Kathryn, Andy, et al: this very question came up during last month’s House Armed Services hearing on piracy. The interesting thing is that the State Department seems to get it, whereas Justice remeains clueless.

Gene Taylor (D, Miss): Is the State Department entitled to say that an attack upon an American vessel will be considered an attack upon America, and that no matter who apprehends the pirates, we will try them and, if convicted, we will detain them in American prisons? Do you have the legal authority to say that at this time?
Amb. Mull: Our basis for pronouncing on any kind of piracy is really based on recognized international law of the high seas. A piracy attack is a crime — we wouldn’t really consider it an attack on the United States –
Taylor: It’s always been my understanding that an American-flagged vessel is a piece of America. So would that not be a crime on America?
Mull: Yes, it very much would be.
Taylor: Okay, so let’s follow up, them. To what extent is our State Department putting out the word that an attack on an American-flagged vessel would be treated as an attack on America, and that no matter which country apprehends the criminals, that we would expect them to be turned over to a United States court of justice, tried in American court, and if convicted, detained in an American facility? I think that would be a really strong message. And if you don’t have the legal authority to do that, I’d like to give you the legal authority, so let’s get that clarified right now.
Mull: The decision to prosecute really rests with the American law-enforcement community — the Justice Department or the respective U.S. Attorney…As part of our international engagement, we have been very much seeking Justice Department authority to say that to our international partners, that we’re eager to prosecute people.

At least it appears that Eric Holder’s “deer in the headlights” answer is probably not the final word. Seriously: “I’m not sure exactly what would happen next,” said the man responsible for making the next thing happen.