Norks, we may be still at war with, that would have to be decided as a legal matter. Iran, Al Qaeda and ISIS, islamic radical terrorists, so covered under the 9/11 authorization. As to Iran, might need some interpretation by the court, it is a sovereign nation and there is no war specifically on against them. China, there is no war on. DiFiChiSpy is a traitor but not an enemy combatant. That’s my view.
So you’re basically saying that if there is no legally declared war, including the “War on Terror”, then an actor, whether US citizen or foreign national, who acts against the interests of US national security, canhot be tried in a military tribunal, no matter how egregious the crimes committed.
I personally do not have the brain, knowledge or education to know. Just trying to figure out from what others know.