Massie: FBI threatened his staff if he didn’t ‘play ball’ over pipe-bomb investigation



Rep. Thomas Massie (R-Ky.) said an FBI official threatened to open a criminal investigation on one of his staff over his persistent investigation and questioning on the Jan. 6 pipe bombs.

An FBI official threatened to open a criminal investigation on one of Massie’s staff “if we didn’t straighten up [and] play ball,” Massie told Blaze News investigative reporter Steve Baker in an interview broadcast on Matt Kibbe’s “Free the People” podcast and posted to X.

‘Even he understood that was not a good look. Probably illegal.’

“I’m going to say this here on camera because it’s important. ... He said ... ‘We’re going to investigate one of your staff for fraud,’” Massie quoted the unnamed FBI official as saying. “And he told another one of my staff this: ‘If you guys don’t straighten up, you know, if you want to play hardball, if this is how you want to play it’ or something like that, ‘this member of your staff is going to get criminally investigated for fraud’ — a very specific threat.”

Massie declined to identify the official he says levied the threat, but said he did complain about it to FBI Deputy Director Dan Bongino.

“I told Bongino, I said, ‘One of your guys is threatening my guys with an FBI investigation if we don’t do what you want.’ And he [Bongino] said, ‘I’ll take care of that.’ ’Cause even he understood that was not a good look. Probably illegal.”

Massie said he later received a “non-apology” text from the official that said, “‘I’m sorry if I hurt your feelings.’”

“He didn’t apologize. He was unrepentant, let's say, really.”

Massie has been the most aggressive member of Congress investigating the pipe bombs found behind the Capitol Hill Club at 12:43 p.m. on Jan. 6 and under a park bench on the southwest side of the Democratic National Committee building 22 minutes later. In the same interview with Baker, Massie also disclosed that recent Blaze News reporting has caused him to be “99% certain” that some U.S. Capitol Police officials had a role in the planting of the pipe bombs found on Capitol Hill on Jan. 6, 2021.

“I went from 90% certain that some Capitol Police were involved in the Jan. 6 pipe bomb to 95% certain, and now I'm at 99% certain after this new story that you put out this week,” Massie told Baker.

“I’m doing this on probability. The probability may even be higher than that.”

His comments reflect Blaze News’ recent reporting on a former Capitol Police officer who was an apparent forensic match to the bomb suspect, follow-up reporting on the manner in which the second device was discovered by plainclothes Capitol Police officers, and the stonewalling the congressman charges that he faced from Capitol Police in the course of his own investigation. Assistant Police Chief Ashan Benedict, whom Massie named as having specifically blocked his investigation, retired last week.

The Kentucky Republican also expressed frustration that FBI Director Kash Patel seems to have made little more progress than his predecessor, Director Christopher Wray. In an interview with Fox News earlier this month, as well as a follow-up with independent reporter Catherine Herridge, Patel promised that major developments are incoming, but was scant on details.

A CBS story published Tuesday cited three unidentified sources stating that the FBI had cleared the police officer who appeared to match a forensic gait analysis of the bomber, citing “an alibi: video of her playing with her puppies at the time the devices were placed.” Blaze News has sought to obtain independent confirmation of the FBI’s clearance based on the alibi.

Blaze News reported Nov. 8 on a forensic match to a former Capitol Police officer, based on a computer analysis of the hoodie-wearing alleged pipe bomber’s manner of walking compared to that of the person. The algorithm rated the person as a 94% match, while the intelligence analyst who ran the study for Blaze News put the match closer to 98%. The person has since denied any allegations, through her attorney.

FBI photos

Blaze News reported Nov. 18 that two Capitol Police counter-surveillance special agents sent out to look for more explosives after the discovery of the Capitol Hill Club device were seen on video going to the DNC building and to a nearby bush on the side of the Congressional Black Caucus Institute building.

Independent video investigator Armitas discovered that the hoodie-wearing suspect identified in 2021 as the pipe bomber stopped at the bush along a sidewalk on the north side of the CBCI building at 7:47 p.m. Jan. 5. The suspect sat cross-legged at the shrub and appeared to rummage through a backpack before leaning into the bush as if attempting to place something underneath.

The bomb suspect then stood up and walked back to the DNC bench, where a pipe bomb was placed at 7:54 p.m., according to choppy video released by the FBI.

‘He had a handler, who would often interrupt and answer questions for him.’

When Capitol Police dispatch warned of the Capitol Hill Club bomb at 12:43 p.m., two plainclothes Capitol Police special agents took a nearly six-minute drive to reach the Capitol Hill South Metro Station, one block from the Capitol Hill Club bomb scene. They then walked to the DNC building, passing the park bench the pipe bomb sat next to.

The agents continued walking until they reached an alley leading to the side of the CBCI building. Their movements were not captured on video because four Capitol Police security cameras that would have shown the DNC crime scene were turned away at key moments or pointed in another direction by default.

Massie’s office released video in July 2023 showing a man in dark clothing and a ball cap approaching a U.S. Secret Service SUV sitting in the driveway of the DNC building as part of Vice President-elect Kamala Harris’ security detail. Harris was inside the building when the pipe bomb was discovered.

Blaze News reported in January 2024 that this man was the plainclothes Capitol Police officer who discovered the pipe bomb under a bush at the foot of a park bench at the DNC building.

Following that story, Massie told Blaze News he was determined to interview the agents, but did not get much cooperation from Capitol Police. Massie referred to the agents as “man-bun guy” and “backpack guy” (the one who discovered the bomb).

‘Weirdest meeting’

The Capitol Police never made “backpack guy” available to the Massie, but on Jan. 30, 2024, they did eventually send his partner, accompanied by his commander, Benedict, to speak with the congressman in a meeting that was not recorded or transcribed.

“So they came over to my office, but not ‘backpack guy,’” Massie said. “’Man-bun guy’ came over, and he had a handler, who would often interrupt and answer questions for him.”

Two congressional investigators sat in on the meeting alongside Benedict, the police officer, and Massie. The congressman later described the interview as the “weirdest meeting in the world.”

Rep. Thomas Massie (R-Ky.) said an FBI official threatened a criminal investigation of his staff if he didn’t “play ball” on the Jan. 6 pipe bomb investigation.Photo courtesy of Free the People

“In the conversation with the counter-surveillance officer in my office, Ashan Benedict would frequently interrupt the officer, answer before the officer could reply, or qualify the officer’s answers,” Massie told Blaze News. “There was an effort by our committee staff to get Benedict to sit for a transcribed interview, but he successfully evaded that effort.”

Massie said he still wants to interview the officer who actually found the bomb, as well as his partner and Benedict. “Those need to be transcribed interviews. They need to be sworn in. I feel very strongly about that,” he said. “But the reality is the FBI should be doing these things.”

Massie said that after he reposted the Blaze News article on the gait analysis, Bongino called him to complain about two early persons of interest mentioned in the piece.

One of those men, named in FBI reports as Person of Interest 3, lived directly next door to the Capitol Police officer who was the subject of the Nov. 8 Blaze News article. The FBI’s Special Operations Group conducted surveillance on Person of Interest 3 in Falls Church, Va., for two days in January 2021, but surveillance was suddenly canceled, before any law enforcement officer ever questioned the man.

Massie said Bongino told him, “‘That’s a dead lead. … We investigated that lead and … there’s nothing there. There’s no there there.’ So that’s why they quit looking at it. … At that point I said, ‘But you guys weren’t — you never did suspect him. The FBI never did suspect him. … His build doesn’t match. There’s no way it could be him. Your guys were looking for somebody else.’”

Whistleblower concerns

A current FBI supervisory special agent on Nov. 10 filed a whistleblower protected disclosure with Massie and U.S. Rep. Barry Loudermilk (R-Ga.), alleging the termination of surveillance at the Falls Church condominium complex was improper and cut off a suggestion by a surveillance team member that Person of Interest 3 be questioned face-to-face at his doorstep.

Person of Interest 3 and Person of Interest 2, his alleged houseguest on Jan. 5 and 6, 2021, had not been questioned by the FBI when surveillance was terminated. Interviews took place six days later, according to FBI reports included in the whistleblower disclosure. An FBI agent pretending to be a Metro Transit police officer interviewed Person of Interest 3 over the phone, a congressional source told Blaze News.

The whistleblower’s “concern was that the investigation that went to Falls Church, Virginia, that got them to the doorstep of the person that [Blaze News] identified through gait analysis as possibly somebody that might have been the person in the hood,” Massie said.

“There were suggestions made to the people in charge of the investigation about how to follow up on those leads,” Massie said. “And it was just dropped after two days of surveillance. And he [the whistleblower] provided supporting documents to that effect.”

Capitol Police block off the intersection of 1st and C streets in response to discovery of a pipe bomb at the Capitol Hill Club in Washington, D.C., on Jan. 6, 2021.U.S. Capitol Police

Massie said Bongino made reference to the FBI conducting a meeting to address the whistleblower disclosure. “He didn’t say, ‘We’re trying to find the whistleblower,’” Massie said. “But my Spidey sense went off, and I almost said to him in that moment, ‘You better not be trying to find the whistleblower, because law protects that individual.’ But I didn’t say it.”

Massie said he thought about this when recalling the threat he said his staff received from the FBI official.

“I have to tell all the listeners this because this is the context in which I'm worried for the whistleblower,” Massie said. “If they're willing to retaliate against a congressional office, which has speech or debate immunity and a lot of other protections, they may be willing to retaliate against the whistleblower.”

The whistleblower’s attorney, Kurt Siuzdak, sent a letter to Massie and Loudermilk on Nov. 13, warning that if the FBI attempted to out the whistleblower, it would violate the supervisory agent’s protections under the law. Massie shared the letter on social media.

“Identifying the whistleblower serves only one purpose,” Siuzdak wrote, “which is to allow FBI management to retaliate.”

In a Nov. 13 post on X, Bongino accused Massie of throwing “BS bombs” and denied that the FBI sought to identify or retaliate against the Nov. 10 whistleblower. A Blaze News request to Bongino for further comment went unanswered.

