I think this is one of those hazy areas of the law where a U.S. court can't really make a solid decision one way or another. The biggest question involves exactly what kind of jurisdiction a U.S. court has to prosecute cases for incidents that occur outside the U.S. Who actually arrested these pirates? Was this a military operation? Were they read their Miranda rights? Do they even have any rights under the U.S. Constitution if they are foreign nationals accused of crimes that are committed thousands of miles away?
It gets complicated pretty quickly in a case like this.
I don’t think it’s complicated, they had every right to Kill them on the spot when they fired on a Military Vessel, They could lock them up in gitmo, try them as enemy combatants. There is no Constitutional Authority to put them on trial as civilians in the US, but they will do it anyway, it’s not like anyone will stop them. besides I thought the suggestions in the US Constitution were irrelevant to our Public Masters.