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  • Can Ashli Babbitt's Family Win Their Jan 6 Wrongful Death Case?

    Can Ashli Babbitt’s Family Win Their Jan 6 Wrongful Death Case?

Yes. With a San Diego jury and the District of Columbia’s Wrongful Death Act, they have a shot at a less “woke” outcome. Let’s face it: Judicial Watch is banking on a more conservative, pro-military jury. And San Diego, where I was stationed, is about as apple pie as you can get. Besides the D.C., “Administrative State” juries are known to crucify entrepreneurs, Republicans, and conservatives, with little love for vets. So, in a turn of events that continue to captivate, confound, and polarize the American public, the surviving husband of Ashli Babbitt – unarmed – is readying a wrongful death lawsuit in connection with the tragic events of January 6 near the House Chamber and Speakers’ lobby, shown here:

Photo of east entranceway to Speaker’s Lobby

Some argue it was an insurrectionist mob; others argue a few protestors rioted. Still, others say that the U.S. government instigated it. They allege the Department of Justice worked with social media and the left to distract from significant voting irregularities as well as the Hunter Biden Laptop censorship. As facts speak the truth, countless lives have been harmed, and the suit claims department policy was not followed, and proper use of care over the use of force was violated.

But can the husband prevail in his quest for justice? I am an award-winning wrongful death attorney, Michael Ehline. I have practiced law in San Diego, California, and the entire state of Texas. I have traveled throughout the country. I can attest that many people do not trust the media narrative, especially the lawmakers who ran the so-called January 6 Committee. The more the government tries to label things as misinformation or misinformation, the more people see it as “Orwellian.” People look at journalists at NBC News and assume it is political propaganda.

This case commands our attention. As a lawyer, I will approach this with an evidence-based approach. As we delve into this intricate and dynamic matter, we must address myriad intertwining factors, from political figures and law enforcement authorities’ controversial actions—or inaction—to the intense polarization of views on election legitimacy. You had better believe that civil discovery will be the hill this case if fought over.

It appears there were vast numbers of undercover informants and law enforcement involved in guiding protestors, as well as rowdy people there for an unlawful or nefarious purpose. As time went on, we saw the Twitter Files and newly released footage of that fateful day. As months go by, it has become clear we were spoon-fed a political narrative that failed to tell all sides of the story.

“In a multilayered, post-truth era, establishing a clear-cut cause and effect becomes a monumental task. Yet, it’s through this maze that we must navigate to explore the potential outcome of the Ashli Babbitt case.”

The Broad Strokes 

Before we plunge into the meat of our analysis, it’s essential to outline the key events and figures linked to this legal quandary involving our Washington, DC, Justice Department.

These include: 

  • Ashli Babbitt: A 35-year-old Air Force veteran who was fatally shot during the January 6 Capitol Riot.
  • The Babbitt Family: Asserting that Ashli’s death was needless and unlawful, they are gearing up for a wrongful death lawsuit.
  • Nancy Pelosi: Critics claim the Speaker of the House allowed the Capitol Riot to happen, redirecting blame from allegations of election manipulation to MAGA extremists.
  • Capitol Police Lt: Shoots/Kills Babbit after she purportedly tried to climb over a barricaded door through the broken window.
  • D.C. Police Chief: Interviewing the top cop sheds light on law enforcement preparedness and actions on that fateful day.
  • National Guard: Debate continues to stir over why they weren’t deployed at the Capitol and House Floor during the riot.
  • The Lawsuit

With these players on the chessboard, let’s unravel the twists and turns of this complex case. Throughout our journey, we will draw from the rich experience of the Ehline Firm, a leading player in wrongful death, and its impact on other personal injury matters within law courts.

Let’s examine the credentials of The Ehline Firm, at its staff, a stalwart in the arena of wrongful death and personal injury cases. They are reputed beings who transform the difficulty into a comprehensible narrative, which helps to scrutinize each narrative frame more precisely. We are not handling this case, but it’s the type of case we would file on behalf of you or your loved ones.

Dissecting the Ashli Babbitt Case 

Apparently, this case is being run by the best, Paul Orfanedes and Robert Patrick Sticht, based on the pleadings. I know Paul is a legit litigator, so I look forward to seeing his briefs. To briefly recap, Ashli Babbitt, as facts speak the truth, an Air Force veteran, died during the Capitol Hill riot on January 6 when she was struck by a bullet fired by a plain-clothed law enforcement officer at close range. Her death was a tragic one. 

