A Biden Justice Department court filing last week suggests that Jan. 6 protester Ashli Babbitt, who was shot and killed by a Capitol Police officer during the riot, was responsible for other deaths linked to the incident.

The legal watchdog group suing the federal government for the “wrongful” death of Babbitt has accused the Biden administration of behaving “as if” she was responsible for other deaths linked to the election riots, the Washington Examiner reported.

In a recent court filing, Washington-based Judicial Watch stated that the Justice Department has responded to its $30 million lawsuit by criticizing Babbitt, a 35-year-old Air Force veteran who was killed as she attempted to enter the House Speaker’s Lobby, just feet from the House floor, during the January 6, 2021, riot.

Judicial Watch stated that in attempting to transfer the case from Babbitt’s residence in San Diego, California, to Washington, D.C., the Justice Department is seeking a more favorable court and jury and aims to link her to the government’s assertion that 140 police officers were injured in the clashes and three later died as a result of their involvement.

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In a 20-page filing, Judicial Watch wrote:

“Defendant’s position [to transfer venue] illustrates and underscores the prejudice and injustice that Plaintiffs would face if venue were transferred to the District of Columbia. Defendant mentions 80 Capitol Police officers and 60 Metropolitan Police officers that were injured and connects the deaths of three officers to the events on that day, thus connecting Ashli Babbitt to these deaths and other injuries, as if she caused them.

The request for a change in venue is clearly influenced by defendant’s strongest motivation for changing venue, which is to select the forum where it feels it would receive a favorable process and outcome based on adversity against January 6 participants.

By its motion, defendant hopes to unfairly and unjustly connect Ashli Babbitt to violence, injuries, and deaths for which she is blameless and connect her by association to thousands of individuals convicted of misdemeanors and felonies for which she was never charged and is unable to present a defense due to the lawless actions of one of defendant’s employees in shooting and killing her.”

Judicial Watch argued two points in seeking to keep the case anchored in San Diego, where Babbitt lived.

“First, it said that the law should favor those filing suits and not bow to claims of inconvenience made by Justice,” the Examiner reported, citing the filing.

“Second, it said that Washington judges and juries are biased against anybody involved in the riots. Several key defense lawyers have made similar claims. And Judicial Watch quoted a Washington federal judge in other cases who said the killing of unarmed Babbitt was justified,” the outlet added.

Judicial Watch President Tom Fitton noted on the X platform: “It’s no secret that the District of Columbia is a hostile forum for January 6 defendants. It’s also prejudicially biased against Ashli Babbitt. For example, during a recent sentencing hearing in the District of Columbia in United States v. Daniel Goodwyn … District Judge Reggie B. Walton made the following statement to the defendant and his counsel regarding the shooting of Ashli Babbitt.”

Walton, a sitting federal judge who was recently critical of former President Donald Trump during a CNN segment, said in court: “You should not have been – you cannot convince me that somehow what she was doing was somehow justified and the police did not have a justification for taking the actions that they took. You can’t convince me of that.”

“Judge Walton’s statement evidences he has already predetermined a crucial issue in this case – whether Ashli Babbitt’s killing was justified,” Fitton added in his post.

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