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Judicial Watch Forces Release of DOJ Memo Declining Criminal Prosecution For Ashli Babbitt Killer Michael Byrd: Babbitt Shooting Evidence Missing!

June 7, 2022
Cristina Laila

Judicial Watch on Tuesday forced the release of a DOJ memo declining the criminal prosecution for Ashli Babbitt’s killer Michael Byrd.

Ashli Babbitt, a 14-year veteran from San Diego who served 4 tours with the US Air Force as a high-level security officer was shot and killed by Capitol Police Lt. Michael Byrd on January 6, 2021.

Ashli Babbitt was shot through a window on a closed door by an officer.

Babbitt appeared to be standing behind a group of people who were attempting to gain entry into the chamber.

Police had barricaded the doors and were attempting to keep the patriot protesters out — and then drew their weapons.

Michael Byrd opened fired and shot Ashli in the neck.

She was wheeled out of the Capital in a stretcher covered in blood and later pronounced dead.

Judicial Watch received a memo on the Jan 6 shooting recommending “that the United States Attorney’s Office for the District of Columbia decline for criminal prosecution the fatal shooting of Ashli McEntee [Babbitt],” also noting that the shooter, U.S. Capitol Police Lt. Michael Byrd, “did not create a police report or documents” related to the shooting of Babbitt.” the watchdog reported.

“The documents also reveal that in the press release announcing the decision not to prosecute Byrd for the killing of Babbitt, the DOJ replaced the words “group” and “crowd” with the word “mob” several times.”

“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.”  the memo states.

Judicial Watch reported:

The records contain the prosecution declination memorandum justifying the decision not to prosecute Byrd for the shooting death of Babbitt (nee McEntee) 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.

“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,” said Judicial Watch President Tom Fitton. “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.”

Read Judicial Watch’s full report on the DOJ memo here.

You can support Tom Fitton and Judicial Watch by clicking here.

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