Babbitt Murderer Walks

PUBLISHED: 1:30 PM 15 Apr 2021
UPDATED: 5:57 PM 15 Apr 2021

Ashli Babbitt’s Murderer Off Without Charges, DOJ Is Lying About It

Because the victim was white, and apparently a person who supported the United States Constitution, her death does not matter.

No justice. (Source: YouTube Screenshot)

We don’t even know the name of the man who gunned down unarmed Ashli Babbitt in cold blood, but less than 24 hours after police killed a criminal (wanted for vicious crimes), we know the officer’s name and she’s facing charges. What is the difference? One victim was white and a patriot, the other was a lawbreaker, and black.

Conservative Treehouse reported:

Infuriating… and the timing of the DOJ announcement explains Biden on distract television today.

Not only did the DOJ not prosecute the Capitol Hill police officer who murdered Ashli Babbitt, but they still refuse to name him.  The sunlight upon the two-tiers of justice in the United States is at a supernova level of intensity.  Everything about this DOJ announcement is FUBAR:

WASHINGTON – The U.S. Attorney’s Office for the District of Columbia and the Civil Rights Division of the U.S. Department of Justice will not pursue criminal charges against the U.S. Capitol Police officer involved in the fatal shooting of 35-year-old Ashli Babbitt, the Office announced today.

The U.S. Attorney’s Office for the District of Columbia’s Public Corruption and Civil Rights Section and the Civil Rights Division, with the Metropolitan Police Department’s Internal Affairs Division (IAD), conducted a thorough investigation of Ms. Babbitt’s shooting. Officials examined video footage posted on social media, statements from the officer involved and other officers and witnesses to the events, physical evidence from the scene of the shooting, and the results of an autopsy.

Based on that investigation, officials determined that there is insufficient evidence to support a criminal prosecution. Officials from IAD informed a representative of Ms. Babbitt’s family today of this determination.

The investigation determined that, on January 6, 2021, Ms. Babbitt joined a crowd of people that gathered on the U.S. Capitol grounds to protest the results of the 2020 presidential election. Inside the Capitol building, a Joint Session of Congress, convened to certify the results of the Electoral College vote, was underway. Members of the crowd outside the building, which was closed to the public during the Joint Session, eventually forced their way into the Capitol building and past U.S. Capitol Police (USCP) officers attempting to maintain order. The Joint Session was stopped, and the USCP began evacuating members of Congress.

The investigation further determined that Ms. Babbitt was among a mob of people that entered the Capitol building and gained access to a hallway outside “Speaker’s Lobby,” which leads to the Chamber of the U.S. House of Representatives. At the time, the USCP was evacuating Members from the Chamber, which the mob was trying to enter from multiple doorways. USCP officers used furniture to barricade a set of glass doors separating the hallway and Speaker’s Lobby to try and stop the mob from entering the Speaker’s Lobby and the Chamber, and three officers positioned themselves between the doors and the mob.

Members of the mob attempted to break through the doors by striking them and breaking the glass with their hands, flagpoles, helmets, and other objects. Eventually, the three USCP officers positioned outside the doors were forced to evacuate. As members of the mob continued to strike the glass doors, Ms. Babbitt attempted to climb through one of the doors where glass was broken out. An officer inside the Speaker’s Lobby fired one round from his service pistol, striking Ms. Babbitt in the left shoulder, causing her to fall back from the doorway and onto the floor. A USCP emergency response team, which had begun making its way into the hallway to try and subdue the mob, administered aid to Ms. Babbitt, who was transported to Washington Hospital Center, where she succumbed to her injuries.

The focus of the criminal investigation was to determine whether federal prosecutors could prove that the officer violated any federal laws, concentrating on the possible application of 18 U.S.C. § 242, a federal criminal civil rights statute. In order to establish a violation of this statute, prosecutors must prove, beyond a reasonable doubt, that the officer acted willfully to deprive Ms. Babbitt of a right protected by the Constitution or other law, here the Fourth Amendment right not to be subjected to an unreasonable seizure.

Prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so “willfully,” which the Supreme Court has interpreted to mean that the officer acted with a bad purpose to disregard the law. As this requirement has been interpreted by the courts, evidence that an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent required under Section 242.

The investigation revealed no evidence to establish beyond a reasonable doubt that the officer willfully committed a violation of 18 U.S.C. § 242. Specifically, the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber. Acknowledging the tragic loss of life and offering condolences to Ms. Babbitt’s family, the U.S. Attorney’s Office and U.S. Department of Justice have therefore closed the investigation into this matter. (link)

Gateway Pundit added:

The Biden Justice Department announced Wednesday it has closed the investigation into the homicide death of Trump supporter Ashli Babbitt that took place inside the Capitol during the January 6 riot. This was while Congress was meeting in joint session to certify the November presidential election in favor of Joe Biden.

Babbitt, who was unarmed, was shot and killed without apparent warning by a plainclothes Capitol Police officer as she climbed through a broken window in a door at the Speaker’s Lobby. The name of the officer was not released.

