Report: New Revelation About Ashli Babbitt's Killer - Was on Secret DC Blacklist

The revelations surrounding Michael Byrd, the U.S. Capitol Police officer who fatally shot Ashli Babbitt during the Jan. 6, 2021, Capitol breach, continue to pile up.

In November, Just the News disclosed that Byrd had an extensive disciplinary record with multiple infractions during his tenure with the Capitol Police. Then, in December, two additional sources reported that Byrd was included on a “Brady list” or “Lewis list”—registries of officers deemed untrustworthy to testify in court by prosecutors.

This development was initially highlighted by Paul Sperry of RealClearInvestigations on Dec. 6 via a post on X. Sperry stated that Byrd “had so many misconduct infractions that he was placed on a secret blacklist known as ‘the Lewis list’ maintained by the U.S. Attorney in D.C. Officers on the list cannot testify in trials.”

It’s important to note that while the existence of such lists isn’t secret, their contents typically are. In 2020, Vice magazine reported on the “Lewis list” in the context of Freedom of Information Act requests aimed at uncovering who was on it.

Nationwide, these lists are commonly referred to as “Brady lists,” stemming from the 1963 Supreme Court case Brady v. Maryland. The ruling required prosecutors to disclose any evidence that could exonerate a defendant. Over time, law enforcement and prosecutors recognized that officers with extensive misconduct records could jeopardize cases, as their histories would have to be disclosed to the defense.

Byrd’s disciplinary history was particularly troubling.

According to Just the News, “The issues in Captain Michael Byrd’s background included a failed shotgun qualification test, a failed FBI background check for a weapon’s purchase, a 33-day suspension for a lost weapon, and referral to Maryland state prosecutors for firing his gun at a stolen car fleeing his neighborhood.”

These findings were part of a broader investigation by the House Administration Oversight Subcommittee into the Capitol Police disciplinary process. In a letter to Capitol Police Chief Thomas Manger, Rep. Barry Loudermilk (R-Ga.) expressed concern about Byrd’s promotion to captain despite his record.

“’This Subcommittee is dedicated to ensuring USCP has autonomy from political pressures, so it can make operational and personnel decisions,’ Loudermilk wrote. ‘However, based on the information obtained by the Subcommittee regarding USCP’s handling of Captain Byrd following January 6, 2021, and his significant disciplinary history, I have concerns about USCP’s decision to promote him to the rank of Captain.’”

Byrd’s infractions date back to 2004, when he reportedly gave conflicting statements to authorities after firing at a stolen car while off-duty. In 2019, he was referred to the Office of Professional Responsibility for leaving a loaded service weapon in a Capitol Visitor Center bathroom.

Sperry’s post also raised questions about the exact nature of the “Lewis list.” A Freedom of Information Act request defined it as “a database maintained by the U.S. Attorney’s Office for the District of Columbia that refers, among other things, to allegations of misconduct against D.C. Metropolitan Police Department officers.” However, Byrd was not part of the Metropolitan Police Department, raising doubts about the list’s applicability.

Shortly after Sperry’s post, The Blaze published an exclusive report claiming Byrd had abandoned his Capitol post for a card game and later lied about it to investigators.

Even more damning are reports of internal messages from Thomas A. “Tad” DiBiase, general counsel for the Capitol Police, confirming Byrd’s inclusion on the “Lewis list.”

Following the events of Jan. 6, records obtained by the House Administration Oversight Subcommittee revealed that top House Democrats collaborated with DiBiase to provide financial and housing assistance to Byrd for his protection.

One email from DiBiase noted, “We believe it would be very difficult for him to obtain [a top-secret clearance], [given] that he has had significant financial issues in the past and is currently on the USCP Lewis List.”

Ultimately, the “Brady list” or “Lewis list,” regardless of terminology, underscores Byrd’s controversial history. Despite a trail of misconduct spanning two decades, Byrd advanced in rank and continues to be upheld as a hero by some, while Babbitt is vilified as reckless.

Given everything now known about Byrd, the Capitol Police, and the broader handling of the Jan. 6 events, serious questions remain about the reliability of government narratives surrounding that day.