Lawfag, glad to pitch in . Let me know if I'm on your page.
The insurrection Act of 1807 provides for Presidential powers to use State Militias (NG?) to put down anyone interfering with law enforcement in a National Emergency.
50 U.S.C. § 212 is not on point but identifies a Proclamation required before taking action.
Judicial immunity would not exist for insurrection from the bench.
Because we are in uncharted territory, the Civil War era cases like Merryman and Milligan can only act as a guideline for opinion.
I have always thought we would be looking at a legal fight of many past cases. A hybrid legal argument I always call stacking up the cases to make a single case.
POTUS Article 2 powers permit him to call Congress to session AND Adjourn them until he sees fit.
Milligan tells us only Congress has the power to suspend Habeas. Milligan did not address the fact that Congress was often not in Session for long periods of time due to travel of Winter and such. Milligan also teaches us that the Military can hold defendants during rebellion until it is resolved where the civilian Courts could then hold trial for the traitors.
I have looked high and low for something that fits our exact situation and the best I can do to form an opinion is understand the spirit of the pre/during/post civil war era cases.
For the most part, it looks like the Supreme Court punted as often as they could so as not to be committing treason themselves.
I can dig in these areas if you agree with my thoughts, or I can go in a different direction if I am not understanding your needs. Lawfag jr