The potential settlement, if approved, would resolve a wrongful-death lawsuit filed by Babbitt’s relatives against the government in January 2024.

This possible settlement has been under discussion since President Trump returned to office, although final agreements have not yet been reached. At a Federal District Court hearing in Washington earlier this month, neither the Justice Department nor the family’s attorneys disclosed the settlement amount. Initially, Babbitt’s family had sought $30 million in damages.

The $5 million payout, while still pending, stands out as an extraordinary concession from the Justice Department, which has prosecuted almost 1,600 individuals in connection with the Capitol riot. This gesture aligns with the vocal support former President Trump has extended to the January 6 participants. On his first day back in office, Trump notably granted clemency to many involved in the riot.

Ashli Babbitt, who strongly supported Trump and the QAnon conspiracy theory, was shot by Capitol Police officer Michael Byrd as she and others tried to breach the Speaker’s Lobby near the House floor. Following a three-month investigation, officers chose not to charge Byrd with any crime.

Trump has indicated that Babbitt's family might not be the only beneficiaries of these considerations. In a March interview with Newsmax, he discussed potentially creating a compensation fund for pardoned rioters, recognizing the financial and personal losses they encountered due to legal prosecutions. Furthermore, Trump’s legal team is reportedly preparing to sue the government, claiming mistreatment of the rioters by federal agencies.

Although no such lawsuit has been filed yet, it could potentially mirror the outcomes of the negotiations between the Justice Department and Babbitt’s family, spotlighting the contentious and ongoing aftermath of the January 6 Capitol riot.