

being pushed down. Lieutenant Byrd continued to tell the rioters to “get back, get back!”

Lieutenant Byrd then saw a rioter with a backpack on start to climb through one of the broken

glass doors. Lieutenant Byrd saw the rioter “as a threat,” so he stepped forward from his tactical

position and fired one round at the rioter. The rioter fell back out of the opening and Lieutenant

Byrd eventually stepped back into the seated area of the Speaker’s Lobby before confirming to

other USCP officers that arrived on the scene that he was the one that fired his service weapon.

The memo notes that security staffing on January 6 was less than half the usual amount due to Covid-19:

Lieutenant Byrd did agree to participate with this counsel, Mark Schamel, in a voluntary debrief and walk-through of the scene on January 29, 2021 … Due to Covid-19 and other issues, the normal staffing for a joint session was less than half of what Lieutenant Byrd usually has assigned to the House Chamber. Once he arrived that morning, he was informed that USCP operations had made the decision that the uniform officers needed to pick up riot gear.

In a section titled, “Use of Force History,” it is noted that, “Lieutenant Byrd had one prior use of force matter, that was originally sustained by USCP, but after Lt. Byrd appealed, he was found not guilty by the Disciplinary Review Board.”

In a section titled “Recommendation,” the memo details:

This matter does not constitute a prosecutable violation of the federal criminal civil rights statutes or the District of Columbia homicide statutes. To show a violation of 18 U.S.C. § 242, the applicable federal criminal civil rights statute, the Government must prove beyond a reasonable doubt that an officer willfully used more force than was reasonably necessary under the circumstances. ‘The “reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.’ Graham v Connor, 490 U.S. 386, 396 (1989).


Because Ms. McEntee was an active participant in a ‘mob’ that had just illegally entered the Capitol building, and then broke out the glass doors and removed barricades to forcefully gain entry into the Speaker’s Lobby, there is insufficient evidence to refute Lieutenant Byrd’s fear for his life or the life of others at the time he discharged his weapon. Therefore, there is insufficient evidence to prove beyond a reasonable doubt that he willfully deprived Ms. McEntee of a right protected by the Constitution or laws of the United States of America. Accordingly I recommend declination of this matter.

The records include a draft version of the April 14, 2021, Justice Department press release announcing their decision not to prosecute Byrd for the killing of Babbitt, the authors replaced the word “crowd” with the word “mob” five times in describing the January 6 protestors.

The documents also include charts of January 6 investigations and targets. For one of the investigations, it is noted that a New York Times reporter is a “CW” [confidential witness]. Another notation tied to “pipe bombs” notes that a “geo fence” request was made to Google.

Judicial Watch previously uncovered records from the DC Metropolitan Police showed that multiple officers claimed 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).”

Visit the Judicial Watch website for more information.

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10 thoughts on “(READ) DOJ ‘declined criminal prosecution’ in Jan. 6 police shooting of unarmed Ashli Babbitt at Capitol”

  1. Well first off–due to the sloppy and irresponsible actions of the MSM, the “black” man cannot take the blame for shooting a white woman for fear of accusations ala: a”racist” slur against the perpetrator. That’s how bad it’s become–as political subterfuge and “political correctness” bind the wrists of the media’s liars for hire. As for the phonies, and apparently, a few Ukrainian nazis, who were “actors” hired to create the false flag Jan 6th event–these were the true enemies and anti-American saboteurs. But don’t hold your breath folks–the MSM is much too corrupt to dig too deep…not yet at least.

  2. walter anderson

    Fortunately no rounds penetrated the victim to strike any of the multiple law enforcement in riot gear directly behind the victim.

  3. I am not condemning Trump supporters, I consider myself one. I would vote for him tomorrow and believe there is ample evidence to support election fraud. I do not, however, support what happened on Jan6. at the capitol. Few Trump supporters do. I have watched hours of videos, including her punching other protestors, the cops letting people in, etc. It was not an “insurrection” by any measure. It did develop into a mob basically trashing the place. With the help of some violent miscreants. Very possibly paid by people in our own government. There comes a point when you realize a peaceful protest has been hijacked and has taken a very wrong turn. If you see guys dressed in black with rappelling gear rappelling down ropes its a sign to get out there. Breaking windows and fighting with cops is a sign to get out of there. What happened to Ashley Babbitt is heartbreaking. She is former military, She should have known that the rule of law had broken and at some point she should have realized she shouldn’t have been there. It was chaos. She shouldn’t have paid with her life. If she had used good sense she would have left and still be alive today. It was a chain of events, break one link in the chain and the tragedy doesn’t happen. And it is a lengthy chain indeed. Had the election been conducted honorably, the chain would have been broken. If the riots of the summer of 2020 been handled effectively, the chain would have been broken. Had the news done the job they are supposed to do, the chain would have been broken. It was a dark day in American history. There is tons of blame to go around to every one involved, and I do mean EVERYONE. It’s time to quit picking at the scab. Let reason, not emotion rule the day. It’s time to move on. Let it heal, but don’t ever forget. Implement some substantive election reform. Paper ballots. Even election ink. The dominion machined are now tainted, get rid of them. I do believe the future of the Republic is a stake. Like the Founders Fathers did, take some time think, pray and get it right.

    1. It was “False Flag” from the word “Gp.”
      Satan’s Deep State WANTED it to happen, just like
      they wanted the mass shootings to happen.
      The former United States of America is 100 percent under
      demonic control.

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