>referral to military tribunals which would require SCOTUS to find that "enemy combatants active during wartime"
The war began as soon as the intelligence attacks on Candidate Trump became attacks on President Trump, when they failed to cease on his swearing in as POTUS. This alone would likely have been enough to warrant quiet initiation of a Continuity of Government plan to protect POTUS and the Constitution. This would enable every legally confusing aspect of "the plan" as we can piece it together from the drops, to be in reality, true.
Recall the weeks leading up to January 6 2020 and the panic from Congress to prevent Trump's use of the military to retain office. Consider why DJT would hold a rally at the Capitol during Electoral count, which would result in Congress disappearing for 6 hours, and POTUS releasing the "Go home in peace" tweet, coinciding with what seemed to be a pre-recorded video with the same message to "the invaders" to "go home."
The "go home" message seemed to fulfill the final requirements of invoking the Insurrection Act, which would have legally enabled military action against civilians acting against POTUS and the Government.
Did Trump and certain Congressional members take some kind of unknown legal action in those missing hours in these crucial moments, creating a wild card in attempting to ascertain what has really transpired? Recall that Congress also needed free of the parasitic enemy, and so this scenario is a real possibility.
Recall that in the final week of the previous SCOTUS session, their calendar went dark, but the Justices still reported to the court. This "dark time" could explain "the stretch" of SCOTUS making rulings regarding actions to be taken during wartime on US soil against foreign enemies in these new and unique circumstances.
Ultimately, it's all "wait and see" because we have no way to know
-but it would be ridiculous if we did
…because then the enemy would too.