Oklahoma Sen. Markwayne Mullin, President Donald Trump’s pick to lead the Department of Homeland Security (DHS), is facing renewed scrutiny after a resurfaced video shows him defending Capitol Police Lt. Michael Byrd, the officer who fatally shot Ashli Babbitt during the January 6, 2021, breach of the U.S. Capitol.
The video, recorded in July 2021, shows Mullin describing how he approached Byrd shortly after the shooting, telling the officer, “Sir, you did what you had to do,” and offering a consoling hug. Mullin also said Byrd’s actions were necessary and likely saved lives.
Babbitt, a 35‑year-old Air Force veteran and Trump supporter, was unarmed when she attempted to climb through a broken window near the House Speaker’s Lobby.
Authorities later cleared Byrd of wrongdoing, citing the high-pressure circumstances officers faced while protecting lawmakers and staff.
Mullin’s defense aligns with long-standing GOP arguments that law enforcement officers confronted split-second, life-or-death decisions on Jan. 6.
At the time, several Republican lawmakers defended Byrd, emphasizing the difficulty of making instant judgments amid unprecedented chaos.
Critics, however, argue that Mullin’s embrace and defense of Byrd raise questions about his judgment as the potential head of DHS, which oversees federal law enforcement policy and national security, as highlighted by The Gateway Pundit.
Social media commentators and independent analysts suggested the video could undermine public confidence in his ability to hold federal agencies accountable and enforce standards of conduct.
In a wrongful-death lawsuit filed on behalf of Babbitt’s estate, Judicial Watch alleged Byrd shot her before assessing her intentions or identifying her as female.
In May 2025, the federal government agreed to a $5 million settlement with Babbitt’s family, avoiding a jury trial.
The complaint described Babbitt as unarmed, with her hands visible and empty, and accused Byrd of acting without determining the threat she posed.
Supporters of Mullin argue his comments demonstrate loyalty to law enforcement and compassion for officers facing extraordinary stress.
“Moral support in overwhelming circumstances is understandable,” one GOP commentator said, citing Mullin’s commitment to officer welfare and national security.
Mullin’s confirmation hearings are expected to address the resurfaced video, his views on the use of force, and his approach to federal law enforcement oversight.
Democrats are likely to question his judgment, while Republicans emphasize his dedication to law enforcement and alignment with MAGA priorities.
The nomination followed President Trump’s removal of former DHS Secretary Kristi Noem, clearing the way for Mullin, whom Trump described as a trusted ally focused on homeland security.
Observers say the controversy highlights broader debates about Jan. 6 accountability, federal law enforcement oversight, and the influence of partisan priorities on national security appointments.
Lawmakers and watchdog groups have increasingly scrutinized DHS nominees for past statements and affiliations, particularly when those officials will supervise the conduct of federal officers nationwide.
The resurfaced video may also prompt questions about Mullin’s approach to investigating potential misconduct within the Capitol Police and other agencies under DHS oversight.
How senators respond to Mullin’s defense of Byrd could significantly influence his confirmation and shape policies related to officer conduct, use-of-force protocols, and the balance between security and civil liberties.
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