That wasn't BHO's decision... the Navy should have blown the raft out of the water when the captain jumped the first time. The reason they didn't was because BHO's "order" was to fire only if the captain's life was in danger. The Navy finally got tired of waiting and acted on their own. Had they blow the raft out when they had their chance, there would be 4 dead pirates and we wouldn't have to spend millions of tax payers dollars on a rediculous trial for the captured pirate.