The crucial question we ponder is, can her family win a wrongful death case? 

Typically, deciding this involves cut-and-dry evidence that the defendant’s actions caused the death and if these actions were negligent or indicate a deliberate disregard for human life. In Babbitt’s case, the challenge lies in proving that the officer’s response was not a consequent reaction to the perceived threat but one that encapsulates negligence or ill intent. 

Weighing Nancy Pelosi’s Role 

Many critics lay substantial blame on Speaker Nancy Pelosi, alleging that she failed to call in the National Guard to prevent the riot’s escalation. They speculate her inaction was a strategic move to shift public discourse from alleged election fraud to labeling the rioters as right-wing extremists. 

Capitol Police Officer Shoots Decedent in the Chest?

GSW to the chest

The legal action, coinciding with the three-year mark of the Capitol incursion by Trump loyalists, caused a few homes to think they could halt the certification of Biden’s victory. The survivors demand $30 million in compensation. Babbitt was fatally shot in the chest by Lt. Michael Byrd, a Capitol Police Officer who was allegedly part of a task force safeguarding Congress members in retreat. 

Here is Video of Byrd (Capitol Police Lt) Killing Babbitt

Reportedly, Babbitt was hit when she hoisted herself into the shattered window frame of a door under siege by the insurgents. But the video shows that Babbitt was shot by the plain-clothed capitol police near the Speaker’s lobby through a barricaded door. Byrd’s side claims Trump supporters are dangerous MAGA, based on their imminent threat assessment.

The lawsuit states deadly force was unnecessary, as demonstrated in the video evidence of how she was shot and killed on behalf of Babbitt’s estate.

The Capitol Police, Capitol Police Board, and ultimately Congress, as
Lt. Byrd’s employer, knew or should have known that Lt. Byrd was prone to behave
in a dangerous or otherwise incompetent manner and owed Ashli a duty to use
reasonable care in supervising, disciplining, and retaining Lt. Byrd.
78. Less than two years before January 6, 2021, on or about February 25,
2019, Lt. Byrd left his loaded Glock 22 – the same firearm he used to shoot and kill
Ashli Babbitt – in a bathroom in the Capitol Visitor Center (CVC) complex. Lt.
Complaint for Assault and Battery, Negligence, Survival and Wrongful Death
- 27 -
Byrd’s loaded Glock was discovered during a routine security sweep later the same
day. Approximately 15,00 to 20,000 people pass through the CVC,

At issue are Byrd’s actions, but discovery could blow much of the official U.S. government narrative off the hinges. Based on the D.C. chief and others, it appears that standards were not followed and that lives were risked to create a political narrative if Judicial Watch proves correct in its facts.

The DC Police Chief Interview: A Thread to Unravel 

Throwing fresh light on the developments of the case, an interview with the D.C. police chief mentioned Pelosi denying the National Guard’s deployment earlier. One could guess this potentially supports the theory of Pelosi’s role in letting matters exacerbate, but remember; this does not impeach her legally. 

Imagine being inside a movie-style conspiracy thriller, one where the authorities had prior knowledge of an impending attack but turned a blind eye. Sounds shocking, right? That’s the chilling belief of ex-Capitol Police Chief Steven Sund. He alleges that the January 6, 2021, U.S. Capitol insurrection was no surprise to the top brass of the government, and yet it was allowed to happen. A vague sense of foreboding that could have, and should have, been averted. So what does this potentially mean for the events that unfolded that day and their ongoing legal repercussions? It’s a winding path, so let’s navigate it step by step. 

“If I was allowed to do my job as a chief, we wouldn’t be here,” Sund said in the interview. “This didn’t have to happen. Everything appears to be a cover-up.”

Twisting Threads of the Cover-Up Theory 

Suppose Sund’s allegations are found to be true. In that case, it shines a disturbing light on the deep-rooted problems and secret understandings true within the system, potentially undermining the ongoing trials related to that fateful January day. 

  • The previously unaired interview, leaked by The National Pulse, points fingers towards people in power, raising questions about potential cover-ups and negligence.
  • Potential fallout for the Babbit wrongful death case – a controversy that is already under heavy scrutiny and brimming with tension.
  • Ex-President Donald Trump’s ongoing, contentious legal battle involving four criminal charges directly tied to the January 6, 2021, riot could see unforeseen developments.

