The Department of Justice announced Wednesday that the officer who shot and killed Ashli Babbitt during the Capitol insurrection will not face criminal charges.

After the shooting on January 6, the U.S. Attorney’s Office for the District of Columbia’s Public Corruption and Civil Rights Section and the Civil Rights Division launched an investigation with the Metropolitan Police Department’s Internal Affairs Division.

There was no evidence from the investigation that showed the officer deprived Babbitt of her rights, the office found.

“In order to establish a violation of this statute, prosecutors must prove, beyond a reasonable doubt, that the officer acted willfully to deprive Ms. Babbitt of a right protected by the Constitution or other law, here the Fourth Amendment right not to be subjected to an unreasonable seizure,” said the DOJ statement. “Prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so ‘willfully,’ which the Supreme Court has interpreted to mean that the officer acted with a bad purpose to disregard the law.”

The officer, who has not been identified, believed it was necessary to fire at Babbitt to protect lawmakers and staff members who were exiting the Capitol during the riots.

Like many others at the riot, Babbitt, an avid follower of the QAnon conspiracy theory, was protesting on behalf of former President Donald Trump and his false claims that the election results were illegitimate.

“Nothing will stop us…. they can try and try and try but the storm is here and it is descending upon DC in less than 24 hours…. dark to light!” Babbitt tweeted the day before the rally, using QAnon slogans.

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