Ashli Babbitt Lawsuit Update!

Judge Orders Justice Department to Answer Babbitt Wrongful Death Lawsuit
Judicial Watch Sues for Fauci Records Tied to FOIA/Covid Cover-Up
Jordanian Illegal Alien Who Tried to Breach Military Base Released

Judge Orders Justice Department to Answer Babbitt Wrongful Death Lawsuit

Our case on behalf of Air Force veteran Ashli Babbitt, who was murdered in the U.S. Capitol on January 6, 2021, is going forward.

Her family is thrilled that the lawsuit for her outrageous killing is moving full speed ahead.

Following a hearing on August 6, Judge Ana C. Reyes of the U.S. District Court for the District of Columbia ordered the Biden Justice Department to answer the $30 million wrongful death suit filed on behalf of Babbitt’s estate. She was killed by then-Capitol Police Lt. Michael Byrd.

The court gave the government 30 days, until September 6, to answer the complaint. The order also states that we can file a reply brief by August 23 in its petition to have the case returned to Babbitt’s home of San Diego where it was originally filed:

Minute Entry for proceedings held before Judge Ana C. Reyes: Pre-motion Conference held on 8/6/2024 via Zoom. For the reasons stated on the record, Plaintiff may file a reply brief by 8/23/24. Defendant to file a partial answer as to counts 1,2,6 and 7 by 9/6/2024. Rule 26 to be filed by 9/13/2024. Status Conference set for 9/20/2024 at 03:00 PM in Telephonic/VTC before Judge Ana C. Reyes.

Babbitt, 35, an Air Force veteran, owned and operated a successful pool business with her husband Aaron. Ashli traveled alone from San Diego to Washington, DC, to attend the Women for America First (aka Save America) rally on January 6, 2021, at the Ellipse.

We filed the lawsuit on January 5, 2024, in the U.S. District Court for the Southern District of California against the U.S. Government on behalf of Ashli Babbitt’s family. (Estate of Ashli Babbitt and Aaron Babbitt, et al. v. United States of America (No. 3:24-cv-00033)).

The Justice Department must respond to the lawsuit’s claims for wrongful death, assault and battery, negligence, and a claim for “survival action” under federal law. (As a result of the court’s order, the lawsuit will proceed on these key counts, as the court considers the Biden administration’s request to dismiss certain other claims.)

Our complaint recounts:

The shooting occurred at the east entrance to the Speaker’s Lobby. After demonstrators filled the hallway outside the lobby, two individuals in the crowded, tightly packed hallway struck and dislodged the glass panels in the lobby doors and the right door sidelight. Lt. Byrd, who is a United States Capitol Police commander and was the incident commander for the House on January 6, 2021, shot Ashli on sight as she raised herself up into the opening of the right door sidelight. 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 points out that, based on prior incidents involving Lt. Byrd, the Capitol Police, Capitol Police Board, and ultimately Congress, as Lt. Byrd’s employer, “knew or should have known that Lt. Byrd was prone to behave in a dangerous or otherwise incompetent manner.”

The next hearing is set for September 20.

In April 2024, records from the U.S. Department of Justice (DOJ) in a separate Freedom of Information Act (FOIA) lawsuit showed that the FBI opened a criminal investigation of Air Force veteran Ashli Babbitt after her killing and listed four “potential violations of federal law,” including felony rioting and civil disorder.

In September 2023, we received records from the Executive Office for United States Attorneys, a component of the Department of Justice, in a FOIA lawsuit that details the extensive apparatus the Biden Justice Department set up to investigate and prosecute January 6 protestors.

A previous review of records from that lawsuit highlighted the prosecution declination memorandum justifying the decision not to prosecute U.S. Capitol Police Lt. Michael Byrd for the shooting death of Babbitt.

In January 2023, documents from the Department of the Air Force, Joint Base Andrews, MD, showed U.S. Capitol Police Lieutenant Michael Byrd was housed at taxpayer expense at Joint Base Andrews after he shot and killed U.S. Air Force veteran Ashli Babbitt inside the U.S. Capitol on January 6, 2021.

In November 2021, we released multiple audio, visual and photo records from the DC Metropolitan Police Department about the shooting death of Babbitt on January 6, 2021, in the U.S. Capitol Building. The records included a cell phone video of the shooting and an audio of a brief police interview of the shooter, Byrd.

