There would need to be a formal declaration of war for the army to have that level of jurisdiction. We are not formally at war. And as another anon supposed, enemy of the state is not a military enemy but a political enemy so that also precludes the army from having judiciary right to supplant the civil laws that protect private citizens. Without formal declaration of war, the army's rule of law would be an unconstitutional circumventing of a civilian's rights. It would be a military overthrow of the government and lead to civil war.