So, where does this leave us? Stay with us as we delve deeper into these revelations and their possible implications.

The legal action, coinciding with the three-year mark of the Capitol incursion by Trump loyalists intending to halt the certification of Biden’s victory, demands $30 million in compensation.

Conclusively, the onus is on Ashli Babbitt’s family to prove that her death resulted from actionable negligence leading to her wrongful death. Ehline Firm’s proven track record in managing similar cases could provide essential insights into their legal battle. Remember, understanding the prospects of winning a lawsuit involves lots of variables, and this disentangles a few of these.

In an incredibly revealing interview, the D.C. Police Chief highlighted several intricate aspects of the harrowing incident. The pivotal points raised in the discussion provide additional layers to our understanding of the complex dynamics. 

Recall the mention of the delayed deployment of the National Guard. Let’s delve a bit deeper into this.  

The Dilemma of Deploying the National Guard 

In the interview, the stark reasoning on why the National Guard was not immediately deployed becomes evident. The DC Police Chief stated that law enforcement was reticent about an excessive military presence, worried it could inflame the already charged atmosphere. It was a classic catch-22: leave the Capitol relatively undefended or risk escalating tensions with a massive military show. 

Distilling the Pelosi Angle 

For those looking to unmask what many perceive as ‘Nancy Pelosi’s plot,’ the situation requires a meticulous examination. The theory holds that Pelosi enabled, or perhaps even instigated, a riot to distract from potential election fraud accusations. The subsequent chaos successfully diverted attention and cast MAGA supporters in an intensely negative light. 

Whether Pelosi’s actions or lack thereof, were intentional or grossly negligent remains shrouded in ambiguity. One thing is sure, though—the accusations have created political ripples and become a crucial subplot in Ashli Babbitt’s narrative. 

Husband of Ashli Babbitt files wrongful death suit against government

Judicial Watch came through for the husband, with attorney ROBERT PATRICK STICHT at the helm. The conservative legal advocacy group Judicial Watch filed a lawsuit in a California federal court for Aaron Babbitt and his estate. Here are some powerful excerpts from the complaint:

“Lt. Byrd’s police powers had been revoked on more than one occasion prior to January 6, 2021, for failing to meet or complete semiannual firearms qualification requirements. In fact, Lt. Byrd had a reputation among peers for not being a good shot. Under USCP’s range management system, an officer who fails to meet firearm qualification requirements is given one week of remedial training. If the officer still fails to qualify after remedial training, police powers are then revoked until the officer qualifies.

Lt. Byrd’s police powers also were revoked for a prior off-duty shooting into a stolen, moving vehicle in which the occupants were teenagers or juveniles. The stolen vehicle was Lt. Byrd’s car. Lt. Byrd fired multiple shots at the fleeing vehicle in a suburban area. Stray bullets from Lt. Byrd’s firearm struck the sides of homes nearby. An official investigation found that Lt. Byrd’s use of force was not justified. Lt. Byrd also had one prior use of force matter that was originally sustained by the Capitol Police.”

Here is a copy of the federal complaint.

Causes of action include, among other things,


The legal team leveled accusations against Byrd, claiming a breach of mandatory protocols related to firearm safety, application of force, and assessment of imminent threats. 

Moreover, they contended that during the incident, Byrd wasn’t in his uniform, made no declaration of his identity as an officer, and egregiously failed to provide any warning or directive to Babbitt before the fatal shooting. As the investigation and discovery unfold, we will give you a blow-by-blow.

In conclusion, I work with many First Amendment auditors, and based on what I see, failure to de-escalate and us versus them are often a facet of these cases. Yes, Babbitt’s survivors can win. It’s doubtful she will get the results in the George Floyd case, but the lack of riots and billions in property damage and deaths over her senseless killing honors her as a real American hero. Ultimately, I found it interesting that the D.C. Chief felt at least some DC activist insiders were trying to start a riot. So I am hoping discovery helps us understand if politics killed Ms. Babbitt, may God rest her soul.

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Michael Ehline

Michael Ehline is an inactive U.S. Marine and world-famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of U.S. history’s largest motorcycle accident settlements. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients. We pride ourselves on being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride and a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.