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



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.)

VIDEO and TEXT versions of this content here:

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

Remember:

You carry a gun so you’re hard to kill.

Know the law so you’re hard to convict!

Stay safe!

--Andrew

Attorney Andrew F. Branca
Law of Self Defense LLC


Published on 4 years, 4 months ago






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