The top bad actors will be arrested by the military and face military tribunals for treason. The USA is already in a national emergency, so military law is essentially in effect, but Martial law doesn't necessarily have to be declared, since that's just to keep law and order among the people when required. Under military law, there is no due process. There are no trials. They present the evidence and a jury decides on the punishment. This is why evidence is being collected first. All of what Trump is doing is by the book. He has experienced military people in his inner circle for a reason. There's no way he's going to allow himself to make a mistake by overstepping the law.