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Capitol Police repeatedly used lethal force on protesters early on Jan. 6, video shows



In the span of less than 10 minutes after a huge crowd of protesters filled the U.S. Capitol West Plaza beneath the inauguration stage on Jan. 6, Capitol Police repeatedly used lethal force on the crowd, targeting people in the head, neck, face, and upper body — actions one use-of-force expert called “criminally negligent.”

During that brief span, at least 16 people were shot with kinetic-impact projectiles, including nine who took shots to the top of the head, face, and base of the neck, according to Capitol Police surveillance video obtained by Blaze News.

‘We need munitions! Unload! Unload it all! Take ’em out!’

The rounds are designed to be shot at or below the waist or skipped off pavement to strike the legs and cause trauma and “pain compliance.” None of the rounds observable on the surveillance footage struck below the belt, putting all of the observable rounds in dangerous and potentially lethal territory.

The targeting of the crowd and one graphic, bloody injury to a protester’s face enraged the crowd and appeared to lead to a large escalation of violence toward police, including the throwing of water bottles and flagpoles and the use of pepper spray and bear repellent, the video showed.

Deputy Police Chief Eric Waldow claimed in a U.S. Capitol Police radio dispatch about 1:11 p.m. that his officers were using “indirect firing,” but the department’s surveillance video contradicts that claim.

Waldow also said he gave “repeated warnings” to the crowd to disperse or face chemical munitions, but video shows he did not have a bullhorn, and no warnings could be heard on ground-level video or the USCP surveillance video.

He ordered Capitol Police grenadiers to open fire on the crowd at 1:06 p.m.

"I got a crowd fighting with officers, pushing, throwing projectiles," he broadcast. "I have given warnings about chemical munitions. I need the less-than-lethal team positioned above me to identify the agitators and start deploying. Launch, launch, launch!"

Stan Kephart, an expert witness on police use of force who reviewed the Jan. 6 surveillance video, said firing crowd-control weapons from an elevated platform into a dense crowd and striking targets above the shoulders is both “criminally negligent” and “potentially a lethal act.”

“There is a wealth of clear and convincing evidence here that police were not trained or equipped to move, disperse, and arrest stragglers,” Kephart told Blaze News. “Instead they adopted a punishment tactic, inflaming the crowd and resulting in injury that they are responsible for.”

‘If you really want to start a riot, shoot them in the head.’

The grenadiers who fired on the crowd from the “crow’s nest” outcropping during the first hour included training officer Shauni Kerkhoff, Sgt. Adam Descamp, and Sgt. Gary Sprifke, Blaze News has learned. Officer Bret Sorrell stood in the crow’s nest holding a riot shield, video showed.

Blaze News asked for comment from Capitol Police Public Information Officer Timothy Barber and Capitol Police Chief Michael Sullivan, but did not receive a reply.

The number of protesters struck with deadly force by crowd-control weapons in the early minutes of Jan. 6 is much higher than previously known, the surveillance video showed.

The fusillade of so-called “less-lethal” crowd-control weapons came in response to thousands of protesters who streamed onto Capitol property after a lightly defended police line near the Peace Memorial was breached at 12:53 p.m. Most of the early crowd ended up on the West Plaza beneath the “crow’s nest” outcropping where presidents-elect take the oath of office.

The massive, amped-up crowd caught Capitol Police off guard. There was insufficient security to defend the Capitol — in part because many officers were diverted to respond to two pipe bombs discovered during a 25-minute span at the nearby Democratic National Committee building and the Capitol Hill Club next to the Republican National Committee building.

RELATED: BBC allegedly deceptively edited Trump’s Jan. 6 speech into riot lie

Protester Joshua Black of Leeds, Ala., is led away by a medic after being shot in the face with an FN 303 projectile launcher round at the U.S. Capitol about 1:06 p.m. on Jan. 6, 2021.Metropolitan Police Department

Surveillance video captured from the Lower West Terrace captured the flight of .68-caliber yellow marking rounds and red pepper rounds from powerful FN 303 projectile launchers. Produced by FN America, the FN 303 is powered by 3,000-psi compressed air. Rounds travel at 300 feet per second. A Tippmann 98 pepper-ball rifle was also used on the crowd. Most of the rounds were fired from less than 50 feet away, video showed.

Targeting the head with kinetic-impact projectiles is prohibited by manufacturers and industry safety standards due to the risk of fatal injuries. It is considered lethal force. The website of FN Herstal, parent company of FN America, stresses the point, saying the company “forbids users from aiming at the head.”

“The primary effect of the projectile is trauma, which directly neutralizes the aggressor,” the FN America website says. “Secondary effects from the projectiles can be delivered via a chemical payload depending on mission requirements.”

Operators of less-lethal crowd-control weapons are trained not to aim at or strike the head, face, eyes, ears, throat, neck, spine, kidneys, or groin.

A retired U.S. Army special forces operative who has used the FN 303 launcher and other less-lethal weapons in overseas missions said firing at heads from an elevated perch “will cause such rage afterward.”

“If you really want to start a riot, shoot them in the head,” he told Blaze News.

The bombardment of the early crowd is the latest controversy on weapons and tactics used by Capitol Police and the Metropolitan Police Department on Jan. 6.

Minutes after the less-lethal projectile launchers were unleashed, MPD flowed onto the West Plaza, spraying protesters with high-velocity oleoresin capsicum, commonly known as pepper spray.

After pushing protesters back and forming a police line with bicycle-rack barricades, MPD officers began lobbing dozens of suspected incendiary grenades into the crowd and firing 40mm shells containing plastic pellets, beanbags, and tear gas. Some 40 munitions were fired or lobbed into the packed crowd on the north side of the plaza over the course of an hour, video showed.

At 1:18 p.m., a Capitol Police supervisor broadcast instructions to keep firing at the crowds. “We need munitions!” he shouted to dispatch. “Unload. Unload it all! Take ’em out!”

Pain compliance

Kephart said the descriptor “less-lethal” weapon depends on the launchers being used in a proper and responsible manner as specified by the manufacturer. Otherwise they can easily be lethal weapons.

“All launchers and chemical munitions are ‘pain compliance’ devices first and predicated on compliance, with the pain of the launcher’s impact or the gas, or singularly the beanbag or dowel impact pain. That is why they are to be fired at the belt line or skipped off the ground.

“Additionally, the accuracy factor in deploying these launchers is poor,” Kephart said. “Unlike a rifled bullet, the projectile wobbles in flight due to the absence of rifling stabilizing it in flight.”

A U.S. Department of War less-lethal weapons expert and training instructor told Blaze News that firing into a tightly spaced crowd has great risks that he would not have taken that day. He examined the surveillance video at the request of Blaze News.

‘The escalation of force totally amplified these small groups of people.’

“I know, myself, wouldn’t have felt comfortable sending those rounds into a crowd knowing they would impact face/head target areas and definitely not guaranteed for the intended target,” said the expert, who asked not to be identified by name or title. “Nor would I have advised those around me to do the same. As an instructor, you lead by example, especially being on the line and controlling those around you, and maintaining integrity/continuity/accountability for every round.”

One of the Capitol Police officers whom video showed firing on the crowd with a Tippmann 98 pepper-ball rifle was Shauni Kerkhoff, a certified trainer on the proper use of crowd-control weapons. Pepper balls struck protesters in the early crowd in the head and face. Two riot-gear-clad Capitol Police officers were also struck with pepper rounds, including one who took a shot to the rear of the helmet.

A now-former Capitol Police Civil Disturbance Unit officer who was on the police line beneath the grenadiers said verbal warnings would have been worthless with the extreme crowd noise and stiff winds on the West Plaza. Blaze News asked the former officer to review the surveillance video.

“You really think people were listening with all the noise?” asked the officer, who spoke on the condition of anonymity. “He [Waldow] probably saw everything that was going on and panicked, or at least that's what I feel when I hear him say ‘launch!’ multiple times.”

The former Civil Disturbance Unit officer said repeated attempts to push through the early police line were made by small groups. “I think they could have been contained easily, but the escalation of force totally amplified these small groups of people,” he said.

RELATED: Analysis: FBI’s Jan. 6 pipe bomb update omits key evidence, withholds video

A bystander puts a compress on a bleeding wound punched in Joshua Black’s face by a crowd-control projectile on Jan. 6, while a protester registers his disapproval.Special to Blaze News

The Department of War expert said emotions can be inflamed when crowd-control weapons are used improperly.

“Some of the intended targets and where they hit enticed the crowd to react emotionally and feel they were being targeted or felt the need to protect themselves,” he said. “First aid for the crowd within the crowd was provided, but that’s also enough for an already emotional crowd at that point to [go] one of two ways: become louder and more emotional or take some type of action to start defending themselves.

“In my line of work, [that’s] something you want to avoid altogether,” he said. “It does not take much for a crowd to become unruly or violent.”

The FN 303 launcher was implicated in the 2004 killing of a Boston woman shot in the eye socket by police during a Boston Red Sox American League pennant celebration.

The fusillade of projectiles was fired by grenadiers from the Capitol Police Civil Disturbance Unit, the first of whom arrived in the “crow’s nest” outcropping at 1:01 p.m., security video showed.

Amped-up crowds

From the time the crowd filled in the plaza and police began to establish a hastily formed line, protesters were seen in animated, heated discussions with police. One man carried a sign that read “Expose Election Fraud” on the top and “Playing for Blood” on the bottom. A few rows behind him, a man held up a black baseball bat while another raised an empty axe handle.

A large man in a tan coat and black cap was pushed back by an officer with a riot shield, causing him to fall. As he began to get up, an officer under the scaffolding to the south tossed a tear-gas canister at the feet of protesters and the cloud of gas swirled out into the crowd.

Police used their shields to start pushing the crowd back. Scuffles broke out along the farthest southern police line, with protesters surging and then being pushed back by police. Two of the men in the scrum were a short time later targeted for less-lethal weapons fire.

‘They shot him in the f**king face!’

At approximately 1:06:29, a grenadier fired a .60-caliber fin-stabilized projectile from a compressed-air FN 303 launcher that struck a black-cap-clad protester in the head. The impact blew the man’s hat off, video showed. The round bounced off his head and struck a nearby riot officer.

