Whether they should or shouldn't be is wholly irrelevant. We do have laws in this country, and our Armed Forces are compelled to follow those laws. 18 U.S.C. § 1651 demands that "robbery on the high sea" be punished as a criminal act, with a maximum punishment possible of life in prison.
Whoever, on the high seas, commits the crime of piracy as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life.
Doesn't look like maximum to me. Looks like life in prison is the only punishment.
I'll up the ante: 18 U.S.C. § 1657 -
Whoever consults, combines, confederates, or corresponds with any pirate or robber upon the seas, knowing him to be guilty of any piracy or robbery; ... Shall be fined under this title or imprisoned not more than three years, or both.
The FBI agents knowingly corresponded with pirates in violation of 18 U.S.C. § 1657. Are they in jail yet?