[Aldebert]

Though I am not an admiralty lawyer, I note the following:

United States Code § 1651. Piracy under law of nations

“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.”

[tobyhill]

Doesn't count if he wasn't read his rights. Since Obama suspended the military tribunals the only option is for a civilian trial in which this surviving pirate is granted Constitutional Rights.