"Aaron Bobbitt’s attorney, Terrell Roberts, stated the problem with the lawsuit is that Capitol Police are not subject to the law regarding the Freedom of Information Act (FOIA).
“The complication here is that the Capitol Police are not subject to FOIA. However, they used the Metropolitan Police Department of the District of Columbia to conduct their investigation,” Roberts explained. “In other words, the United States Attorney’s Office did a criminal investigation and relied upon the Metropolitan Police Department to conduct their factual investigation. And so now that they’ve decided against bringing charges I am going to seek any kind of records that they may have collected in their investigation, including any records which identify the officer.”
The Department of Justice (DOJ) decided not to press charges against the Capitol Police officer who shot the unarmed Babbitt as she was attempting to climb through a broken window to get into the House speaker’s lobby, stating, “Based on that investigation, officials determined that there is insufficient evidence to support a criminal prosecution.”
Roberts alleges that the officer who killed Babbitt didn’t give her a verbal warning before fatally shooting her with one shot to the neck."