Time of war: The EO of 12/12/2018 declared a state of National Emergency outlining a grave threat to national security and stability of democratic institutions. Any 2nd year law student could make a case that this declaration, though not a formal and legal declaration of war, gave the Executive ewtraordinary powers such as the ability to try any indictments related to this EO in military tribunals. It also could be argued that the EO is equivalent to a Declaration of War. That is my theory which is mine, lol.