Judge sets trial in Ashli Babbitt wrongful death lawsuit for 2026

The federal judge overseeing the wrongful death lawsuit of Jan. 6 rioter Ashli Babbitt on Friday set the trial date for July of 2026, after both sides claimed it would be difficult to get everything sorted by the original 2025 deadline. 

Babbitt's family is suing the United States government for $30 million after she was fatally shot by law enforcement officers at the January 6 riot in 2021. The lawsuit accuses U.S. Capitol Police Lt. Michael Byrd of being negligent after he shot Babbitt as she was attempting to breach the House Speaker's lobby.

The parties involved in the lawsuit initially requested that the trial begin in 2027, but U.S. District Judge Ana Reyes ruled that the proposal was "unacceptable" and told the groups to request a trial date no later than December of 2025. However, she caved on Friday when both sides asked for another trial date and were not available in June of 2026, according to The Hill.

Both parties also agreed that discovery in the case would take approximately eight months, but sought to limit how many discovery requests could be made. The government argued that Babbitt's lawyers could try to turn the case into a broader inquiry on Jan. 6, while Babbitt's lawyers claimed the government would try to limit liability by shielding some facts.

“This case is not going to turn into a discovery quagmire,” Reyes told both sides. “You guys are going to work things out. You’re not going to bring any discovery dispute to me, and if one of you decides that you’re going to ignore me for the second time, you had better have the best argument you’ve ever had in your entire life.” 

The trial is now scheduled to start on July 20, 2026.

Misty Severi is an evening news reporter for Just The News. You can follow her on X for more coverage.