Judicial Watch Sues for Fauci Records Tied to FOIA/Covid Cover-Up

The Fauci operation seems to have had contempt for the public’s right to know about what exactly it was up to during Covid.

We filed a FOIA lawsuit against the U.S. Department of Health and Human Services (HHS) for records of retired NIAID Director Dr. Anthony Fauci, various top officials, grantees, and contractors regarding efforts to subvert FOIA and other information requests about Covid issues (Judicial Watch, Inc. v. U.S. Department of Health and Human Services (No. 1:24-cv-02185)).

We sued after the National Institute of Allergy and Infectious Diseases (NIAID – part of the NIH and a component of HHS) failed to respond to a May 23, 2024, FOIA request for records on:

1. Dr. David Morens, former top Scientific Advisor to retired NIAID Director Dr. Anthony Fauci, and current Senior Advisor at NIH, soliciting help, advice, or assistance in any manner from any employee of the NIAID or NIH’s Freedom of Information Act (FOIA) office including a) Margeret Moore b) Robin Schofield c) Marianne Manheim to circumvent, avoid (i.e. through use of private email, phone calls, deleting emails, etc.), or otherwise not respond in accordance with FOIA laws and regulations to FOIA requests.

2. Dr. Anthony Fauci, retired NIAID Director, NIH, soliciting help, advice, or assistance in any manner from any employee of the NIAID or NIH’s Freedom of Information Act (FOIA) office including a) Margeret Moore b) Robin Schofield c) Marianne Manheim to circumvent, avoid (i.e. through use of private email, phone calls, deleting emails, etc.), or otherwise not respond in accordance with FOIA laws and regulations to FOIA requests.

3. Communications between NIH and/or NIAD FOIA employees, including a) Marianne Manheim; b) Robin Schofield; c) Karen Lampe; concerning withholding information requested through FOIA regarding EcoHealth Alliance (EHA) and/or the Wuhan Institute of Virology (WIV).

4. Communications of Dr. David Morens, including use of private email, or advising anyone (internal or external to NIH) to communicate using private email channels (i.e. gmail) to conduct official government business when discussing the “Daszak Grant”, “COVID”, “EcoHealth Alliance”, “EHA”, “secret”, “kickbacks”, “Trump”, “Tony”, “WIV”, or the “Wuhan Institute of Virology”. This paragraph includes communications with a) Dr. Anthony Fauci, email [email protected] or @gmail.com b) Dr. Peter Daszak, EcoHealth Alliance email domain @ecohealthalliance.org c) Dr. Gerald Keusch, Boston University email domain @bu.edu d) Rich Roberts, New England Biolabs email domain @neb.come) Jay Peter Hotez, Baylor College of Medicine email domain @bcm.edu e) Tom Monath, Croze Biopharma, email domain @crozebiopharma.com f) James LeDuc, University of Texas Medical Branch, email domain @utmb.edu g) Laura Kramer, NY Health Department, email domain @health.ny.gov h) Nancye Green, Donovan Green Health, email [email protected].

5. Communications of Dr. David Morens with any employee at EcoHealth Alliance (email domain: @ecohealthalliance.org) regarding how to respond to NIH compliance efforts, requests, or investigations, concerning the NIH grant with EcoHealth Alliance.

6. Communications of Dr. Anthony Fauci, including using a private email, or advising anyone (internal or external to NIH) to communicate using private email channels (i.e. gmail) to conduct official government business when discussing the “Daszak Grant”, “COVID”, “EcoHealth Alliance”, “EHA”, “secret”, “kickbacks”, “Trump”, “Tony” “WIV”, or the “Wuhan Institute of Virology”. This paragraph includes communications with a) Dr. Anthony Fauci, email [email protected] or @gmail.com b) Dr. Peter Daszak, EcoHealth Alliance email domain @ecohealthalliance.org c) Dr. Gerald Keusch, Boston University email domain @bu.edu d) Rich Roberts, New England Biolabs email domain @neb.com e) Jay Peter Hotez, Baylor College of Medicine email domain @bcm.edu e) Tom Monath, Croze Biopharma, email domain @crozebiopharma.com f) James LeDuc, University of Texas Medical Branch, email domain @utmb.edu g) Laura Kramer, NY Health Department, email domain @health.ny.gov h) Nancye Green, Donovan Green Health, email [email protected].