Just prior, video showed the man was in the second row of a group surging toward the hastily assembled police line. As police pushed the group back, the projectile screamed past the Trump 2020 flag the man carried, striking him in the left side of the head.

Seven seconds later, a man in a tan jacket was struck by a projectile on the brim of his Make America Great Again cap. The round deflected off the cap and struck his upper right chest. He flinched, grabbed his head, and crouched down, video showed.

RELATED: FBI sent 55 agents to the Capitol Jan. 6, none for ‘crowd control,’ former Chief Steven Sund says

A crowd-control projectile fired by U.S. Capitol Police strikes a protester in the head on the U.S. Capitol West Plaza at 1:06 p.m. on Jan. 6, 2021.U.S. Capitol Police

Some 30 seconds later, a man wearing a light blue sweatshirt near the police line was struck in the back at the base of his neck. The projectile ricocheted into the crowd. When the man turned around, another round struck his upper chest and dropped to the ground.

A man in a blue sweatshirt who was pushing an officer was shot in the back at about 1:07 p.m., video showed. The projectile ricocheted west into the crowd. The man next to him, who was also scuffling with officers, was targeted for projectile fire, but the round struck his backpack and fell to the ground.

Joshua Black of Leeds, Ala., was the next person to take a potentially lethal shot from above. At 1:07 p.m., video showed the yellow FN 303 projectile striking him in the left cheek. Unlike some of the other projectiles, this one did not bounce off or ricochet. It punched through Black’s cheek and embedded in his mouth.

Black bled profusely, the blood forming a pool on the ground that was still visible hours later. Bystanders immediately tended to his wound. One of them turned to the crowd and shouted, “They shot him in the f**king face!”

“This is a peaceful protest,” a woman shouted, according to ground-level video obtained by Blaze News. “Peaceful!” Another bystander shouted, “We are witnessing tyranny. We are witnessing tyranny right now.”

While Black was getting attention for his wound, a pepper ball fired from above struck a Capitol Police CDU officer in the back of the helmet, sending a cloud of pepper powder into the air. A second shot narrowly missed another officer’s head and exploded on the officer's riot shield, video showed.

‘Typically, I aim for the ground.’

The bloody scene surrounding Black caused numerous members of the crowd to begin shouting and pointing at the line of riot-gear-clad Civil Disturbance Unit officers on the plaza. Several pointed up to the inauguration balcony in an accusatory fashion, while others issued middle-finger salutes, video showed.

Waldow ordered the less-lethal unit to target a man wearing a baseball batting helmet and carrying an axe handle with an American flag attached to one end.

“Have the less-than-lethal target the subject with the baseball hat and the axe handle and the subject with the gas mask and the American shirt, the American flag shirt. He’s assaulting an officer now,” Waldow said on police radio.

Shortly, an FN 303 round zoomed at the man’s face, appearing to clip his chin before striking his gloved hand. Minutes later, video showed blood running down the man’s left cheek. The man was shown on surveillance video at the police line minutes earlier, but it’s not clear if he shoved or struck an officer.

RELATED: Judge allows Jan. 6 lawsuit alleging excessive force in DC jail to proceed

U.S. Capitol Police Officer Shauni Kerkhoff shows a rubber bullet to soldiers of the Maryland Army National Guard’s 115th Military Police Battalion, Salisbury, Md., during a joint training event in Washington, D.C., on Jan. 27, 2021.U.S. Army National Guard photo by Sgt. Arcadia Hammack

A short distance away, a man in a blue winter coat was struck in the right side of the neck or base of the skull by a projectile. The round bounced off his head and struck a nearby man in the leg.

The man in the blue jacket knelt down to lend aid to the man who had been shot in the back moments earlier. After he stood up, he realized he was tracking through Black’s blood on the ground. He pointed down at the huge bloodstain and looked at the police line. He then went to the line and began shoving officers.

At this point, a sizeable group was now battling with police. Several men in the crowd aimed liquid and foam pepper spray at the officers. Projectiles, including flagpoles, water bottles, and traffic cones, were heaved at the police line, video showed.

Police surged into the crowd in what appeared to be an attempt to check on the injured Black. While officers tried to help Black off the ground, a rioter in a bicycle helmet and a dark face covering aimed a stream of pepper spray at several officers and might have hit the supine Black as well, video showed.

Training officer testified

Kerkhoff, who joined the U.S. Capitol Police after college in 2018, was the first witness against Guy Wesley Reffitt in the first Jan. 6 federal criminal trial in March 2022. She told a jury that she fired pepper balls at Reffitt as he scaled the Northwest Steps. When that didn’t stop Reffitt, she said, another officer fired at Reffitt with the FN 303 launcher.

She testified that she was a trainer for the Tippmann 98 rifle and the FN 303 launcher. Three weeks after Jan. 6, Kerkhoff was a less-lethal weapons instructor at a joint training event with the Maryland Army National Guard’s 115th Military Police Battalion.

In her trial testimony, Kerkhoff said the pepper-ball rifle is meant to cause some pain to the target to coerce compliance.

"So it has a small amount of pain compliance. So it should hurt a little bit. So that should deter actions,” Kerkhoff said in her March 2, 2022, testimony. “As well as when the ball hits something, it will — it is filled with PAVA powder, so it will launch that PAVA powder into the air and will affect the nasal passages as well as the eyes, causing stinging, burning."

Assistant U.S. Attorney Jeffrey Nestler asked her, “What do you aim for when you first start launching?”

“Typically, I aim for the ground,” Kerkhoff replied.

Noting her previous testimony about experience with the Tippman 98 rifle, Nestler asked Kerkhoff about her knowledge of the more powerful FN 303 launcher. “Was that something you were trying to use or are you just familiar with?” Nestler asked.

“No, I am an instructor on both of those weapons,” she replied.

The former Civil Disturbance Unit officer told Blaze News that Kerkhoff left the U.S. Capitol Police about six months after Jan. 6 and that he had since been unable to reach her. Her colleagues heard she went to work for a three-letter federal intelligence agency, he said.

“She immediately wiped her social media, phone numbers, and email accounts,” he said. “Nobody was able to reach her after that.”

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No more ‘Mr. Nice Guy’: Trump plans to reclaim DC amid crime chaos



The White House announced measures to address the ongoing crime crisis in Washington, D.C., after repeated warnings from President Donald Trump about a potential federal government intervention.

In early July, Trump noted his disappointment with the crime rates, stating, "We could run D.C."

'There will be no "MR. NICE GUY."'

"We're thinking about doing it, to be honest with you," he continued. "We want a capital that's run flawlessly, and it wouldn't be hard for us to do it."

This past week, Trump repeated those threats after Edward Coristine, an engineer also known as "Big Balls" who previously worked for the Department of Government Efficiency, was brutally beaten by a group of individuals while protecting a woman from an attempted carjacking near Dupont Circle.

Trump wrote in a post on social media, "Crime in Washington, D.C., is totally out of control. Local 'youths' and gang members, some only 14, 15, and 16-years-old, are randomly attacking, mugging, maiming, and shooting innocent Citizens, at the same time knowing that they will be almost immediately released. They are not afraid of Law Enforcement because they know nothing ever happens to them, but it's going to happen now!"

The attack appeared to be the final straw for the president, prompting the administration to deploy additional federal agents around D.C. on Friday as part of a weeklong effort to reduce crime.

RELATED: Trump threatens takeover of DC after DOGE's 'Big Balls' was savagely assaulted while defending a young woman

Photo by Shannon Finney/Getty Images

White House press secretary Karoline Leavitt said, "This is the first step in stopping the violent crime that has been plaguing the streets of Washington, D.C."

A White House official told NBC News that the federal officers would focus their efforts on heavily trafficked areas and be "highly visible and in marked units."

The administration reportedly deployed agents from the U.S. Secret Service, the Department of Homeland Security, Immigration and Customs Enforcement, the FBI, the U.S. Capitol Police, the Metropolitan Police Department, and the U.S. Marshals Service.

The U.S. Park Police wrote in a post on social media Friday that its officers, with assistance from federal partners, arrested individuals for "possession of two stolen firearms and illegal drugs removing these dangerous items from the community."

— (@)

Over the weekend, Trump announced he will reveal plans on Monday to "essentially, stop violent crime in Washington, D.C."

He said, "It has become one of the most dangerous cities anywhere in the World. It will soon be one of the safest!!!"

RELATED: DC police commander under investigation for allegedly manipulating crime stats

Photo by Andrew Harnik/Getty Images

Trump shared more details about his plans in a separate post on Truth Social.

"I'm going to make our Capital safer and more beautiful than it ever was before," Trump wrote. "The Homeless have to move out, IMMEDIATELY. We will give you places to stay, but FAR from the Capital. The Criminals, you don't have to move out. We're going to put you in jail where you belong. It's all going to happen very fast, just like the Border. We went from millions pouring in, to ZERO in the last few months. This will be easier — Be prepared! There will be no 'MR. NICE GUY.' We want our Capital BACK. Thank you for your attention to this matter!"

According to the Metropolitan Police Department, crime rates in D.C. have significantly declined over the past year. However, the department's Police Commander Michael Pulliam was placed on paid administrative leave in May after a police union accused the department of deliberately manipulating crime data. As of Sunday afternoon, the MPD's website stated that violent crime is down 26% compared to 2024.

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Corrupt cops, silent press: Legacy media ignores Capitol Police’s decades of corruption



The corporate media has earned a reputation for ignoring, downplaying, or outright denying stories that challenge its ideological leanings — from the lab-leak theory of COVID-19 to the obvious decline in President Joe Biden’s mental and physical fitness. These stories eventually became impossible to deny. But in many cases, the recognition came too late to matter.

So far, that reckoning hasn’t come for the United States Capitol Police.

'The corruption persists because of what they know about bad Congress members and their bad behaviors.'

For years, allegations of corruption have dogged the USCP. Yet, local and national media outlets continue to turn a blind eye — even after an officer with a scandal-ridden history was named interim chief of the department.

