The thing you have to realize is that no court in this land can say, "You should put this guy on trial before a military tribunal."
The way it works:
You do something the military considers treason.
The military grabs you as an enemy combatant. If you immediately surrender, you might be brought in as a prisoner of war.
You are put on trial before a military tribunal.
At BEST, you can hope to have Habeas corpus such that, say, SCOTUS says, "We'd like to hear the case, deliver the prisoner". But those rights don't exist for someone who is a military prisoner.
President does not preside or administer tribunals.
But the idea was to do military tribunal through insurrection act after showing the courts to be fraudulent
Ok I see, thanks
The thing you have to realize is that no court in this land can say, "You should put this guy on trial before a military tribunal."
The way it works:
At BEST, you can hope to have Habeas corpus such that, say, SCOTUS says, "We'd like to hear the case, deliver the prisoner". But those rights don't exist for someone who is a military prisoner.