[David Armstrong]

Which is why they have the .40 loaded to the same levels as the downloaded 10mm they issued.

Exactly. You're not thinking like attorneys or juries, which is the problem. "The FBI had to go to a weaker round, the 10 was so powerful."

Note that the FBI also no longer uses the .357 magnum or 9mm so are those rounds therefore invalidated?

Nope, as they have a long history of successful use by LE. The 10mm does not. Got to quit thinking like gunnies here and learn to think like attornies. Validated or invalidated is fairly irrelevant, normal/common versus unusual can become relevant, especially when the "unusual" can also be presented as more harmful.

and a defense attorney should have done his homework and had an FBI witness to testify as such so as to counter the allegations that the 10mm round was an excessive caliber for personal defense.

Doubt that it would matter. Hard to win an argument by saying "our agency got rid of it as a handgun because so many of our agents couldn't handle it."

I don't know upon what you base this statement, but my personal experience differs.

I base it on the facts. Very few agencies adopted the 10mm, fewer have stayed with it. Those are just facts.

you'd find that no one has suggested that the 10mm was excessive.

Mmm, maybe the FBI Firearms Training Unit?
{Dick Metcalf, 1999, discussing the 10mm} Although it was selected by the FBI for use in the field, their Firearms Training Unit "concluded that its recoil was excessive in terms of training for average agent/police officer competency of use and qualification," ....

Ridiculous, irrelevant, and one more indication that the judicial system is broken.

It's not broken at all, it is just that some know how to play it better than others, which is all the more reason for us to learn how to play it also.