On May 22, 2024, Morens testified before the House Select Subcommittee on the Coronavirus Pandemic at a hearing titled “A Hearing with the National Institute of Allergy and Infectious Diseases Senior Scientific Advisor, Dr. David Morens,” in which it was reported:

Evidence obtained by the Select Subcommittee shows Dr. Morens unlawfully deleted federal COVID-19 records, shared nonpublic information about National Institutes of Health (NIH) grant processes with his “best-friend” EcoHealth Alliance President Dr. Peter Daszak, and likely lied to Congress multiple times.

In prepared remarks by House Select Subcommittee on the Coronavirus Pandemic Chairman Bran Wenstrup, he notes:

We have evidence that Dr. Morens purposefully evaded public transparency required by the Freedom of Information Act by intentionally using a personal email account for official business.

We have evidence that Dr. Morens unlawfully deleted government records and may have engaged with the NIH FOIA office to assist this illegal action.

We have evidence that Dr. Morens routinely acted as an intermediary between Dr. Daszak and Dr. Fauci.

And we have evidence that Dr. Morens took affirmative steps to assist Dr. Daszak so that EcoHealth could have its grant reinstated after it was suspended under the Trump Administration.

Margeret Moore, who is cited in the our records requests, seems to be the so-called “FOIA Lady,” who allegedly advised Morens on how to circumvent FOIA and avoid responding to FOIA requests. She was then (now retired) NIAID’s FOIA public liaison whose official responsibilities included: “assisting in reducing delays; increasing transparency and understanding of the status of requests; and resolving disputes between you and the agency.” In two emails from February 24 and 25, 2021, which were subpoenaed by the Pandemic Subcommittee, Morens writes:

2/24/21 to a redacted recipient at a gmail address: … I learned from our foia lady here how to make emails disappear after I am foia’d but before the search starts, so I think we are all safe. Plus I deleted most of those earlier emails after sending them to gmail. D.

2/25/21 to Gerald Keusch at a Boston University email address and cc’d to Peter Daszak and another redacted recipient at EcoHealth Alliance: … I learned the tricks last year from an old friend, Marg Moore, who leads our FOIA office and also hates FOIAs.

Also on May 22, the Select Subcommittee issued a memo titled “Allegations of Wrongdoing and Illegal Activity by Dr. David Morens, Senior Advisor to National Institute of Allergy and Infectious Diseases former Director, Dr. Anthony Fauci,” in which it is noted that Morens initially responded to a request for records with 2,000 responsive pages and after being subpoenaed supplied approximately 30,000 more pages of records:

Evidence in possession of the Select Subcommittee suggests that Dr. Morens knowingly transmitted official records to Dr. Fauci via his personal e-mail. If true, this raises serious questions of whether Dr. Fauci took part in a conspiracy amongst the highest levels of NIAID to hide official records regarding the origins of COVID-19.

The following day, the committee issued a “hearing wrap up” regarding Morens’ testimony:

Evidence obtained by the Select Subcommittee prior to the hearing showed that Dr. Morens … deliberately obstructed the Select Subcommittee’s investigation into the origins of COVID-19 to protect Dr. Fauci, unlawfully deleted federal COVID-19 records, and shared nonpublic information about National Institutes of Health (NIH) grant processes with his “best-friend” EcoHealth Alliance President Dr. Peter Daszak. Dr. Morens’s testimony confirmed these discoveries and proved that he clearly believes the laws of the federal government do not apply to him. Members used Dr. Morens’s own emails as evidence of his misconduct and pressed Dr. Morens to explain why he displayed such contempt for the American people while serving as a senior official at the National Institutes of Health (NIH) during the COVID-19 pandemic.

Our FOIA lawsuits and investigations have uncovered much of what the public knows about many Covid-19 controversies:

