At issue is a $30 million wrongful death lawsuit against the government that hinges on claims and evidence that the shooter, a U.S. Capitol Police officer, was inadequately trained and had a record of disciplinary problems.

While Joe Biden was president, the Justice Department stood for Capitol Police Capt. Michael Byrd in the lawsuit.

After Trump’s inauguration last week, he pardoned the rioters, including those who were with Babbitt when she was shot and killed after being pushed into the Speaker’s Lobby behind the House floor.

That appears to put the Justice Department in a pickle: How does it turn away from its hundreds of cases and convictions but move forward in defending the shooting of Babbitt?

“I can’t imagine that President Trump would want to defend this for one minute,” said Tom Fitton, the president of Judicial Watch, which filed the lawsuit.

The White House and Justice Department have not said what they plan to do.

This week, a federal judge postponed a related hearing in the case until late February at the earliest. The full trial of the lawsuit is expected to begin next year.

While the Justice Department and the FBI conducted a four-year dragnet to identify and charge virtually anybody who was at the Capitol on Jan. 6, it did not target Byrd, who appeared in a doorway and shot the unarmed Babbitt, a 35-year-old Air Force veteran, without warning.

He was protected and promoted by the Capitol Police, which cleared him of any wrongdoing in an internal investigation.

That, however, has not stopped House Republicans from conducting their own investigation, and they have produced a long list of training and disciplinary problems that they want raised at a hearing on the case.

SEE THE LATEST POLITICAL NEWS AND BUZZ FROM WASHINGTON SECRETS

Rep. Marjorie Taylor Greene (R-GA) has called for Byrd to face murder charges. She is influential in Trump’s orbit and could affect how his administration addresses the lawsuit.

“I would hope that our new incoming attorney general, who I like a lot — I like Pam Bondi a lot — I hope that she looks into it and would consider murder charges, some sort of charges. At least,” Greene told Secrets.