A congressional investigation has revealed that the Capitol Police officer who fatally shot Ashli Babbitt during the January 6 riots and was later promoted has a significant internal affairs and disciplinary record, including multiple firearm-related incidents. According to documents obtained by Just the News, Captain Michael Byrd’s record includes a failed shotgun qualification test, a failed FBI background check for a firearm purchase, a 33-day suspension for losing a weapon, and a referral to Maryland state prosecutors for firing his gun at a stolen car fleeing his neighborhood.
The findings emerged as part of a broader investigation by the House Administration Oversight Subcommittee into the Capitol Police disciplinary process. The details were outlined in a letter sent Wednesday by Rep. Barry Loudermilk (R-Ga.), the subcommittee’s chairman, to Capitol Police Chief Thomas Manger. In the letter, Loudermilk raised concerns about Byrd’s promotion to captain despite his disciplinary history, the outlet reported.
“This Subcommittee is dedicated to ensuring USCP has autonomy from political pressures so it can make operational and personnel decisions,” Loudermilk wrote in the letter. “However, based on the information obtained by the Subcommittee regarding USCP’s handling of Captain Byrd following January 6, 2021, and his significant disciplinary history, I have concerns about USCP’s decision to promote him to the rank of Captain.” Boyd was reportedly a lieutenant when he shot and killed Babbitt, so it appears as though he got promoted after the incident.
The outlet noted that the incidents described in Loudermilk’s letter are corroborated by congressional records and police reports that date as early as 2004 including:
A 2004 incident where Byrd, who was off duty, fired his weapon at a stolen vehicle as it was fleeing his residential neighborhood;
A 2015 “conduct unbecoming an officer” complaint filed by a fellow officer after Byrd, again off duty, confronted him while the officer was working at a high school football game in an incident with racial overtones;
A 33-day suspension in 2019 after Byrd left his service weapon unattended in a public Capitol Hill bathroom;
A failure to pass a routine background check shortly after Jan. 6 when attempting to purchase a shotgun for home protection, after the USCP worked to provide Byrd a department-issued shotgun instead, he failed the training; and
Three further referrals to the Capitol Police Office of Professional Responsibility for which records are reportedly missing.
The dismal record will once again raise questions about how difficult it appears to be to fire federal employees, which President-elect Donald Trump and his incoming administration have vowed to address as soon as possible. In his sole interview to date, Byrd spoke with NBC News’ Lester Holt about his actions on January 6, defending his decision to use his firearm against Babbitt, an unarmed pro-Trump protester who was climbing through the broken glass of a door leading to the House chamber. Critics at the time said Byrd had several other options instead of shooting her.
“I believe I showed utmost courage on January 6, and it’s time for me to do that now,” Byrd said when h e was asked why he decided to come forward publicly. Byrd told Lester Holt that he was “very afraid” on January 6 as protesters attempted to climb through the barricades blocking the doors to the House chambers. At the same time, he was receiving reports from around the Capitol of “breaches at various barricaded areas, officers being overrun, and officers being down.” Defending his decision to shoot an unarmed Ashli Babbitt, Byrd stated that, in his judgment, she was “posing a threat” to the members of the House he was responsible for protecting.
An internal USCP investigation completed in August 2021 determined that then-Lieutenant Byrd’s conduct was “lawful and within Department policy.” As a result, the department concluded that Byrd would not face any internal discipline for the officer-involved shooting.
A federal judge in September set a trial date for the wrongful death lawsuit filed by the family of Babbitt. Conservative legal group Judicial Watch, assisting in the lawsuit filed by Babbitt’s husband, Aaron, announced that Judge Ana C. Reyes of the U.S. District Court for the District of Columbia has scheduled the trial for July 20, 2026. The lawsuit seeks $30 million in damages.
Following a hearing that month, Judicial Watch reported that Judge Reyes is considering a request to transfer the case to California, where Ashli Babbitt’s family resides, the Washington Examiner reported. “Ashli Babbitt’s family is relieved Ashli’s case is moving forward to trial on all fronts,” Judicial Watch President Tom Fitton said. “They seek justice and accountability for Ashli’s violent and lawless death at the hands of U.S. Capitol Police Lt. Byrd.”
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