Federal lawyers have entered settlement talks in the Ashli Babbitt wrongful death suit, signaling a potential shift in the Department of Justice’s stance on cases related to the January 6 Capitol riot.

“The parties have agreed to work in good faith to narrow or resolve issues in this case,” reads the latest filing, a joint status report between defense attorneys and Judicial Watch, representing Babbitt’s estate and her husband, Aaron Babbitt, according to a report by the Washington Examiner.

The new action comes after the DOJ fought the $30 million suit, which was first brought forth by Mr. Babbitt, whose wife, a retired Air Force veteran, was fatally shot by a Capitol Police officer as he repeatedly warned rioters not to enter the Speaker’s Lobby.

An internal investigation by Capitol Police officials concluded that the officer’s actions were lawful and compliant with Department policy. The policy states that officers may use deadly force only when they reasonably believe it is necessary to defend human life, including their own, or to protect any individual in immediate danger of serious physical harm. As a result, the officer did not face any internal discipline. 

“[The shooting] potentially saved Members and staff from serious injury and possible death from a large crowd of rioters who forced their way into the U.S. Capitol and to the House Chamber where Members and staff were steps away,” police officials said in the report, which also noted that rioters would have had “immediate access to the House Chambers” after shattering the glass door that leads into the Speaker’s Lobby.

Babbitt was the only protester shot by police that day. Lieutenant Michael Byrd, the officer who had opened fire, was promoted to the rank of captain in August 2023.

Judicial Watch has filed multiple Freedom of Information Act lawsuits, revealing attempts by the Capitol Police to conceal Captain Byrd’s identity after the shooting. It secured documents questioning his performance and training.

The legal watchdog group also released a video showing Babbitt being pushed through the doorway into the Speaker’s Lobby as Mr. Byrd opened fire.

“Ashli remained conscious for minutes or longer after being shot by Lt. Byrd. Ashli experienced extreme pain, suffering, mental anguish, and intense fear before slipping into pre-terminal unconsciousness,” according to the suit.

The officer had repeatedly yelled at rioters to get back as they were breaking through the glass before the shot was fired.

“I tried to wait as long as I could,” Mr. Byrd said in in an August 2021 interview with NBC News. “I hoped and prayed no one tried to enter through those doors. But their failure to comply required me to take the appropriate action to save the lives of members of Congress and myself and my fellow officers.”