Judicial Watch explained, "The shooting occurred at the east entrance to the speaker's lobby. After demonstrators filled the hallway outside the lobby, two individuals in the crowded, tightly packed hallway struck and dislodged the glass panels in the lobby doors and the right door sidelight. Lt. Byrd, who is a United States Capitol Police commander and was the incident commander for the House on January 6, 2021, shot Ashli on sight as she raised herself into the opening of the right door sidelight. Lt. Byrd later confessed that he shot Ashli before seeing her hands assessing her intentions or even identifying her as female. Ashli was unarmed. Her hands were up in the air, empty, and in plain view of Lt. Byrd and other officers in the lobby."

The order for the government to respond was from Judge Ana Reyes in Washington.

Her order also noted Judicial Watch can file a reply brief by August 23 in its petition to have the case returned to Babbitt's home in San Diego where it was originally filed.

The 35-year-old Babbitt owned and operated a successful pool business with her husband, Aaron.

She traveled alone from San Diego to Washington to attend a "Women for America First" rally on that day.

The lawsuit was filed earlier this year, and it cites a long list of prior incidents involving Byrd, the Capitol Police, and others.

A list of parties, including Congress, "knew or should have known that Lt. Byrd was prone to behave in a dangerous or otherwise incompetent manner."

Another hearing is set for Sept. 20.

Tom Fitton, of Judicial Watch, said, "Ashli Babbitt's family is thrilled the $30 million wrongful death lawsuit for her outrageous killing is moving full speed ahead."

After she was shot, the FBI opened a criminal investigation of Babbitt, and at the same authorities refused to prosecute Byrd for the shooting.