The statement concluded, “…the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber. Acknowledging the tragic loss of life and offering condolences to Ms. Babbitt’s family, the U.S. Attorney’s Office and U.S. Department of Justice have therefore closed the investigation into this matter.”

Ashli Babbitt was a 35-year-old Air Force veteran who left behind a husband, Aaron Babbitt. The couple ran a pool service business in Spring Valley, California.

Statement by the U.S. Attorney for the District of Columbia:

Department of Justice Closes Investigation into the Death of Ashli Babbitt

WASHINGTON – The U.S. Attorney’s Office for the District of Columbia and the Civil Rights Division of the U.S. Department of Justice will not pursue criminal charges against the U.S. Capitol Police officer involved in the fatal shooting of 35-year-old Ashli Babbitt, the Office announced today.

The U.S. Attorney’s Office for the District of Columbia’s Public Corruption and Civil Rights Section and the Civil Rights Division, with the Metropolitan Police Department’s Internal Affairs Division (IAD), conducted a thorough investigation of Ms. Babbitt’s shooting. Officials examined video footage posted on social media, statements from the officer involved and other officers and witnesses to the events, physical evidence from the scene of the shooting, and the results of an autopsy. Based on that investigation, officials determined that there is insufficient evidence to support a criminal prosecution. Officials from IAD informed a representative of Ms. Babbitt’s family today of this determination.

The investigation determined that, on January 6, 2021, Ms. Babbitt joined a crowd of people that gathered on the U.S. Capitol grounds to protest the results of the 2020 presidential election. Inside the Capitol building, a Joint Session of Congress, convened to certify the results of the Electoral College vote, was underway. Members of the crowd outside the building, which was closed to the public during the Joint Session, eventually forced their way into the Capitol building and past U.S. Capitol Police (USCP) officers attempting to maintain order. The Joint Session was stopped, and the USCP began evacuating members of Congress.

The investigation further determined that Ms. Babbitt was among a mob of people that entered the Capitol building and gained access to a hallway outside “Speaker’s Lobby,” which leads to the Chamber of the U.S. House of Representatives. At the time, the USCP was evacuating Members from the Chamber, which the mob was trying to enter from multiple doorways. USCP officers used furniture to barricade a set of glass doors separating the hallway and Speaker’s Lobby to try and stop the mob from entering the Speaker’s Lobby and the Chamber, and three officers positioned themselves between the doors and the mob. Members of the mob attempted to break through the doors by striking them and breaking the glass with their hands, flagpoles, helmets, and other objects. Eventually, the three USCP officers positioned outside the doors were forced to evacuate. As members of the mob continued to strike the glass doors, Ms. Babbitt attempted to climb through one of the doors where glass was broken out. An officer inside the Speaker’s Lobby fired one round from his service pistol, striking Ms. Babbitt in the left shoulder, causing her to fall back from the doorway and onto the floor. A USCP emergency response team, which had begun making its way into the hallway to try and subdue the mob, administered aid to Ms. Babbitt, who was transported to Washington Hospital Center, where she succumbed to her injuries.

The focus of the criminal investigation was to determine whether federal prosecutors could prove that the officer violated any federal laws, concentrating on the possible application of 18 U.S.C. § 242, a federal criminal civil rights statute. In order to establish a violation of this statute, prosecutors must prove, beyond a reasonable doubt, that the officer acted willfully to deprive Ms. Babbitt of a right protected by the Constitution or other law, here the Fourth Amendment right not to be subjected to an unreasonable seizure. Prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so “willfully,” which the Supreme Court has interpreted to mean that the officer acted with a bad purpose to disregard the law. As this requirement has been interpreted by the courts, evidence that an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent required under Section 242.

The investigation revealed no evidence to establish beyond a reasonable doubt that the officer willfully committed a violation of 18 U.S.C. § 242. Specifically, the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber. Acknowledging the tragic loss of life and offering condolences to Ms. Babbitt’s family, the U.S. Attorney’s Office and U.S. Department of Justice have therefore closed the investigation into this matter.

Gateway Pundit reported:

As reported earlier — The Biden Justice Department announced Wednesday it has closed the investigation into the homicide death of Trump supporter Ashli Babbitt that took place inside the Capitol during the January 6 riot. This was while Congress was meeting in joint session to certify the November presidential election in favor of Joe Biden.

Babbitt, who was unarmed, was shot and killed without apparent warning by a plainclothes Capitol Police officer as she climbed through a broken window in a door at the Speaker’s Lobby. The name of the officer was not released.

The DOJ stated that shooting her dead without warning was appropriate.  Evidently, this is the new standard for murder in our country.

The statement concluded, “…the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber. Acknowledging the tragic loss of life and offering condolences to Ms. Babbitt’s family, the U.S. Attorney’s Office and U.S. Department of Justice have therefore closed the investigation into this matter.”

Ashli Babbitt was a 35-year-old Air Force veteran who left behind a husband, Aaron Babbitt. The couple ran a pool service business in Spring Valley, California.

