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Police Officer Who MURDERED Ashli Babbitt Won’t Face Charges

Dadstoys said:
I don't want him dead.
Just in a husk of a body with his full mental faculties so he's got a couple of decades to fully contemplate the meaning of the word Karma.
Click to expand...

This is what I would prefer, not any physical harm, but to live every day with the knowledge of what he has done.
 

Justified Shooting Or Fair Game? Shooter Of Ashli Babbitt Makes Shocking Admission​


Authored by Jonathan Turley,

Here is my column in The Hill on the recent interview of Lt. Michael Byrd who was the hitherto unnamed Capitol Hill officer who shot Ashli Babbitt on January 6th.

The interview was notable in an admission that Byrd made about what he actually saw... and what he did not see.

Here is the column:

“That’s my job.” Those three words summed up a controversial interview this week with the long-unnamed officer who shot and killed Ashli Babbitt on Jan. 6. Shortly after being cleared by the Capitol Police in the shooting, Lt. Michael Byrd went public in an NBC interview, insisting that he “saved countless lives” by shooting the unarmed protester.

I have long expressed doubt over the Babbitt shooting, which directly contradicted standards on the use of lethal force by law enforcement. But what was breathtaking about Byrd’s interview was that he confirmed the worst suspicions about the shooting and raised serious questions over the incident reviews by the Department of Justice (DOJ) and, most recently, the Capitol Police.

Babbitt, 35, was an Air Force veteran and ardent supporter of former President Trump. She came to Washington to protest the certification of the presidential Electoral College results and stormed into the Capitol when security lines collapsed. She had no criminal record but clearly engaged in criminal conduct that day by entering Capitol and disobeying police commands. The question, however, has been why this unarmed trespasser deserved to die.

When protesters rushed to the House chamber, police barricaded the chamber’s doors; Capitol Police were on both sides, with officers standing directly behind Babbitt. Babbitt and others began to force their way through, and Babbitt started to climb through a broken window. That is when Byrd killed her.

At the time, some of us familiar with the rules governing police use of force raised concerns over the shooting. Those concerns were heightened by the DOJ’s bizarre review and report, which stated the governing standards but then seemed to brush them aside to clear Byrd.

The DOJ report did not read like any post-shooting review I have read as a criminal defense attorney or law professor. The DOJ statement notably does not say that the shooting was clearly justified. Instead, it stressed that “prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so ‘willfully.’” It seemed simply to shrug and say that the DOJ did not believe it could prove “a bad purpose to disregard the law” and that “evidence that an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent.”

While the Supreme Court, in cases such as Graham v. Connor, has said that courts must consider “the facts and circumstances of each particular case,” it has emphasized that lethal force must be used only against someone who is “an immediate threat to the safety of the officers or others, and … is actively resisting arrest or attempting to evade arrest by flight.” Particularly with armed assailants, the standard governing “imminent harm” recognizes that these decisions must often be made in the most chaotic and brief encounters.

Under these standards, police officers should not shoot unarmed suspects or rioters without a clear threat to themselves or fellow officers. That even applies to armed suspects who fail to obey orders. Indeed, Huntsville police officer William “Ben” Darby recently was convicted for killing a suicidal man holding a gun to his own head. Despite being cleared by a police review board, Darby was prosecuted, found guilty and sentenced to 25 years in prison, even though Darby said he feared for the safety of himself and fellow officers. Yet law professors and experts who have praised such prosecutions in the past have been conspicuously silent over the shooting of an unarmed woman who had officers in front of and behind her on Jan. 6.

Byrd went public soon after the Capitol Police declared “no further action will be taken” in the case. He proceeded to demolish the two official reviews that cleared him.

Byrd described how he was “trapped” with other officers as “the chants got louder” with what “sounded like hundreds of people outside of that door.” He said he yelled for all of the protesters to stop: “I tried to wait as long as I could. 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.”

Byrd could just as well have hit the officers behind Babbitt, who was shot while struggling to squeeze through the window.