Last year, Blaze News investigative reporter Steve Baker published a detailed exposé uncovering deep-rooted misconduct within the USCP. His report alleged theft of government funds, perjury, fraud, and forgery involving high-ranking officers. Among the most damning revelations: Former Captain Sean Gallagher and two lieutenants under his command reportedly participated in a 2010 overtime scam.

Gallagher allegedly forged his supervisor’s signature on overtime forms, according to a 2012 internal investigation by the department’s Office of Professional Responsibility. He later claimed the forgery “never resulted in personal gain.” That revelation built on a 2014 National Journal report about the overtime abuse, though the earlier article did not name the officers involved.

Despite the seriousness of the allegations and the clarity of the documentation, Baker’s story received little to no attention from other media. Not even Washington-based outlets like the Washington Post or WUSA9 reported on the claims.

“Why is it that Blaze Media has done an exclusive on multiple cases of Capitol Police corruption, and the other media — especially the local media, who should be holding local agencies accountable — are ignoring the story?” Baker said in an interview.

RELATED: Favoritism, cover-ups reveal culture of corruption in US Capitol Police leadership

U.S. Capitol Police Acting Chief of Police Sean Gallagher. Tom Williams/CQ-Roll Call, Inc via Getty Images

That silence has consequences. As media scrutiny wanes, institutional accountability weakens — and careers flourish despite serious allegations.

On June 2, the U.S. Capitol Police announced Gallagher would serve as interim chief. Despite the prior disciplinary record, Gallagher has continued to ascend the department’s ranks. The appointment drew immediate criticism from within the agency.

The U.S. Capitol Police Labor Committee, which represents officers on the force, issued a rare rebuke, stating Gallagher “fails to meet the standard of trust and integrity required” to lead. Their public opposition stirred some interest among local reporters, but national media coverage remained scarce.

Departing Chief J. Thomas Manger defended the promotion, arguing Gallagher’s familiarity with the department outweighed past controversy. “If they pick someone from the inside, they’re going to know what our mission is,” Manger said before retiring. He accused the union of orchestrating a “smear campaign.

Still, the union’s resistance had an effect. Within days, the department appointed Michael Sullivan, former acting police chief in Phoenix, to take over the USCP permanently.

'It has far-ranging implications. The Capitol Police are charged with protecting every member of Congress. And yet no one wants to cover it.'

But for Baker, the deeper problem remains unaddressed.

“These cops know where all the bodies are buried,” he said. “The corruption persists because of what they know about bad Congress members and their bad behaviors.”

RELATED: Capitol Police name permanent chief hours after union slams controversial interim pick

Photo by Andrew Harnik/Getty Images

Baker pointed to former Assistant Chief Yogananda Pittman, who was accused of intentional inaction during the Jan. 6, 2021, Capitol protests. She later landed a chief position at the University of California, Berkeley.

Too often, he said, officers with serious black marks on their records go on to secure law enforcement jobs elsewhere — thanks, in part, to systemic failures in reporting misconduct.

“All of these bad actors in law enforcement, when they have these types of disciplinary actions against them, that is supposed to be reported to a national database called the Lewis Registry,” Baker explained.

The Lewis Registry serves two critical functions: alerting prospective employers of past disciplinary actions and making such records accessible to defense attorneys if an officer testifies in court.

In Baker’s view, the Capitol Police scandals should concern more than just local watchdogs or city beat reporters.

“This is not just a local D.C. story,” he said. “It has far-ranging implications. The Capitol Police are charged with protecting every member of Congress. And yet no one wants to cover it.”

The U.S. Capitol Police, the Washington Post, and WUSA9 did not respond to Blaze News' requests for comment.

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Feds settle multimillion-dollar lawsuit in the death of Ashli Babbitt



Nearly four and a half years after Capitol Police Lt. Michael Byrd shot and killed Ashli Babbitt at the U.S. Capitol, her husband on June 6 signed an agreement to settle his $30 million wrongful-death suit against the federal government.

The agreement includes a $4.975 million payout. Other terms were not immediately announced.

'She was alive and breathing after being shot.'

“This fair settlement is a historic and necessary step for justice for Ashli Babbitt’s family. Ashli should never have been killed, and this settlement destroys the evil, partisan narrative that justified her outrageous killing and protected her killer,” said Judicial Watch President Tom Fitton.

Twenty-five percent of the lawsuit settlement will be held in a trust account against any possible award to Babbitt’s former attorney, Terrell N. Roberts III. Roberts asked to intervene in the lawsuit earlier this year, claiming he is owed 40% of any settlement amount.

Roberts terminated his relationship with Aaron Babbitt in early 2022. Babbitt’s D.C. attorney, Richard Driscoll, demanded that the issue be arbitrated by the Attorney/Client Arbitration Board of the District of Columbia Bar.

Despite repeated corporate media claims to the contrary, Judicial Watch handled the wrongful-death lawsuit pro bono.

Although the federal government admitted no liability in the settlement agreement, it is a tacit admission by the U.S. Department of Justice that Byrd was reckless and used excessive force when he slid from a hidden position in the House Speaker’s Lobby and fired one shot at Babbitt, who had climbed into a sidelight window just outside the entry doors.

The lawsuit complaint, filed on Jan. 5, 2024, alleged that Byrd was negligent in the handling and use of his Glock 22 sidearm and reckless in his decision to fire into the crowded hallway outside the Speaker’s Lobby.

The suit also claimed the Capitol Police department was negligent in its supervision of Byrd, who has a long disciplinary history that includes firing his pistol into a fleeing vehicle near his home in 2004 and leaving his gun on a toilet tank in the Capitol Visitor Center.

Aaron Babbitt filed claims against the Capitol Police in June and September 2021 and augmented the claims in February 2022 and January 2023, according to the lawsuit filed in U.S. District Court in San Diego.

RELATED: Capitol Police name permanent chief hours after union slams controversial interim pick

Ashli Babbitt was a 14-year veteran of the U.S. Air Force and the Air National Guard.Photos courtesy of Micki Witthoeft and Aaron Babbitt

The suit was brought under the Federal Tort Claims Act against the entire federal government, of which the Capitol Police department is a part.

According to the lawsuit, Byrd’s bullet struck Ashli Babbitt in the left anterior shoulder at 2:44 p.m. on Jan. 6, 2021. The round “perforated her left brachial plexus, trachea, upper lobe of the right lung and second anterior rib, and came to rest in her right anterior shoulder.

“Video recordings show her alive and conscious, writhing uncontrollably immediately after the shooting,” the suit stated. “Ashli remained conscious for minutes or longer after being shot by Lt. Byrd. Ashli experienced extreme pain, suffering, mental anguish and intense fear before slipping into pre-terminal unconsciousness."

“Furthermore, nothing about the wound track described in the autopsy report would be expected to result in immediate death or instantaneous loss of consciousness,” the suit said, “and Ashli’s lungs contained blood, further confirming that she was alive and breathing after being shot.”

Babbitt was unarmed, hands raised

Although Byrd claimed that he feared for his life at the time he shot Babbitt, he “later confessed that he shot Ashli before seeing her hands or assessing her intentions or even identifying her as female,” the lawsuit said. “Ashli was unarmed. Her hands were up in the air, empty and in plain view of Lt. Byrd and officers in the lobby.

“Ashli posed no threat to the safety of anyone,” the suit said.

The killing became a polarizing event for Jan. 6 and drew vile responses from the left, with many claiming that Babbitt deserved to be shot because they believed her to be a rioter who was part of a mob. Death threats and harassment were directed at Aaron Babbitt. Immediately after the shooting, people would call the Babbitts' pool-cleaning business and ask, “Can Ashli come over and clean my pool?”

A self-described “anarchy princess” stomped on a birthday floral tribute to Babbitt on the steps of the Capitol in October 2022. The woman, Brianne Marie Chapman, often heckled Babbitt’s mother, Micki Witthoeft, at public events.

'Then-Lieutenant Byrd’s weapon was left unattended in a public restroom for approximately 55 minutes.'

Long investigations carried out by news media and Judicial Watch Inc. revealed that Ashli Babbitt tried to stop rioting that erupted in the Speaker’s Lobby hallway between 2:36 and 2:44 p.m. She shouted at rioters to stop and eventually threw a left hook to the face of rioter Zachary Alam to end his spree of vandalism and mayhem.

The suit was filed in San Diego, but the Biden DOJ immediately moved to have it transferred to the friendly confines of federal court in the District of Columbia. Judicial Watch was still fighting to move the case back to California when the “settlement in principle” was first announced May 2.

The DOJ declined to prosecute Byrd in 2021, stating there was not enough evidence that the officer willfully used excessive force in killing the 14-year U.S. Air Force veteran. The shooting-justification report was loaded with errors and did not use the proper U.S. Supreme Court litmus test for fatal use of force.

Byrd promoted, rewarded

A U.S. House subcommittee outlined how the Capitol Police covered up Byrd’s identity for eight months in 2021, paid more than $35,000 to house him in an admiral’s suite at Joint Base Andrews in Maryland, provided $37,000 in unrestricted retention bonuses, and helped Byrd open a GoFundMe account that brought in more than $164,000.

Former U.S. Rep. Adam Kinzinger (R-Ill.) made a $200 donation to Byrd's GoFundMe on Nov. 18, 2021. At the time, Kinzinger was a member of the now-defunct Jan. 6 Select Committee appointed by House Speaker Nancy Pelosi (D-Calif.). Kinzinger wrote on social media, “A worthy cause, as this man has faced quite an onslaught of misinformation and extreme threats.”

Capitol Police planned to use money from the Officers’ Memorial Fund for fallen officers to pay Byrd’s expenses, including overtime pay he lost by being off work following Jan. 6, the House report said. The plan was to submit Byrd’s proposal ahead of any other Memorial Fund payments, including those for 90 officers injured on Jan. 6.

The Capitol Police general counsel worked directly with Pelosi's staff to find ways to assist Byrd after the shooting. A police source who was in attendance at a Capitol meeting with Pelosi told Blaze News the speaker emerita declared that Byrd was not to be touched.

