This stuff is not unprecedented. Good read.

Precedents for Military Tribunals Date to 1846

Washington Times

Saturday, December 29, 2001

(interesting history of US Military Tribunals)

"The question of military tribunals lay in obscurity for the next seven and a half decades, all but disappearing from the American scene. It probably would have remained so had the issue not been resurrected during World War II. In the summer of 1942, eight German agents (enemy belligerents) were landed secretly along the coast of the United States; four on Long Island, N.Y., and four along the coast of Florida. Within two weeks, all eight would-be saboteurs had been arrested by the FBI and brought to Washington.

President Franklin D. Roosevelt quickly issued a presidential order calling for the establishment of a military tribunal, denying the accused access to the civil courts and charging them with violations of the laws of war. Roosevelt's proclamation was strikingly reminiscent of Andrew Johnson's proclamation of nearly 80 years earlier. Defense attorneys for the eight prisoners petitioned the Supreme Court on a writ of habeas corpus and challenged the jurisdiction of the military tribunal, citing ex parte Milligan as their defense.

As in 1865, at the time of the Lincoln conspiracy trial, the climate clearly was against the defendants. The nation was engaged in a war whose outcome was not clear. The summer of 1942 was not a time of optimism for America or the military."

more

"One thing is certain, however: Such debate will hark back to previous military tribunals and the Supreme Court decisions that defined their jurisdiction as well as the president's authority to invoke them."

https://www.washingtontimes.com/news/2001/dec/29/20011229-034340-4595r/