A wrongful death lawsuit filed by Jan. 6 rioter Ashli Babbitt’s family against the U.S. government will go to trial in 2026, a judge said Friday during a status hearing in the case.
U.S. District Judge Ana Reyes set a trial date of July 20, 2026, after lawyers for Babbitt’s estate and the government both said the 2025 timeline originally ordered by the judge would create a difficult race against the clock.
The parties initially requested a pretrial schedule in the $30 million suit that would stretch into 2027 before heading to trial around October or November of that year. Reyes rejected the proposal as “unacceptable” and directed them to create a timeline that would put the trial in December 2025 “at the latest.”
Despite submitting a new proposal, the parties told the judge that a December 2025 trial date might hinder efforts to obtain evidence from law enforcement, medical personnel and other witnesses in the case, which they said is expected to have “substantial” discovery.
“In light of these circumstances and the significance of this case, the Parties believe that a modest extension of the discovery period and trial date may be warranted,” they wrote in a Thursday joint statement to Reyes.
Reyes then said she would consider accepting an agreed upon trial date no later than June 2026. But at Friday’s hearing, after the parties said they were unavailable that June, the judge said the trial could begin in July.
Still, Reyes ripped into both parties over their initial proposals for discovery. Though Babbitt’s counsel and the government agreed discovery would last about eight months, they disagreed on how many discovery requests and depositions should be allowed as part of that process.
Babbitt’s counsel sought significantly more than the government, suggesting prosecutors aimed to limit discovery to “shield the facts and avoid or limit liability” for Babbitt’s death. The government contended Babbitt’s lawyers sought to turn the case into a “sweeping inquiry” into Jan. 6.
“This case is not going to turn into a discovery quagmire,” Reyes said. “You guys are going to work things out. You’re not going to bring any discovery dispute to me, and if one of you decides that you’re going to ignore me for the second time, you had better have the best argument you’ve ever had in your entire life.”
Babbitt was shot and killed by law enforcement during the Jan. 6, 2021, attack on the Capitol as she attempted to climb through a barricaded door to the Speaker’s lobby near the House chamber. The shooting, which was captured on video, transformed Babbitt into a martyr for the political right, which has portrayed her killing as unjust.
The lawsuit alleges that U.S. Capitol Police Lt. Michael Byrd was negligent when he fired at Babbitt that day, contending he “ambushed” the rioter. But an internal investigation by the U.S. Capitol Police found Byrd acted lawfully and within department policy, suggesting his actions “potentially saved members and staff from serious injury and possible death.”
Judicial Watch, a conservative legal group, filed the lawsuit for wrongful death and assault and battery in January on behalf of Babbitt’s estate and her husband, Aaron Babbitt.