RELATED: Lawmaker who visited El Salvador to spring MS-13 gang member attacks Ashli Babbitt as a ‘domestic terrorist’

U.S. Capitol Police Officer Steven Robbs peers into the House Speaker’s Lobby after Lt. Michael Byrd shot Ashli Babbitt. A wrongful-death lawsuit filed against Byrd said tactical officers were in the hallway when Byrd aimed and fired at Babbitt at 2:44 p.m. on Jan. 6, 2021.Photo by Tayler Hansen

Capitol Police assigned Byrd a dignitary protection detail and planned to provide him with a department-issued shotgun for personal protection. However, Byrd failed the FBI background check and the shotgun proficiency test, Rep. Barry Loudermilk (R-Ga.) said.

Byrd was promoted to captain in 2023. Loudermilk said he was troubled by the promotion, asking then-Chief J. Thomas Manger to provide more information on the standards used for the promotion. Manger never responded, a Capitol Hill source told Blaze News.

Blaze News reached out to the USCP for comment.

Blaze News investigations exposed how Capitol Police have covered for Byrd for nearly 25 years. Byrd was recommended for termination in 2001 when an internal affairs investigation found he abandoned his post in the Speaker’s Office for a card game in a nearby cloakroom. When Byrd was confronted by a supervisor, he lied, defying video evidence to the contrary, the investigation found.

Byrd was suspended for a week after a 2015 incident in which he shouted at a Montgomery County police officer working security at a Maryland high school football game.

Byrd “became argumentative with the officer and began yelling profanities at the officer, calling him a ‘piece of sh**, a**hole, and racist,’” according to a report issued in 2024 by Rep. Loudermilk. Byrd accused the officer of “targeting the ‘black side’ of the field and then jumped the fence” to confront him.

In 2019, Byrd was again referred to the Office of Professional Responsibility for leaving his Glock pistol in a Capitol Visitor Center restroom.

“Then-Lieutenant Byrd’s weapon was left unattended in a public restroom for approximately 55 minutes before it was discovered by another officer,” Loudermilk wrote. Byrd was suspended without pay for 33 days.

Loudermilk disclosed that the records of three other OPR discipline cases against Byrd were somehow missing.

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Controversial assistant chief embroiled in 2010 fraud scandal named acting Capitol Police chief



Sean P. Gallagher, the assistant U.S. Capitol Police chief who became embroiled in a time-card fraud scheme in 2010 and was blamed by a top department commander for disastrous inaction in the USCP Command Center on Jan. 6, has been named acting chief of the department.

The U.S. Capitol Police Board made the appointment as the search begins for a permanent replacement for just-retired Chief J. Thomas Manger. The three-member board includes the House and Senate sergeants at arms and the architect of the Capitol. The police chief serves as a non-voting member.

'Supervisors are held to a lower standard, even when the conduct is criminal.'

Gallagher’s appointment as acting chief will most likely not lead to him being offered the permanent job, according to Capitol Hill sources who spoke with Blaze News on the condition of anonymity. Still, his appointment was described by several police sources as a morale-killer among the rank and file.

Gallagher has drawn fire throughout his nearly 25 years with U.S. Capitol Police, including a felony-level time-cardfraud case that involved him forging the signature of a USCP inspector in order to file bogus overtime claims, internal documents show.

Gallagher was one of the subjects of a scathing Jan. 6 whistleblower letter that alleged that he and the then-chief "simply watched, mostly with their hands in their laps" while officers fought for their lives across Capitol grounds after tens of thousands of protesters surrounded the building.

“It’s the white shirts that are so corrupt,” one source told Blaze News on June 2. “They’re the ones who almost got us killed on January 6.”

Acting Capitol Police Chief Sean Gallagher joined the department in 2001. His tenure has been marred by controversy.Photo By Tom Williams/CQ-Roll Call Inc. via Getty Images

The move to place Gallagher in the top spot was most likely intended as a resume pad to help him move on to another law enforcement department or agency, sources said.

Manger, who joined as chief in July 2021 and retired May 30, oversaw massive budget growth in the wake of Jan. 6. He submitted a budget request to the current Congress for nearly $1 billion.

Manger’s final six months in office were marred by high-profile security failures. In January 2025, a man was admitted through the Capitol Visitors Center checkpoint armed with a 9mm handgun hidden in his waistband. The man was later detained after he exited the Library of Congress.

On March 4, a congressional staff member who attempted to bring a loaded handgun through a security checkpoint told Capitol Police that he successfully brought the weapon through security the day before.

Manger blamed the security lapses on “the hardest kind of failure to address: human failure.”

Former Capitol Police Lt. Tarik K. Johnson, who was suspended for nearly 18 months after Jan. 6 by former acting Chief Yogananda Pittman and the Office of Professional Responsibility, said if Gallagher is named permanent chief, the truth about Jan. 6 will never come out.

“If he gets the position permanently, January 6th will go down in history as an insurrection caused by President Trump,” Johnson wrote on X, “as Gallagher will ensure nothing comes out that would disturb the insurrection narrative.”

Johnson was one of the first officials to call out the Jan. 6 inaction of Gallagher and Pittman that he said endangered House and Senate members as the Capitol was overrun. The leadership vacuum in the Command Center delayed evacuations and set up the conditions leading to the fatal shooting of Ashli Babbitt just outside the Speaker’s Lobby, Johnson has said.

Capitol Police radio transmissions show that Johnson pleaded for permission to evacuate the U.S. Senate just before 1:30 p.m. that day, but was greeted by complete silence from the Command Center. Johnson eventually acted on his own, rushing senators and staff to safety just as an angry crowd moved toward the main Senate entrance.

Johnson’s suspension was officially because he wore a red Make America Great Again ball cap as he moved in and out of the crowds on Jan. 6. Johnson counters that the real reason for his discipline and demotion was that his decisions exposed the failures of senior leaders assigned as area commanders for the Capitol that day.

Gallagher’s appointment is a head-scratcher, sources said, given a checkered history that includes sustained charges of felony-level time-card fraud in 2010 that cost taxpayers at least $10,000.

Overtime fraud discovered

Documents obtained by Blaze News in 2024 showed that Gallagher was recommended for termination for a time-card fraud scheme involving himself and two lieutenants under his command.

According to Rhoda Henderson, a retired USCP sergeant and whistleblower, the other participants in the fraud scheme included Deputy Chief John Erickson and former Lt. Wendy Colmore, who left the department in 2015 for a post in the U.S. Senate Sergeant at Arms office.

According to Office of Professional Responsibility disciplinary records obtained by Blaze News, Gallagher forged his supervisor’s signature on overtime pay submissions, using a different color pen for the forged signature from the one he used for his own. The fraud scheme was discovered in 2010 and sparked a long investigation.

An OPR memo dated Dec. 18, 2013, recommended Gallagher’s termination “for having defrauded the government of more than $10,000.”

U.S. Capitol Police Assistant Chief Sean Gallagher testifies during the House Committee on Administration Subcommittee on Oversight hearing on March 12, 2024.Photo by Bill Clark/CQ-Roll Call Inc. via Getty Images

“The offense is egregious and, absent any mitigating factors, warrants nothing less than termination,” the memo read. “This offense was willful and frequent, occurring on eight occasions. Captain Gallagher misrepresented his times, forged his supervisor’s signature on overtime authorization forms, falsified pay certification sheets, and forged his supervisor’s signature on pay certification sheets to defraud the government for significant personal gain.”

Despite the fraud alleged, Gallagher kept his job. A Capitol Police source told Blaze News that then-Capitol Police Chief Kim C. Dine intervened in Gallagher’s case. Dine assigned the discipline investigation to Inspector Daniel Malloy, the supervisor whose signature Gallagher was accused of forging. Chief Dine left the job in 2015.

The OPR investigation recommended that Gallagher be demoted from captain to lieutenant, but Gallagher escaped with only a 10-day unpaid suspension.

Jim Konczos, chairman of the Capitol Police Labor Committee’s executive board at the time of the overtime fraud investigation, described a department culture in which “supervisors are held to a lower standard, even when the conduct is criminal.”

Gallagher was promoted to assistant chief in October 2023 from his previous title of deputy chief and head of the Protective Services Bureau. He was named inspector in June 2018 and became commander of the Dignitary Protection Division. He became deputy chief in 2019. From 2010 to 2018 he was assistant commander of the Dignitary Protection Division and the Capitol Division. From 2008 to 2010, Gallagher was assistant commander of the Investigations Division.

The USCP Public Information Office did not respond to a request for comment from Blaze News.

‘Two bumps on a log’

A 16-page whistleblower letter sent to Congress in September 2021 faulted Deputy Chief Gallagher and acting Chief Pittman for inaction that led directly to injury of officers and put lawmakers in danger.

“In the Command Center, they simply watched, mostly with their hands in their laps,” wrote former Deputy Chief Jeffrey J. Pickett. “They did not try to help or assist as officers and officials were literally fighting for each other, their lives, and the Congress.”

The signature on the whistleblower letter was redacted, but Pickett later acknowledged writing the document.

“What I observed was them mostly sitting there, blankly looking at the TV screens showing real-time footage of officers and officials fighting for the Congress and their lives,” Pickett wrote. “This observation of their inaction was reported and corroborated by other officials and non-USCP entities.”

Pickett said he believed the inaction was intentional.

“It is my allegation that these two, with intent and malice, opted to not try and assist the officers and officials, blame others for the failures, and chose to try and use this event for their own personal promotions,” Pickett wrote.

“These two instead, while officers were being injured, elected to do nothing, lie and attempt to profit professionally,” Pickett wrote. “They chose to watch, as one non-USCP witness stated, ‘like two bumps on a log,’ make calls, and start to blame everyone for their failures.”

Former acting U.S. Capitol Police Chief Yogananda Pittman testifies before a U.S. Senate committee on April 21, 2021.Photograph by Greg Nash/The Hill/Bloomberg via Getty Images

Pittman, who was named acting chief for the six months prior to Manger being named chief, in February 2023 became chief of police at the University of California at Berkeley. Although she did not yet qualify for Capitol Police retirement pension, Manger granted her five months of leave without pay until she reached the retirement threshold.