On Wednesday afternoon the lead attorney representing the Babbit family, Terry Roberts, issued a press release following the DOJ’s earlier announcement.

Roberts explained, “A press release issued by the U.S. Attorney’s Office declared that “(t)he investigation revealed no evidence to establish beyond a reasonable doubt that the officer willfully committed a violation of 18 U.S.C. Sec. 242… This double-negative is an odd way of explaining the basis for not bringing charges. It plainly glosses over the obvious problems of squaring the decision not to prosecute with the known facts. The actual evidence is this: the officer shot an unarmed woman who was not an immediate threat to him or any Member of Congress. This is inconsistent with any claim of self-defense.”

Roberts then ended his statement by stating the legal team’s decision to proceed with their goal of true justice, “We strongly disagree with the U.S. Attorney’s decision. But we are not dissuaded from our goal of ultimately vindicating Ashli Babbitt’s constitutional rights in the civil arena.”

The shooting death of US Veteran Ashli Babbit was murder, plain and simple. Babbit did not represent a threat. The officer did not warn Babbit and disappeared after he shot her in cold blood. This case is far from over.

Techno Fog summed it up perfectly:

Today, the U.S. Attorney’s Office for the District of Columbia issued a press release explaining their decision to not prosecute the officer who shot and killed unarmed protester (and veteran) Ashli Babbitt on January 6, 2021.

It states that DOJ officials, along with the Metropolitan Police Department’s Internal Affairs Division, “conducted a thorough investigation of Ms. Babbitt’s shooting.” This included reviewing video footage, getting statements from officers and other witnesses, collecting physical evidence, and the results of Ms. Babbitt’s autopsy.

They explain:

“As members of the mob continued to strike the glass doors, Ms. Babbitt attempted to climb through one of the doors where glass was broken out.  An officer inside the Speaker’s Lobby fired one round from his service pistol, striking Ms. Babbitt in the left shoulder, causing her to fall back from the doorway and onto the floor.”

You’ll notice there’s no mention of a verbal warning to Ms. Babbitt or other efforts to subdue her without the use of deadly force.

Continuing on, the DOJ maintains that the “focus of the criminal investigation was to determine whether federal prosecutors could prove that the officer violated any federal laws, concentrating on the possible application of 18 U.S.C. § 242, a federal criminal civil rights statute.”

The DOJ concluded:

“The investigation revealed no evidence to establish beyond a reasonable doubt that the officer willfully committed a violation of 18 U.S.C. § 242.  Specifically, the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber.”

This conclusion should be no surprise. Not because of the law or the facts, but because of the people in charge of the Department of Justice. The U.S. Capitol Police, like the Park Police, have always had a special relationship with the DOJ – one that includes preferential treatment. This case is no different.

For starters, the three basic elements to a prosecution under 18 U.S.C. § 242 are that the defendant (1) acting under color of law; (2) willfully; (3) deprived the victim of a federally protected right.

Excessive force is easy to establish. The Supreme Court has held that the government must introduce evidence that the action of the officer in shooting to kill Babbitt was “excessive in relation” to a legitimate government objective. Kingsley v. Hendrickson, 135 S. Ct. 2466, 2473-2474 (2015). This is an objective standard – the force must be objectively unreasonable when viewed from the standpoint of a reasonable officer at the scene. Here, Babbitt was unarmed, was climbing through a window and not attacking anyone. In response, she is shot and killed. Easily excessive.

This brings us to “willfulness.”

We have serious doubts about the DOJ position that there was “no evidence” to establish beyond a reasonable doubt that the officer willfully violated Section 242. As an initial matter, the DOJ press release neglects to mention whether the officer used excessive force, instead going right to an analysis on willfulness. We believe this reveals their intent to soften the blow of the press release.

As to willfulness, 18 U.S.C. applies “when the defendant understands that he is unjustifiably invading a legally protected interest, or acts in reckless disregard of the law.” However, the defendant need not have been “thinking in constitutional terms,” as long as his “aim was not to enforce local law but to deprive a citizen of a right and that right was protected by the Constitution.” Screws v. United States, 325 U.S. 91, 106 (1945).

Here, the DOJ exaggerates – and at worst, lies – about its “willfulness burden.” We doubt the DOJ couldn’t prove willfulness in this case.

In fact, the DOJ has brought Section 242 prosecutions with less egregious facts.

As the DOJ has argued in other cases, the officer’s prior training on the use of force could be viewed “as evidence that his conduct was willful.” Are we to think that this officer didn’t have training on when force became excessive?

In another case, the DOJ argued to the Fourth Circuit Court of Appeals that to establish “willfulness,” the jury was required to find that the defendant “intended to use more force than was reasonable under the circumstances – i.e., force that violated [the victim’s] well-established due rights as a pretrial detainee.”

What makes the Babbitt case different? The victim and the location.

This case should have gone to the jury. If this killing took place in Minnesota or Chicago the results would have been different.