... soldiers (and police) have no right to self-defense:
“So the government’s view is that if a police officer misunderstands the law and is conducting an interrogation with a weapon, than the police officer has no right to defend himself if the person being interrogated then jumps the officer,” the judge asked. “He has to just sit there and take whatever happens?”
The government lawyer hesitated for several seconds and then said, “Yes, your honor. When a police officer does something unlawful like that, they lose the right to self-defense.”This is truly telling, and I don't think they want to establish that precedent (even though it's already nominally around). There are all kinds of instances where police officers do things unlawfully - wouldn't want the proles to think they can just start shooting, now do we?!