The department has been mired in other scandals since January 6. Former Officer Harry Dunn and Special Agent David Lazarus gave conflicting and apparently false testimony in the trial of four Oath Keepers and one associate in 2022.

Lazarus testified that he witnessed a confrontation between members of the Oath Keepers and Dunn in the Small House Rotunda, but at the time he cited, he was not even in the Capitol. The Oath Keepers had left the building prior to Lazarus meeting up with Dunn, according to a multi-part Blaze News video series by Steve Baker.

Lieutenant Michael L. Byrd, who shot and killed Babbitt at 2:44 p.m. outside the Speaker’s Lobby, was shielded from public view for seven months, hidden in a luxury hotel room at the Joint Base Andrews military facility in Maryland.

Capitol Police paid for $21,000 in security upgrades to Byrd’s Maryland home, awarded Byrd nearly $40,000 in unrestricted retention funds, and helped him establish a GoFundMe campaign that netted more than $164,000, according to a November 2024 letter from U.S. Rep. Barry Loudermilk (R-Ga.).

Byrd had been accused of abandoning his post in the Speaker’s Office for a nearby cloakroom card game in 2001, then lying about it to internal affairs investigators.

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Retiring Capitol Police chief takes shots at Jan. 6 protester Ashli Babbitt, settlement of civil lawsuit



Retiring U.S. Capitol Police Chief J. Thomas Manger took some parting shots at the late Ashli Babbitt on his way out the door, claiming in a May 2 internal memo that she “attacked the U.S. Capitol” and ignored police orders to stay out of the Speaker’s Lobby hallway where she was shot to death by Lt. Michael Byrd.

The two-page letter was read at all roll calls, posted on bulletin boards, and distributed by email. It expresses Manger’s disdain for the U.S. Department of Justice agreeing to settle the Babbitt family’s $30 million wrongful-death lawsuit filed against the federal government on Jan. 5, 2024.

Attorneys for Judicial Watch Inc. and the DOJ told a federal judge on May 2 they had reached a “settlement in principle” that should be finalized within weeks. No financial terms were disclosed.

Judicial Watch president Tom Fitton said the settlement is “going to be historic!” Judicial Watch represents Aaron Babbitt and his late wife’s estate in the lawsuit against the federal government.

A status report that Judicial Watch and the DOJ filed with U.S. District Judge Ana Reyes on May 6 did not include an update on the expected timing to finalize the settlement.

It did, however, propose that Babbitt’s former attorney, Terrell N. Roberts III, enter into fee arbitration with the Attorney Client Arbitration Board of the District of Columbia Bar. Roberts opposes that solution, the court filing said. Roberts’ attempts to secure a restraining order and a 25% lien on the final settlement were rebuffed by Judge Reyes. Roberts withdrew from the Babbitt case in late February 2022.

Manger’s letter makes several questionable contentions, including that Babbitt ignored orders by police to stay out of the Speaker’s Lobby.

Ashli Babbitt punches rioter Zachary Jordan Alam in the nose after he smashed out several windows in the entrance to the Speaker's Lobby in the U.S. Capitol on Jan. 6, 2021. Babbitt was fatally shot seconds later.Blaze News graphic from Sam Montoya photograph. Used with permission.

According to video shot by journalist Tayler Hansen, he and Babbitt freely walked into the hallway outside the Speaker’s Lobby at 2:36 p.m. On the way, they passed Jason Gandolph, a plainclothes House Sergeant at Arms officer. Hansen greeted him and said, “Stay safe.” Gandolph was walking and looking at his phone at the time.

Three U.S. Capitol Police officers were standing at the end of the hall outside the Speaker’s Lobby: Officer Kyle Yetter, Sgt. Timothy Lively, and Officer Christopher Lanciano. Hansen offered the officers a water bottle while Babbitt talked to the trio. They were the only ones in the hall with Babbitt and Hansen until other protesters began filling the space a short time later.

'We’ve got to start thinking about getting the people out.'

Gandolph told investigators that Babbitt helped to smash the glass in the doors and windows of the Speaker’s Lobby entrance. Video from the hallway shows, however, that Babbitt did not touch the doors or the glass, but she did shout at the officers to “call f**king help!”

“In 2021 the DOJ said there was no evidence to show law enforcement broke the law, yet now the DOJ is agreeing to pay a settlement,” Manger wrote.

A 14-page DOJ memo on the killing of Babbitt by then-Lt. Byrd, now a captain, was released in June 2022 by Judicial Watch as part of a Freedom of Information Act lawsuit.

The memo said there was “insufficient evidence to prove beyond a reasonable doubt that Lt. Byrd violated Ms. [Babbitt’s] civil rights by willfully using more force than was reasonably necessary, or was not acting in self-defense or the defense of others.”

Lt. Michael L. Byrd, who killed Ashli Babbitt at the U.S. Capitol on Jan. 6, 2021, has 'significant' discipline history including gun incidents, U.S. Rep. Barry Loudermilk (R-Ga.) disclosed in November 2024.Photos by Judicial Watch, John Sullivan

The DOJ memo has been criticized because it cited the wrong legal standard for determining whether police use of lethal force is justified. The “gold standard” is the 1989 U.S. Supreme Court decision in Graham v. Connor.The High Court said police use of force should be judged on the Fourth Amendment’s “objective reasonableness” standard without regard for the officer’s subjective state of mind.

“An officer’s evil intentions will not make a Fourth Amendment violation out of an objectively reasonable use of force; nor will an officer’s good intentions make an objectively unreasonable use of force constitutional,” the court said.

Even if the force Byrd used in killing Babbitt was unreasonable, “the government must show that an officer acted willfully, that is, with the specific intent to deprive the victim of a constitutional right,” the DOJ report said. In this context, “willfully” means that an act “was done voluntarily and intentionally, and with the specific intent to do something the law forbids; that is with a bad purpose either to disobey or disregard the law.”

'I asked for permission to evacuate. I heard no response.'

Stanley Kephart, a police use-of-force expert who has testified in court cases more than 350 times, said use of the term “willfully” is from a 1985 U.S. Court of Appeals case from the Fifth Circuit, United States v. Garza. He said it should not be applied to Byrd’s killing of Babbitt.

“The highest culpable mental state in committing a crime is ‘knowingly’ and Captain Byrd did just that,” Kephart said. “Willingly does not apply.”

Byrd did not write any reports on the shooting and refused to make a statement to internal affairs investigators. His only public statement on the shooting was made in a televised August 2021 interview with NBC anchor Lester Holt. Byrd said he feared for his life at the time he fired his service weapon. He said, however, he could not tell if the person climbing into the broken window was armed or even what sex the person was.

Kephart said he believes the Biden DOJ had a pre-ordained conclusion to the shooting probe. He called the DOJ report a “total miscarriage of justice.”

“The glaring thing about it, they picked the Garza decision, which was an aged decision. Graham v. Connor is the newest Supreme Court finding and that’s why it is the gold standard,” Kephart said. “For them to go back in time and pick an aged decision that was friendly to them is a clear indication of what they were attempting to do.”

Video from the hallway where violence broke out shows Babbitt tried to stop the rioting and shouted at officers to call for backup. Just before she climbed into the broken side window and was shot, she punched rioter Zachary J. Alam in the nose and knocked off his glasses. Alam had just used a black riot helmet to smash the glass out of the side window. Had Alam climbed into the broken window before Babbitt punched him, he most likely would have been shot.

“While illegally inside the building, she disregarded the orders of police to stay out of the Speaker’s Lobby and instead climbed through a broken window, which had just been smashed by a fellow rioter, in her attempt to access members of Congress who were being evacuated from the Capitol,” Manger wrote.

New Judicial Watch video covers 19 minutes in the Jan. 6 life and death of Air Force veteran Ashli Babbitt.Photos by Aaron Babbitt, Jayden X, Judicial Watch, and Sam Montoya

Byrd told Holt that he repeatedly screamed at the rioters to “get back.” Byrd was wearing a black COVID mask at the time. Other officers in the Speaker’s Lobby gave conflicting reports on whether commands were shouted to those outside the entrance.

Witnesses along the outside of the lobby entrance said they did not hear warnings or other statements from inside the Speaker’s Lobby. The crowd, which had grown to at least 55-60 people, made considerable noise. The three USCP officers posted at the door said they did not hear any commands from inside the Speaker’s Lobby. Nor were any commands heard on videos filmed in the hallway.

Aaron Babbitt said his wife, 35, who was a military policewoman in the U.S. Air Force and Air National Guard, would not have continued through the window if she had seen or heard Lt. Byrd.

Video showed the members of Congress were going downstairs toward the subway when Hansen and Babbitt first walked into the hallway outside the Speaker’s Lobby. A few members remained in the House Chamber to help guard the main House entrance, but the evacuation was otherwise complete by the time Babbitt jumped up into the window.

Manger said the lawsuit settlement “is insulting to every officer who protected the Capitol on January 6, 2021, and those who feared for their life on that dark day.”

Former lieutenant raps Manger

One former Capitol Police officer went public with his opposition to Manger’s memo. Former Lt. Tarik K. Johnson, who first posted Manger’s letter May 5 on X, called the document “partisan.”

“How should he (Manger) be allowed to take a partisan position from the chair of a police chief when some could easily articulate his behavior as an abuse of power as his rant was put on USCP letterhead and distributed,” Johnson said.

— (@)

In March, Manger announced he was retiring after nearly four years on the job. His announced last day was May 2, but a Capitol Police source told Blaze News that Manger was still on duty on May 6.

“How do we tolerate Manger criticizing the current administration in a civil matter without questioning his judgement and ability to lead a police agency that has a requirement to remain neutral and protect all members of the congressional community and visitors to the Capitol complex,” Johnson wrote, “not just those who share his political views.”

Johnson was suspended by Capitol Police for nearly 18 months after Jan. 6, ostensibly because he wore a red MAGA cap while he and and two Oath Keepers evacuated 16 police officers from inside the Capitol’s Columbus Doors. Johnson has said the cap made the crowds more receptive and helped him move up and down the east steps unmolested. He said the cap was like having a helmet for protection.

