FBI agent Sam Hicks was killed this week when he and other police officers tried to serve a warrant at 6 am on the husband of Christina Korbe. Korbe says she thought criminal intruders were trying to break into her house. She called 911 and retrieved her handgun. Hicks was shot shortly after he entered the house.

This will provide an early test for the incoming Obama administration. Will it matter what Korbe really thought under those circumstances? Or will Obama and incoming attorney general Eric Holder simply cave into the pressure to line up behind the police agents and throw the book at Korbe no matter what?

For related Cato work, go here.