Congressional investigations don't have teeth, but they do refer cases to the DOJ (Executive Branch) for prosecutions, and those cases are tried in the courts, or dismissed, by the Judicial Branch systems.
When do military tribunals become a necessity? When the civil justice system has become dysfunctional.
Who would be the deciding entity on the dysfunctional state of our civil court system. It wouldn't be the Judicial Branch, which is the court system. It wouldn't be the Executive Branch, for which the DOJ/FBI are the chief law enforcement arm.
I think it would be the Legislative Branch, which rightly has oversight over both the Judicial and Executive branches, and are obligated to respond to the complaints of "We The People" over the injustices we have observed and endured from this two-tiered system.
Great comments! Maybe it’s time to review this document, which I have handy on my desktop. And this doesn’t even go into detail about people working with foreign governments to take down the US government by trying to illegally remove a duly elected president and/or subvert an election, or treason. That would bring us to military tribunals and Gitmo.
https://policy.defense.gov/portals/11/documents/hdasa/references/insurrection_act.pdf
Insurrection Act
10 U.S.C. §§ 331-335
Sec. 331. Federal aid for State governments
Whenever there is an insurrections in any State against its government, the President
may, upon the request of its legislature or of its governor if the legislature cannot be
convened, call into Federal service such of the militia of the other States, in the number
requested by that State, and use such of the armed forces, as he considers necessary to
suppress the insurrection.
Sec. 332. Use of militia and armed forces to enforce Federal authority
Whenever the President considers that unlawful obstructions, combinations, or
assemblages, or rebellion against the authority of the United States, make it impracticable
to enforce the laws of the United States in any State by the ordinary course of judicial
proceedings, he may call into Federal service such of the militia of any State, and use
such of the armed forces, as he considers necessary to enforce those laws or to suppress
the rebellion.
Sec. 333. Interference with State and Federal law
The President, by using the militia or the armed forces, or both, or by any other means,
shall take such measures as he considers necessary to suppress, in a State, any
insurrection, domestic violence, unlawful combination, or conspiracy, if it—
(1) so hinders the execution of the laws of that State, and of the United States
within the State, that any part or class of its people is deprived of a right, privilege,
immunity, or protection named in the Constitution and secured by law, and the
constituted authorities of that State are unable, fail, or refuse to protect that right,
privilege, or immunity, or to give that protection; or
(2) opposes or obstructs the execution of the laws of the United States or impedes
the course of justice under those laws.
In any situation covered by clause (1), the State shall be considered to have denied the
equal protection of the laws secured by the Constitution.
Sec. 334. Proclamation to disperse
Whenever the President considers it necessary to use the militia or the armed forces under
this chapter, he shall, by proclamation, immediately order the insurgents or those
obstructing the enforcement of the laws to disperse and retire peaceably to their abodes
within a limited time.
Sec. 335. Guam and Virgin Islands included as “State”
For purposes of this chapter, the term “State” includes Guam and the Virgin Islands.
https://law.justia.com/codes/us/1999/title18/parti/chap115/sec2383
SUBVERSIVE ACTIVITIES
Sec. 2383 - Rebellion or insurrection
§2383. Rebellion or insurrection
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.