The U.S. Air Force will provide full military funeral honors to Ashli Babbitt, the Air Force veteran fatally shot inside the U.S. Capitol on Jan. 6, 2021, by then-Capitol Police Lt. Michael Byrd.
The development comes after Judicial Watch wrote to Defense Secretary Pete Hegseth urging him to “make a new determination granting military funeral honors” for Babbitt, which had been denied by the Biden administration. Senior counsel Robert Sticht asked Hegseth to consider two recent updates related to the case.
First, on January 20, 2025, President Trump granted clemency for certain offenses relating to the events at or near the United States Capitol on January 6, 2021. The Presidential proclamation states, “This proclamation ends a grave national injustice that has been perpetrated upon the American people over the last four years and begins a process of national reconciliation.” President Trump (a) commuted the sentences of certain individuals convicted of offenses related to events that occurred at or near the U.S. Capitol on January 6, 2021; (b) granted a full, complete and unconditional pardon to all other individuals convicted of [similar] offenses….
Second … on July 2, 2025, the United States of America paid a damage award of nearly five million dollars to settle a wrongful death lawsuit that Judicial Watch and I brought forward on behalf of the Estate of Ashli Babbitt and her husband Aaron Babbitt to ensure justice and accountability for the fatal shooting of Ashli Babbitt on January 6, 2021. Once again, Gen. Kelly's denial of military funeral honors for Ashli's funeral cannot be reconciled with this landmark legal settlement. Many well-documented facts now clearly show that the fatal shooting was not justified.
For example, Ashli was the only official homicide on January 6, 2021. Ashli, age 35, was unarmed when she was fatally shot. She stood 5’3’ tall and weighed 115 pounds. Her hands were up in the air, empty, and in plain view of Lt. Byrd and four armed officers behind him. Seven additional armed officers were behind Ashli, including four Containment and Emergency Response Team officers. Ashli posed no threat to the safety of any officer nor any Member of Congress who stayed after Member evacuation. Ashli was begging officers to call for backup before she was shot. Officers ignored Ashli. The only shot fired that day was the one Lt. Byrd fired to kill Ashli. Lt. Byrd was not in uniform. Lt. Byrd did not identify himself as a police officer or otherwise make his presence known to Ashli. Lt. Byrd also did not give Ashli any warnings or commands before firing the shot that killed her. Ashli never saw Lt. Byrd because he was hidden from her view. She was ambushed and defenseless. Multiple witnesses at the scene yelled, “you just murdered her.” Lt. Byrd later told the world on NBC Nightly News that he “had no clue” about the individual he shot. “I didn't even know it was a female until hours, way later ... that night,” he said. (Judicial Watch)
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Persuaded by developments since the initial request was denied in 2021 and the circumstances of her death, Under Secretary of the Air Force Matthew L. Lohmeier wrote to Babbitt's husband and mother telling them he believe the "previous determination was incorrect."
Judicial Watch President Tom Fitton praised the decision.
“Ashli Babbitt’s family is grateful to President Trump, Secretary Hegseth and Under Secretary Lohmeier for reversing the Biden Defense Department’s cruel decision to deny Ashli funeral honors as a distinguished veteran of the Air Force,” said Fitton. “Judicial Watch’s team spent years investigating, litigating, and exposing the truth about Ashli’s homicide. Judicial Watch is proud to have done its part in bringing her family a measure of justice and accountability for Ashli’s outrageous killing. And our battle for justice will continue.”
BREAKING: The US Air Force has RESTORED funeral honors to veteran Ashli Babbitt -- reversing a vicious, political decision by the Biden regime to deny them to her and her grieving family. Thank you @RealDonaldTrump, @SecDef @PeteHegseth and @usairforce Under Sec @matthewlohmeier!… https://t.co/kdSCWkelUg
— Tom Fitton (@TomFitton) August 27, 2025
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