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Family of J6 rioter Ashli Babbitt shouldn’t get $5 million, and she isn’t a martyr | Opinion

Rioters at the U.S. Capitol fight to break through a police barrier on Jan. 6, 2021.
Rioters at the U.S. Capitol fight to break through a police barrier on Jan. 6, 2021. / USA TODAY NETWORK via Imagn Images

The family of Ashli Babbitt, the woman who was killed during the insurrection at the U.S. Capitol on Jan. 6, 2021, reached a settlement in their $30 million wrongful death lawsuit against the federal government. They’ll receive $5 million from the Trump administration. This is an affront to the rule of law, and it undermines our democratic institutions by rewarding the family of an individual who broke the law.

Babbitt is not a hero. Her family should not be compensated as a result of her actions on Jan. 6. The settlement is a betrayal to every law officer who was at the Capitol that day and those who paid the ultimate sacrifice.

On Jan. 6, Babbitt joined thousands of others who stormed the Capitol, assaulted police officers and forced their way into the building with the intent to overthrow the 2020 election. She was shot by a Capitol police officer while attempting to climb through a broken window in the Speaker’s Lobby of the Capitol. She was only a few feet from where elected officials had gathered to certify the 2020 election, but were now hiding and fearing for their lives.

Police repeatedly warned people to stay back. Babbitt ignored these orders. In any other context — airport security breach or trespassing on private government property (which she was) — attempting to push past armed guards in a secured area after being warned would result in lethal force possibly be used. Few would second guess that decision.

The officer who shot Babbitt was cleared of any wrongdoing, twice — once by the U.S. Attorney’s office and another time by the Capitol Police. The investigation into Babbitt’s death was closed because the Department of Justice found “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.”

The officer did his job, protecting elected officials, the Capitol and American democracy, and now the administration’s settlement sends the wrong message. Babbitt wasn’t a peaceful protester. Her death, while tragic, was the result of her own actions.

The settlement defies logic and fairness. She was part of a violent mob determined to stop the certification of an election. This isn’t about political ideology; it’s about upholding law and order.

Roughly 140 officers were injured on Jan. 6 — 73 Capitol Police and 65 from Metropolitan Police Department in Washington — making it one of the worst days of injuries for law enforcement since 9/11. Police were the real victims that day. Along with the elected officials who were under siege, staffers who worked in the building hid under their desks in fear of the mob coming for them and their bosses. If anyone has a financial claim to restitution, it’s them, not the extremists.

In America we have the freedom to disagree with our government and election outcomes, but violence has no place in that process.

In the wake of the Sept. 11 attacks, President George W. Bush made it clear that we don’t negotiate with terrorists. The same principle should be applied here. According to the Federal Bureau of Investigation, what happened on Jan. 6 is the definition of domestic terrorism, and Babbit played a role in that.

While the Trump administration has tried to whitewash the events of Jan. 6 by issuing pardons for roughly 1,600 people who were charged with attack on the Capitol, that doesn’t change the facts.

Babbitt broke the law. Ignored warnings. And participated in a violent insurrection with the intent of overthrowing the government. Under normal circumstances, we’d call that a crime and maybe even treason. Those actions shouldn’t be rewarded with millions of dollars from the government she tried to overthrow.

Mary Anna Mancuso is a member of the Miami Herald Editorial Board. Her email: mmancuso@miamiherald.com

This story was originally published May 21, 2025 at 6:00 AM.

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