Capitol Police Lt. Tarik K. Johnson asks for assistance from retired police Sgt. Michael Nichols (right) and Steve Clayton (center). Both Oath Keepers, Nichols and Clayton helped Johnson evacuate 16 police officers from inside the Columbus Doors on Jan. 6, 2021.Rico La Starza

The suspension that Johnson said made him a virtual prisoner in his own home was really meted out because he ordered the evacuation of the U.S. Senate on Jan. 6 after the USCP Command Center failed to answer repeated radio transmissions seeking authorization, he said. Video shows just as the last senators hustled down the stairs, a raucous crowd was moving toward the Senate entrance from an adjacent hallway.

Johnson then headed toward the House and ordered members to evacuate the building. He gave Sgt. Nelson Vargas instructions over the radio on which door and stairway to use to reach the Capitol Subway System. It isn’t known why Byrd did not evacuate the House after rioters smashed the Senate Wing Door windows at 2:12 p.m. and crowds poured into the building. Byrd was the Capitol Police commander for the House and Senate on Jan. 6.

“There was no response from anybody at the Command Center,” Johnson said in a January 2023 interview. “I say even before I initiated evacuation, I say specifically, ‘We’ve got to start thinking about getting the people out before we don’t have a chance to.’ I heard no response. Then I asked for permission to evacuate. I heard no response.”

In addition to Johnson’s pleas for help, the Capitol Police dispatcher repeatedly asked for authorization for the evacuation. He was met with radio silence.

Johnson said if the evacuation of Congress had started when he first asked Assistant Chief Yogananda Pittman and the Command Center for help, Byrd wouldn’t have been near the Speaker’s Lobby entrance, and the House chamber would have been empty if the crowd had breached the barricaded doors.

“I made the evacuation order at approximately 2:28 for the Senate, and then I did it maybe six to eight minutes later for the House,” Johnson said.

Manger said his department and the Metropolitan Police Department did a “comprehensive review of all the available evidence” in the shooting.

Shortly after shooting Babbitt at 2:44 p.m. on Jan. 6, Byrd made a false broadcast on Capitol Police radio claiming that he was taking gunfire and was preparing to return fire. The false assertion was never corrected on the air, leaving SWAT officers streaming into the Capitol to wonder if the scene was secure or if a shooter was on the loose in the Capitol. Neither the DOJ report nor the MPD shooting investigation report made reference to Byrd’s radio transmission.

Frick and Frack (left) are escorted to a meeting with Capitol Police. An unmarked squad car (upper right) arrives at the south barricade with Capitol Police officers. Officer Rick Larity (lower right) and Sgt. Sarah Smithers approach Frick and Frack for a meeting inside the squad car.U.S. Capitol Police/CCTV security video

Police did not attempt to detain any of the more than 50 people in the Speaker’s Lobby hallway to take witness statements. As far as is publicly known, none of them was detained for questioning about the shooting, and none of their witness accounts appeared in the MPD or DOJ shooting investigation reports.

Two men, nicknamed “Frick and Frack” by a YouTube personality in 2021, stood behind the police line down the stairs from the lobby entrance as four Capitol Police SWAT officers came up from the first floor.

After protesters and rioters were forced to exit, Frick and Frack approached USCP Deputy Chief Eric Waldow in the hallway and volunteered to be witnesses. As a 2024 Blaze News investigation showed, the men were escorted from the building by Capitol Police K-9 technician Bruce Acheson and taken to meet with Capitol Police detectives in an unmarked squad car at the edge of Capitol grounds.

Frack gave police a short video clip taken in the Speaker’s Lobby hallway at the time of the shooting, but was apparently allowed to leave without providing all of the extensive video he shot on the Capitol west front, inside the building, and from the front rows of the Speaker’s Lobby hallway during the melee. The man’s name was redacted in the MPD shooting report. Some brief information on him was included in an MPD investigation memo.

Video showed Frick and Frack set up makeshift ladders out of police barricades to allow protesters to more easily climb onto the balustrade of the Northwest Steps and proceed into the Capitol. They have not been publicly identified and were never arrested or charged.

Kephart said the 2021 DOJ report should have delved more into Byrd’s service and discipline record. He urged that Byrd’s shooting investigation be reopened by the Trump DOJ.

The DOJ report includes nearly a dozen factual errors, some of which were repeated in the Manger letter.

‘Significant’ discipline history

In November 2024, U.S. Rep. Barry Loudermilk (R-Ga.), chairman of the Committee on House Administration Subcommittee on Oversight, sent Manger a letter outlining Byrd’s “significant” history of discipline cases.

In one 2004 incident, Byrd was found by the Office of Professional Responsibility to have fired his Capitol Police service weapon into the rear of a van that was fleeing his Maryland neighborhood. His neighbor was in the line of fire, Loudermilk said. Byrd told investigators he shot into the windshield as the van drove directly at him.

U.S. Capitol Police Lt. Michael Byrd appears to have his finger on the trigger of his service weapon while walking on the U.S. House floor as rioters broke windows at the House entrance at the U.S. Capitol on Jan. 6, 2021.Photo by Stefani Reynolds/Bloomberg via Getty Images. Graphic overlay by Blaze News

The OPR investigation found Byrd violated the USCP weapons and use-of-force policies by firing his gun in a “careless and imprudent manner.” Byrd appealed the finding to the Disciplinary Review Board, which overturned the OPR findings, according to Loudermilk.

In another discipline case revealed in a Blaze News exclusive, Byrd was recommended for termination in 2001 for abandoning his post in House Speaker Denny Hastert’s office for a card game in a nearby cloakroom, then lying about it to Internal Affairs Division investigators.

Loudermilk’s Nov. 20 letter also detailed the favorable treatment Byrd has received by USCP since Jan. 6, including $36,000 in unrestricted retention funds, $21,000 in security upgrades at his Prince George’s County, Md., home, and a GoFundMe campaign that raised $164,206 for Byrd.

Capitol Police paid to house Byrd at the Joint Base Andrews military facility from July 2021 until late January 2022 at a cost of more than $35,000, according to records obtained by Judicial Watch Inc.

Capitol Police general counsel Thomas A. “Tad” DiBiase met with Jamie Fleet, staff director for then-House Speaker Nancy Pelosi (D-Calif.), to discuss options to help Byrd, according to email uncovered by congressional investigators, Loudermilk said. Pelosi had earlier said she wanted Byrd “taken care of,” according to a Blaze News source who directly witnessed the statement during a meeting.

Loudermilk gave Manger a long list of questions and document requests at the close of his letter. The deadline was Dec. 4, 2024. A congressional source said Manger never replied to Loudermilk’s letter. The 118th Congress ended on Jan. 3, 2025. Five months after the start of the 119th Congress, the House has not yet established a successor committee or subcommittee to investigate Jan. 6.

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Hero or hoax? The real story behind Harry Dunn’s FBI interviews



My interest in former U.S. Capitol Police Officer Harry Dunn began on Oct. 6, 2022 — the third day of the first Oath Keepers trial at the U.S. District Courthouse in Washington, D.C.

Shortly after a recess and before the jury returned to the courtroom, lead prosecutor and Assistant U.S. Attorney Jeffrey Nestler approached the lectern. He informed U.S. District Judge Amit Mehta that Jonathon Moseley — a recently disbarred attorney — had threatened to release two confidential FBI documents known as “302s.”

Much of what Dunn described in his FBI interviews, congressional testimony, court appearances, and even his book and media tour simply didn’t happen.

Form FD-302 consists of written notes and recollections recorded by an FBI special agent following an interview. In this instance, Nestler referred to two 302s based on separate interviews with Officer Dunn. The FBI conducted the first interview in May 2021 and the second in August 2021.

Nestler stated that both forms remained sealed by the court and were labeled either “sensitive” or “highly sensitive.” Moseley, however, argued that the documents could now be released publicly because the House Select Committee on January 6 had introduced them as part of its proceedings.

What I saw looked like a pre-orchestrated performance between Assistant U.S. Attorney Jeffrey Nestler and Judge Amit Mehta — the first of several such moments I witnessed during that trial. Mehta appeared furious at the idea that Moseley believed he could release something still under his seal.

I watched the exchange unfold from the media room on the first floor of the district courthouse. That room received live audio and video feeds from the courtroom upstairs, where the trial was taking place. On a typical day during the nine-week trial, 20 to 30 journalists gathered there to cover proceedings. It was the only place in the courthouse where we could use laptops and other electronic devices, which were banned in the courtroom itself.

Most reporters spent their time compiling notes for end-of-day write-ups. But a small group of us tweeted the proceedings in real time.

After Nestler informed the judge of Moseley’s threat to release the FBI 302s, Mehta responded in a way I had never seen before.

He turned his attention to the journalists in the media room and instructed us to “tweet out” a message directly to Moseley: If he released the 302s — or any other documents still protected under court seal — Mehta would hold him in contempt of court.

“He’ll find out,” the judge said.

What was in there?

The media room burst into laughter at Judge Mehta’s directive that we do his bidding and relay his warning. Within seconds, keyboards clattered as journalists rushed to compose their own versions of the judge’s threat, broadcasting it across social media.

Each day of the trial, I took my place in the back right corner of the media room. I was a newcomer among a group of seasoned courtroom reporters — an outsider observing the insiders. During the first two weeks, the courthouse remained under a COVID-19 masking mandate. From my seat, I could let my mask dangle from one ear without attracting much attention — or the disapproval of my more dutiful colleagues.

That vantage point also gave me a clear view of the room. I could watch what the other reporters were typing, observe their screens, and monitor how they shaped the narrative.

While they laughed and tweeted Mehta’s warning to Moseley, I kept my focus elsewhere. One question consumed my thoughts: What is in those two 302s?

What exactly did those two FBI forms contain that the prosecution — and the judge — didn’t want the jury or the American public to see?

