Fox News host Tucker Carlson has accused the Justice Department of double standards after the decision not to charge the Capitol cop who fatally shot Ashli Babbitt on January 6, after it emerged that an InfoWars staffer who filmed the shooting was arrested just a day earlier.
Samuel Christopher Montoya, a Texas resident, was arrested at his San Marcos home on Tuesday, 24 hours before the DOJ said there was 'insufficient evidence' to charge the officer who killed Babbitt.
Montoya, a video editor for the right-wing fringe outlet InfoWars, was filming inside the U.S. Capitol on January 6 when a Capitol police officer fatally shot Babbitt, an unarmed Air Force veteran who was trying to climb through a smashed window into the Speaker's Lobby.
In a scathing monologue on Thursday, Carlson compared the handling of the case to other police shootings of unarmed suspects, accusing President Joe Biden's Justice Department of pursuing separate standards for political opponents.
'Two systems of justice -- one for the allies of the people in charge, and a very different one for their enemies,' Carlson said.
'If this happened in Ukraine, what are the chances NBC News would describe Samuel Montoya as a 'dissident journalist,' and then describe Ashli Babbitt an 'unarmed pro-democracy demonstrator'? The chances are roughly 100 percent,' he added.
Fox News host Tucker Carlson has accused the Justice Department of double standards after the decision not to charge the Capitol cop who fatally shot Ashli Babbitt
InfoWars staffer Samuel Montoya (left), who filmed Babbitt's shooting, was arrested one day before the Justice Department announced the officer who killed her would not be charged
A spokesperson for the Justice Department did not immediately respond to messages from DailyMail.com on Thursday morning.
In a statement to DailyMail.com, Babbitt family attorney Terrell Roberts said: 'The actual evidence is this: the officer shot an unarmed woman who was not an immediate threat to him or any Member of Congress.'
'That is inconsistent with any claim of self-defense or the defense of others, period,' he said.
'We strongly disagree with the U.S. Attorney's decision. But we are not dissuaded from our goal of ultimately vindicating Ashli Babbitt's constitutional rights in the civil arena,' Roberts said.
Montoya's arrest was made public on Wednesday, the same day that the the Justice Department announced the decision not to press charges in the case.
The name of the Capitol police officer who shot Babbitt has still not been released.
Montoya is charged with entering and remaining in a restricted building, disorderly and disruptive conduct in a Capitol Building, impeding passage through the Capitol Grounds or Buildings, and parading, demonstrating, or picketing in a Capitol Building.
According to an arrest warrant affidavit, a family member of Montoya tipped off the FBI that he was 'physically inside the U.S. Capitol near the shooting of a woman on January 6, 2021.'
A family member of Montoya tipped off the FBI that he was present at the Capitol riot. Above, an image from charging documents shows Montoya on January 6
Throughout the video, Montoya identified himself as a 'reporter' or 'journalist' as he attempted to work his way through crowds, but the FBI said he had no press credentials
Infowars said: 'Montoya was reporting live on the ground freely exercising his First Amendment right to document the events of that day in a journalistic capacity'
FBI investigators reviewed a video posted by InfoWars titled 'Patriots Storm Congress Raw Footage Includes Execution of Ashli Babbitt' in which the narrator identifies himself as 'Sam with Infowars.com,' according to the affidavit.
'It feels good to be in the Capitol baby!' the man filming the video said at one point, turning the camera toward himself and displaying a gleeful expression. The FBI showed this image to Montoya's family member, who positively identified him, the affidavit said.
'We're gonna crawl, we're gonna climb. We're gonna do whatever it takes, we're gonna do whatever it takes to MAGA,' Montoya said at another point in the video, according to the FBI.
'Look at this, look at this. I don't even know what's going on right now. I don't wanna get shot, I'll be honest, but I don't wanna lose my country. And that's more important to me than—than getting shot,' he continued.
'I'm sure these officers are scared, but we're here, we're here to just show that we've had enough. We've had enough,' he said at another point.
Throughout the video, Montoya identified himself as a 'reporter' or 'journalist' as he attempted to work his way through crowds.
However the FBI said that 'The director of the Congressional press galleries within the Senate Press office did a name check on Samuel Christopher Montoya and confirmed that no one by that name has Congressional press credentials as an individual or via any other organizations.'
In a staff-bylined article on Montoya's arrest, Infowars said: 'Montoya was reporting live on the ground freely exercising his First Amendment right to document the events of that day in a journalistic capacity.'
Officers were later seen tending to the bleeding woman on the floor of the Capitol building before she was taken to hospital where she succumbed to her injuries later that day
While in the Speaker's Lobby, the Capitol Police officer, who was not been identified, fired a single round from his service weapon, striking Babbitt in the shoulder, prosecutors said
Carlson sneered at the FBI's reasoning, saying: 'So that's the standard. If the U.S. Congress's credentialing office says that you're not a journalist, you're not a journalist.'
'Did Samuel Montoya have strong personal political views? Apparently he did. But you may have noticed that's not so unusual in journalism right now,' Carlson added.
Babbitt, 35, was an Air Force veteran and ardent supporter of former Republican President Donald Trump who participated in the mob that stormed the Capitol on January 6.
Her shooting was captured on video and posted widely on social media. In it, she can be seen climbing through a doorway with a smashed window, when a Capitol Police officer on the other side fires his gun.
The investigation into Babbitt's death focused on whether the officer had deprived her of her constitutional Fourth Amendment right not to be subjected to an unreasonable seizure.
To prove such a case in court, the department would have needed to show not only that the officer used constitutionally unreasonable force, but that he did so "willfully."
In a statement on Wednesday, the Justice Department said: 'the investigation revealed no evidence to establish that, at the time the officer fired a single shot Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in the defense of the Members of Congress and others evacuating the House Chamber.”
'This double-negative is an odd way of explaining the basis for not bringing charges,' said Terrell, the Babbitt family attorney. 'It plainly glosses over the obvious problem of squaring the decision not to prosecute with the known facts.'
Prosecutors have filed charges so far against more than 400 defendants in the Capitol riots, with some facing allegations they conspired to storm the building in advance.