Of all of the lines from Byrd, this one stands out:

“I could not fully see her hands or what was in the backpack or what the intentions are.”
Click to expand...
So, Byrd admitted he did not see a weapon or an immediate threat from Babbitt beyond her trying to enter through the window.

Nevertheless, Byrd boasted, “I know that day I saved countless lives.”

He ignored that Babbitt was the one person killed during the riot. (Two protesters died of natural causes and a third from an amphetamine overdose; one police officer died the next day from natural causes, and four officers have committed suicide since then.)

No other officers facing similar threats shot anyone in any other part of the Capitol, even those who were attacked by rioters armed with clubs or other objects.

Legal experts and the media have avoided the obvious implications of the two reviews in the Babbitt shooting.

Continues...

Zerohedge

ZeroHedge - On a long enough timeline, the survival rate for everyone drops to zero
www.zerohedge.com www.zerohedge.com
 

Sad but True: Jan. 6 Shooting of Ashli Babbitt was Legally Justified​

​

By Attorney Andrew Branca / September 1, 2021



I’ve been receiving a virtual tsunami of requests to do a use of force legal analysis of the shooting death of January 6 protestor Ashli Babbitt by Capital Police Lieutenant Michael Byrd as Babbitt appeared to be attempting to violently breach the barricaded doorway being guarded by Byrd.
In fact, I did a detailed legal analysis of this shooting only days after it occurred—“Capital Hill Shooting of Ashli Babbitt: Murder or Justified?” (Jan. 12, 2021)—although as with most of our content, access to that analysis was restricted to Law of Self Defense Members, who had the benefit of that analysis almost 8 months ago.
The last few days have seen a resurgence in requests for such a legal analysis of the Babbitt shooting, presumably as a result of two events. First, the August 28 interview of Lt. Byrd by NBC News Correspondent Lester Holt: “Extended Interview: Capitol Police Lt. Michael Byrd Speaks Out.” Second, an opinion piece on that interview published at The Hill by prominent legal expert Jonathan Turley: “Justified shooting or fair game? Shooter of Ashli Babbitt makes shocking admission.”
So, with those two additional pieces of information and opinion tossed into the legal discussion of the shooting death of Ashli Babbitt it seems an appropriate time to re-visit our legal analysis of that tragic event. (Fair warning to Law of Self Defense Members—much of this content is re-packaged from our January 12 analysis to which you’ve already had access.)

Continues...

Sad but True: Jan. 6 Shooting of Ashli Babbitt was Legally Justified – Law of Self Defense

lawofselfdefense.com lawofselfdefense.com
 
Thanks for sharing...

"For many of you it might be helpful to imagine if the protestors had consisted not of Trump supporters with perfectly legitimate concerns about the integrity of the election, but Black Lives Matters protestors who claim their own legitimate concerns about social justice.

Applying the same law to the same facts should arrive at the same legal outcome, regardless of which of those two groups was protesting. If you arrive at a different legal conclusion based on the group protesting, that’s probably an indication that you’ve allowed your political biases to taint your legal analysis."
 
Ah. Well. Byrd was shaken after the shoot.

I guess that makes everything hunky-dory, then. [rolleyes]
 
Spare me the legal gobbledygook Branca, Byrd was not in any kind of imminent fear for his life and he popped her. You can spin this any way you like but if one of us did this, we would be up on murder charges faster than you can say "Byrd is a pussy".
 
Lucas McCain said:
Spare me the legal gobbledygook Branca, Byrd was not in any kind of imminent fear for his life and he popped her. You can spin this any way you like but if one of us did this, we would be up on murder charges faster than you can say "Byrd is a pussy".
Click to expand...
The legal gobbledygook would apparently agree with your assessment. Libtard deep state prosecutors not so much
 

Kevin McCarthy Breaks With Trump, Tucker and Marjorie Taylor Greene: Ashli Babbitt Shooter ‘Did His Job’​

MSN

www.msn.com
 

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