One clue had already surfaced on social media. It came from Dunn’s May 18, 2021, FBI interview, cited in a pretrial motion filed by Stewart Rhodes’ attorney, Edward Tarpley. A footnote on page 12 of the filing quoted the following excerpt:

U.S. Capitol Police Officer Harry Dunn informed all protestors they needed to leave and told the Oath Keepers that the protestors were fighting officers. The Oath Keepers advised Dunn they would help keep the protestors from the lower west terrace area. Dunn advised he allowed them to stand in front of him to help keep the protestors from getting down the stairs. Dunn left this area when he was relieved by USCP riot officers.
— FBI Interview of U.S. Capitol Police Officer Harry Dunn, May 18, 2021, page 2, publicly disclosed by the U.S. House Select Committee to Investigate the January 6, 2021, attack on the Capitol.

This account — Dunn’s own description of his encounter with four Oath Keepers at the top of a Capitol staircase near the Rotunda — appeared to support their claim that they had helped de-escalate a volatile situation. Rather than confronting the officer, the Oath Keepers allegedly positioned themselves between Dunn and a more aggressive crowd, attempting to prevent further escalation.

I had to get my hands on those 302s — and eventually, I did.

Inventions and evasions

The second 302, based on Officer Harry Dunn’s August 16, 2021, interview with the FBI, told a very different story from the first. In that follow-up, Dunn completely reversed his account. He now claimed he never gave the four Oath Keepers permission to assist him at the top of the staircase. Instead, he described the interaction as hostile, saying they tried to force their way past him.

Dunn also invented a second encounter — this one taking place a floor below, in the crypt. In that version, he said another group, also wearing militia-style gear resembling the Oath Keepers’, attempted to position themselves between him and a more aggressive crowd of protesters.

The contrast between the two interviews raised more questions than answers.

Although I’ve never publicly released the two 302s, both proved invaluable. They offered critical details — and pointed me toward what to watch for once Congress finally granted journalists access to the long-promised 41,000 hours of Capitol CCTV footage from January 6.

Drawing from that surveillance footage, D.C. Metropolitan Police body-worn cameras, and other open-source videos released during various January 6 trials, Blaze Media has been able to confirm a troubling pattern: Much of what Harry Dunn described in his FBI interviews, congressional testimony, court appearances, and even his book and media tour simply didn’t happen.

Two weeks before the October 2023 release of his book, “Standing My Ground: A Capitol Police Officer's Fight for Accountability and Good Trouble After January 6th,” Dunn agreed to meet with me for an off-the-record conversation. We spent four hours together at the U.S. Capitol Arboretum.

Because the meeting was off the record, I can’t disclose anything Dunn said. But I came prepared with some frank and direct points of my own. By then, I had already spent days in the Capitol CCTV viewing room, combing through surveillance footage we would later call “A Day in the Life of Harry Dunn.” I had also read an advance copy of his book.

To say the video evidence and his personal narrative about January 6 don’t match is putting it mildly. It's the understatement of the century.

I shared with Dunn several specific examples where the video evidence directly contradicted his claims of heroism and derring-do on January 6. Eventually, he asked how I planned to write his story.

“Harry, the media, Congress, even the president — they’ve made you a national hero,” I told him. “But I can make you a real hero if you give me the names of those who pushed you to change your story about the Oath Keepers in that second FBI interview.”

After that, I walked him to his car. He said he’d think about it.

But he never gave me those names.

President Trump says he’s ‘going to take a look at’ fatal Jan. 6 shooting of Ashli Babbitt



President Donald J. Trump said he plans to investigate the “unthinkable” Jan. 6 fatal shooting of Ashli Babbitt and why the U.S. Department of Justice is still opposing the $30 million wrongful-death lawsuit filed by Aaron Babbitt and Judicial Watch.

In a March 25 interview with Greg Kelly of Newsmax, President Trump said he plans to look into Capitol Police Lt. Michael Byrd, who killed Babbitt from a hidden position, allegedly before even establishing whether she was armed or otherwise a threat. Byrd has said he feared for his life.

'She was innocently standing there.'

Kelly noted that Byrd — who is now a captain assigned to a training role making nearly $190,000 a year — was promoted in 2023 and given a medal by the Biden administration in the wake of the fatal shooting.

“I think it’s a disgrace,” President Trump said. “I’m going to take a look at it. I’m going to look at that, too. His reputation was, I won’t even say. Let’s find out about his reputation, OK? We’re going to find out.”

Trump’s comment seemed a likely reference to a letter released in late 2024 by U.S. Rep. Barry Loudermilk (R-Ga.), who detailed Byrd’s history of alleged aggressive personal behavior and reckless use of his service weapon. Loudermilk, then chairman of the Committee on House Administration Subcommittee on Oversight, said the records of three disciplinary cases against Byrd were somehow missing.

Writing to Capitol Police Chief J. Thomas Manger, Loudermilk said Byrd was given $36,000 in unrestricted funds as a “retention bonus” in 2021, while other Capitol Police officers received around $3,000 each. Byrd was reimbursed for more than $21,000 in security upgrades for his personal residence in Prince George’s County, Md.

Manger recently announced his plans to retire, effective May 2.

U.S. Capitol Police Lt. Michael Byrd appears to have his finger on the trigger of his service weapon while walking on the U.S. House floor as rioters broke windows at the House entrance at the U.S. Capitol on Jan. 6, 2021. Photo by Stefani Reynolds/Bloomberg via Getty Images/Graphic overlay by Blaze News

Byrd complained bitterly in emails at the slow pace of an ultimately doomed plan to provide him with cash from the Capitol Police Officers Memorial Fund, Loudermilk’s letter said.

Capitol Police paid to house Byrd at the Joint Base Andrews military facility from July 2021 until late January 2022 at a cost of more than $35,000, according to records obtained by Judicial Watch Inc. When he left the base for any reason, Byrd was provided with a Capitol Police dignitary protection detail, which a source told Blaze News could easily cost $425 per hour.

A Blaze News investigation found that Byrd was recommended for termination for a 2001 incident for reportedly abandoning his post in the House Speaker’s Office for a card game in a nearby cloakroom and lying about it to Internal Affairs Division investigators.

House investigators also detailed a case in which Byrd allegedly fired at a fleeing vehicle outside his home, then lied to local police, saying the van was driving directly at him when he fired his Capitol Police service weapon.

— (@)

President Trump indicated he wasn’t aware that the DOJ continues to oppose the $30 million federal wrongful-death lawsuit filed on Jan. 5, 2024.

“I’ll look into that. You’re just telling me that for the first time,” Trump told Kelly. “I haven’t heard that.

“I’m a big fan of Ashli Babbitt, OK?” Trump said. “Ashli Babbitt was a really good person who was a big MAGA fan, Trump fan, and she was innocently standing there — they even say trying to sort of hold back the crowd — and a man did something to her that was unthinkable when he shot her. I think it’s a disgrace. I’m going to look into that. I did not know that.”

'We’re prepared to fire back at them. We have guns drawn.'

While the legacy media have painted the veteran of 14 years in the U.S. Air Force and several years in the D.C. National Guard as a rioter and insurrectionist, ample video from the hallway where she was shot proves she tried to stop the violence that erupted.

Babbitt shouted at three Capitol Police officers standing outside the Speaker’s Lobby entrance to “call f**king help” as rioter Zachary Alam bashed out the windows leading into the Speaker’s Lobby.

Babbitt eventually put a stop to Alam’s rioting when she planted a left hook on his nose and knocked off his glasses. Seconds later, she tried to climb out a broken window just behind Alam and was immediately shot by Byrd.

Trump’s investigation into the Babbitt shooting will undoubtedly uncover video showing that Byrd didn’t follow through on the shooting by advancing on Babbitt’s position after she fell to determine whether she was an active threat. He fired from a hidden position into a crowd of dozens of people, including seven Capitol Police officers.

Byrd retreated into the seating area of Speaker’s Lobby and within a minute made a false broadcast on police radio claiming that he was under fire and was “prepared to fire back.”

“We got shots fired in the lobby. We got fot [sic], shots fired in the lobby of the House chamber,” Byrd said on Capitol Police radio. “Shots are being fired at us, and we’re prepared to fire back at them. We have guns drawn.”

Ashli Babbitt punches rioter Zachary Jordan Alam in the nose after he smashed out several windows in the entrance to the Speaker's Lobby at the U.S. Capitol on Jan. 6, 2021. Babbitt was fatally shot seconds later. Blaze News graphic from Sam Montoya photograph. Used with permission.

Aaron Babbitt’s lawsuit filed by Judicial Watch Inc. said that false broadcast delayed medical aid from reaching Ashli Babbitt and created a dangerous situation because incoming officers had no reason to believe this wasn’t still an active-shooter scenario.

“The facts speak truth. Ashli was ambushed when she was shot by Lt. Byrd,” the lawsuit said. “Multiple witnesses at the scene yelled, ‘You just murdered her.’ … Lt. Byrd was never charged or otherwise punished or disciplined for Ashli’s homicide.”

After Judicial Watch filed suit in San Diego, where Ashli Babbitt had lived, the DOJ sought and won a judge’s approval to transfer the case to the District of Columbia federal district court. Judicial Watch is attempting to get the case moved back to San Diego. The decision to move the case to D.C. was issued by a judge before Judicial Watch even had a chance to file opposition. A trial in the Babbitt case is set for July 2026.

President Trump will also likely learn about suspicious individuals in the crowd where Babbitt was shot who have still not been identified 50 months after the shooting. Two of the most prominent have been dubbed “Frick and Frack,” who were escorted out of the Capitol and secretly met with Capitol Police near the edge of Capitol property.

President Trump said his decision to issue pardons to more than 1,500 former Jan. 6 defendants was in large part due to the unfair treatment they received from the DOJ and federal courts.

“They were treated so unfairly, so horribly,” Trump said. “Some of them didn’t even go into the building, and the judges, the system, the hatred, the vitriol, the prosecutors — the way they wanted to just destroy these people.”

Trump described how many defendants went into court in hopes of defending themselves, only to emerge “devastated the way they were treated. Devastated, given years in prison.

“I took care of them,” the president said. “I said that I was going to, and I did.”

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