A federal judge has ordered the Justice Department to “answer” charges in a $30 million wrongful death suit on behalf of Ashli Babbitt, the 35-year-old Trump supporter shot dead as she entered a lobby just off the House floor during the Jan. 6 Capitol riots.

In a sign that the case filed by Babbitt’s estate and Washington-based Judicial Watch has been greenlighted, U.S. District Court Judge Ana C. Reyes gave the government a month to address four of the seven counts in the lawsuit.

Those four include the “wrongful” death count as well as negligence and assault and battery claims against then-U.S. Capitol Police Lt. Michael Byrd.

The judge also said she would listen to further pleas from Judicial Watch to have the trial heard in San Diego, home to Babbitt’s husband. A court there sent the case to Washington, where most of the Jan. 6 cases have been heard.

“Ashli Babbitt’s family is thrilled the $30 million wrongful death lawsuit for her outrageous killing is moving full speed ahead,” Judicial Watch President Tom Fitton said.

Babbitt, an Air Force veteran who was a decorated security forces controller, was in Washington to attend the Save America rally on Jan. 6 at the Ellipse, where then-President Donald Trump delivered a speech. She was not affiliated with any protest group.

The suit put the blame of Babbitt’s death on Byrd and says he was poorly trained, didn’t follow safety protocols, and gave no warning. Recently released video shows protesters smashing the glass of swinging doors to the Speaker’s Lobby and eventually Babbit stepping through one of the glass panels and being shot.

The suit said, “When Lt. Byrd shot and killed Ashli on January 6, 2021, he breached multiple, applicable standards of care governing (A) the safe use of a firearm; (B) the perception and assessment of imminent threats; (C) use of force levels and escalation/de-escalation of force; (D) the perception and assessment of relevant facts; (E) the use of warnings; (F) firing backdrops; and (G) obtaining timely, appropriate medical aid, among other breaches to be identified through discovery. Had Lt. Byrd adhered to these standards, he would not have fired, and Ashli would be alive today.”

The shooting was investigated and Byrd was never punished.

A federal judge scheduled a trial date for a wrongful death lawsuit brought by the family of Jan. 6 protester Ashli Babbitt, who died after being shot by U.S. Capitol Police officer Michael Byrd.

The watchdog group Judicial Watch, which is helping in the lawsuit filed by Babbitt’s husband, Aaron, revealed that Judge Ana C. Reyes of the U.S. District Court for the District of Columbia scheduled a trial date of July 20, 2026, for the $30 million wrongful death suit.

Following a Friday hearing on the case, Judicial Watch also said Reyes is considering a request to move the case to California, where Ashli Babbitt’s family lives.

“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.”

The case is an outgrowth of the Capitol riot on Jan. 6, 2021, when supporters of then-President Donald Trump threatened to stop the certification of the Electoral College vote making Joe Biden president.

Ashli Babbitt was part of a crowd of protesters attempting to enter the Speaker’s Lobby behind the House chamber. As she was pushed through the window in a doorway, Byrd opened fire and killed her.

The Judicial Watch complaint said Ashli Babbitt was unarmed and held her hands up as she entered the hallway, but that didn’t stop the shooting.

“Lt. Byrd later confessed that he shot Ashli before seeing her hands or assessing her intentions or even identifying her as female. Ashli was unarmed. Her hands were up in the air, empty, and in plain view of Lt. Byrd and other officers in the lobby,” the lawsuit noted.

“Lt. Byrd, who was not in uniform, did not identify himself as a police officer or otherwise make his presence known to Ashli. Lt. Byrd did not give Ashli any warnings or commands before shooting her dead,” the complaint added.

Byrd’s actions were investigated by the government, and he was not punished.

Some 2,000 people have been arrested and charged in the riots in a sweeping dragnet by the FBI. In many of those cases, charges are now being dropped following a Supreme Court decision that the Biden administration overreached in using an obstruction law to jail Trump’s supporters.

Trump has denied encouraging his supporters to block the presidential vote in Congress, and he has promised to pardon those charged in nonviolent cases.

The suit was originally filed in California where Ashli Babbitt, 35, owned and operated a pool business with her husband. She traveled alone from San Diego to Washington, D.C., to attend the “Women for America First” rally at the Ellipse, which featured Trump.

Judicial Watch has been a leader in the legal effort to challenge the government’s story of the Jan. 6 riots. [url=https://www.judicialwatch.org/jw-v-dc-ashli-babbitt-november-2021-audio-001710/It recently revealed a video of Ashli Babbitt’s shooting[/url] that appears to back up the claims in the lawsuit.