• In June 2024, we sued the U.S. Department of Health and Human Services (HHS) for records from the Assistant Secretary for the Administration for Strategic Preparedness and Response (ASPR) regarding after action reports, review of procedures, or studies concerning the preparation for and response to the Covid-19 pandemic.
• In April 2024, we uncovered FBI records that showed an April 2020 email exchange with several officials in the bureau’s Newark Field Office referring to Dr. Anthony Fauci’s National Institute of Allergies and Infectious Diseases (NIAID) grant to the Wuhan Institute of Virology (WIV) in China as including “gain-of-function research” which “would leave no signature of purposeful human manipulation.”
• Emails between U.S. Surgeon General Vivek Murthy and top Facebook executives in 2021 regarding the censorship of user posts about Covid controversies showed Facebook leadership seeking to “better understand the scope of what the White House expects from us on misinformation going forward.”
• Records from the U.S. Food and Drug Administration (FDA) showed that a Pfizer study surveyed 23 people in 2021 to gauge reactions to its Covid vaccine booster before asking the FDA to approve it.
• Records from the U.S. Department of Health and Human Services (HHS) included the initial grant application and annual reports to the National Institutes of Health (NIH) from EcoHealth Alliance, describing the aim of its work with the Wuhan Institute of Virology to create mutant viruses “to better predict the capacity of our CoVs [coronaviruses] to infect people.”
• HHS records included emails of then-Director of the National Institutes of Health (NIH) Francis Collins showing a British physicians’ group recommended the use of Ivermectin to prevent and treat Covid-19.
• Heavily redacted HHS records showed that just two days prior to FDA approval of the Pfizer-BioNTech Covid-19 vaccine a discussion was held between U.S. and UK health regulators regarding the Covid shot and “anaphylaxis,” with the regulators emphasizing their “mutual confidentiality agreement.”
• We obtained HHS records regarding data Moderna submitted to the FDA on its mRNA Covid-19 vaccine, which indicated a “statistically significant” number of rats were born with skeletal deformities after their mothers were injected with the vaccine. The documents also revealed Moderna elected not to conduct a number of standard pharmacological studies on the laboratory test animals.
• Heavily redacted records from the FDA regarding the Covid-19 booster vaccine detailed pressure on Covid booster use and approval.
• HHS records detailed internal discussions about myocarditis and the Covid vaccine. Other documents detailed adverse “events for which a contributory effect of the vaccine could not be excluded.”
• We uncovered HHS records detailing the extensive media plans for a Biden administration propaganda campaign to push the Covid-19 vaccine.
• HHS records revealed previously redacted locations of Covid-19 vaccine testing facilities in Shanghai, China. The FDA had claimed the name and location of the testing facilities were protected by the confidential commercial information exemption of the FOIA.
• NIH records showed an FBI “inquiry” into the NIH’s controversial bat coronavirus grant tied to the Wuhan Institute of Virology. The records also showed National Institute of Allergy and Infectious Diseases (NIAID) officials were concerned about “gain-of-function” research in China’s Wuhan Institute of Virology in 2016. The Fauci agency was also concerned about EcoHealth Alliance’s lack of compliance with reporting rules and use of gain-of-function research in the NIH-funded research involving bat coronaviruses in Wuhan, China.
• Texas Public Information Act (PIA) records showed the former director of the Galveston National Laboratory at the University of Texas Medical Branch (UTMB), James W. Le Duc, warned Chinese researchers at the Wuhan Institute of Virology of potential investigations into the Covid issue by Congress.
• HHS records regarding biodistribution studies and related data for the Covid-19 vaccines showed how a key component of the vaccines developed by Pfizer/BioNTech, lipid nanoparticles (LNPs), were found outside the injection site, mainly the liver, adrenal glands, spleen and ovaries of test animals, eight to 48 hours after injection.
• Records obtained from HHS through a FOIA lawsuit related to hydroxychloroquine and Covid-19 revealed that a grant to EcoHealth Alliance was canceled because of press reports that a portion of the grant was given to the Wuhan Institute of Virology.
• HHS records revealed that from 2014 to 2019, $826,277 was given to the Wuhan Institute of Virology for bat coronavirus research by the NIAID.
• NIAID records showed that it gave nine China-related grants to EcoHealth Alliance to research coronavirus emergence in bats and was the NIH’s top issuer of grants to the Wuhan lab itself. The records also included an email from the vice director of the Wuhan Lab asking an NIH official for help finding disinfectants for decontamination of airtight suits and indoor surfaces.
• HHS records included an “urgent for Dr. Fauci” email chain, citing ties between the Wuhan lab and the taxpayer-funded EcoHealth Alliance. The government emails also reported that the foundation of U.S. billionaire Bill Gates worked closely with the Chinese government to pave the way for Chinese-produced medications to be sold outside China and help “raise China’s voice of governance by placing representatives from China on important international counsels as high level commitment from China.”
• Our four-part documentary regarding the coordinated effort by the government and Big Tech to censor and suppress information on topics such as Hunter Biden’s laptop, Covid-19, and election debates is available here.

