U.S. Capitol police say January 6 rioting against Ashli ​​Babbitt was “lawful.”

“The USCP Office of Professional Responsibility (USP) determined that the officer’s conduct was lawful and within the Department’s policy, which states that an officer can only use lethal force when the officer reasonably believes that the action is in defense of human life, including the agent’s own life, “or in defense of anyone in immediate danger of serious physical injury,” the department said in a statement.

The officer will not be appointed, the department said, out of consideration for the officer’s safety.

“This officer and the officer’s family have been the subject of numerous credible and specific threats,” the department lamented.

The announcement comes about four months after the Justice Department announced that federal prosecutors would not file charges against the officer for the murder.

CNN has contacted a lawyer for Babbitt’s family to comment.

Babbitt’s deadly shooting occurred when a crowd pushed toward a door (barricaded by chairs and guarded by Capitol police) that was the entrance to the Capitol speaker’s lobby. Babbitt received medical attention immediately and was taken to a hospital, where she was pronounced dead.

U.S. Capitol police said Monday that the officer’s actions “potentially saved members and staff from serious injuries and the possible death of a large crowd of riots that forced their way into the U.S. Capitol. United States”.

In April, the Justice Department said it had authorized the agent and closed the investigation, adding that there was “insufficient evidence” to support the prosecution.

“The investigation did not reveal any evidence to show that, at the time the officer fired a single shot at Mrs Babbitt, the officer did not reasonably believe it was necessary to do so in self-defense or in defense of the members. of Congress and others evacuating the House of Commons, “the DOJ said in a statement at the time.

Terry Roberts, a Maryland lawyer detained by Babbitt’s family, previously told CNN he intended to file a civil rights lawsuit alleging he was the victim of excessive force.

This story has been updated with additional details.

CNN Marshall Cohen and Scott Glover contributed to this report.

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