“Perhaps the Generals and the legal minds they consulted are just wrong on the legality.”
Expand your thinking.
Maybe we’re looking at this through the wrong frame of reference. We’ve considered to death the legality of military tribunals on civilians. But what would the legalities be if we were under Martial Law?
And, does the current status of “national emergency” provide for ‘martial law’ on an ad hoc declaration basis?
IOW, since we are in an national emergency, can GEOTUS declare martial law with the stroke of a pen?