Civilians charged with federal crimes must be charged by federal indictment by a grand jury as the US Constitution Bill of Rights requires.
The United States code passed by Congress dictates what laws are prosecutable in the courts of the United States. A civilian who is not a member of the US military and does not fall within the UCMJ according to federal law is entitled to be tried in the US District Court . It is unlawful to attempt to try a civilian on a federal crime except as provided by law .
Charging civilians by military tribunalsWho are not eligible for trial as an unlawful combatant thus violates the US Code and the US Constitution.