Jordanian Illegal Alien Who Tried to Breach Military Base Released

Any ordinary citizen would rightly be suspicious of two illegal aliens trying to enter a critical U.S. military base in a truck early in the morning, especially since one was on a terror watch list, not in the Biden era, as our Corruption Chroniclesblog reveals.

Though the Biden administration has publicly denied it, one of the Jordanian illegal immigrants released from federal custody after being charged for trying to breach a U.S. military base appears on a terror watch list, according to records obtained by Judicial Watch. The men, 32-year-old Hasan Yousef Hamdan and 28-year-old Mohammad Khair Dabous, posted bail in early June and were released by the Washington D.C. Enforcement and Removal Operations (ERO) division of Immigration and Customs Enforcement (ICE), the records show. A Department of Justice (DOJ) immigration judge in Annandale, Virginia set Dabous’ bail at $10,000 and Hamdan’s at $15,000 and they were freed after posting bond and agreeing to stay away from military facilities and to appear in court for immigration hearings.

Judicial Watch has been investigating the matter since the Jordanians tried to infiltrate Marine Corps Base Quantico on May 3, quickly firing off a Freedom of Information Act request to obtain records that could shed light on what occurred that day and uncover any threat that the individuals may represent. The Virginia base is about 35 miles south of Washington D.C. and houses the Federal Bureau of Investigation (FBI) Academy and Laboratory as well as a Defense Intelligence Agency (DIA) facility and Marine Corps commands that include the unit that flies the president’s Marine One helicopter. Initial reports revealed that in the early morning hours of May 3, Hamdan and Dabous drove a truck to the military installation’s main gate and told guards they were making a delivery to Quantico Town’s post office. They ignored guards’ orders to stop when they could not provide credentials required to gain access to the facility. The illegal immigrants were arrested and charged with misdemeanor trespassing on military property.

A Serious Incident Report (SIR) filed by Marine Base Quantico to Marine Headquarters confirms that a white box truck driven by Dabous tried to access the installation via a gate on Fuller Road. Guards asked for a license to conduct a visitor check and directed Dabous to move the truck into the inspection area. While the guard transmitted the drivers’ license information for vetting, the truck moved forward from the holding area and final denial barriers were deployed, according to the SIR report obtained by Judicial Watch. The passenger, Hamdan, could only provide a Jordanian passport for identification and both men were taken into custody. “Hamdan illegally entered the United States 20 days ago from Mexico into California where Hamdan was arrested and sent to an immigration camp with a deportation court date in 2026,” the SIR report states. An ICE officer, whose name is redacted in the document, “telephonically confirmed” to the Marine Criminal Investigations Division (CID) that “Hamdan was on a terror watch list,” the report says, further revealing that ICE personnel assumed custody of Hamadan and Dabous for further processing.

Despite the Marine SIR documenting that Hamdan appears on a terror watch list, the government—specifically ICE—has consistently denied it. A spokesperson for ICE ERO in Washington D.C. told Judicial Watch that neither man posed a threat to national security or the public. The spokesperson, James Covington, assured that the agency is “focused on smart, effective immigration enforcement that protects the homeland through the arrest and removal of those who undermine the safety of our communities and the integrity of our immigration laws.” Covington also emphasized that “regardless of nationality, ICE makes custody determinations on a case-by-case basis, in accordance with U.S. law and U.S. Department of Homeland Security (DHS) policy, considering the circumstances of each case” and that ICE officers “apply prosecutorial discretion in a responsible manner, informed by their experience as law enforcement professionals and in a way that best protects the communities we serve.”

While Hamdan is one of hundreds on the terror watchlist to sneak into the country through the famously porous southern border, Dabous was admitted in the U.S. on September 11, 2022, as an F-1 nonimmigrant student with authorization to remain for the duration of his student status, records obtained by Judicial Watch show. On January 14, 2023, Dabous’ Student and Exchange Visitor Information System (SEVIS) record was set to “terminated,” indicating that his permission to be in the country expired, though he never left. Judicial Watch will continue investigating this case and fighting for records that can further uncover the outrageous security lapses associated with the Biden administration’s dangerous open border measures.

Until next week,