06/11/1942
https://www.presidency.ucsb.edu...
"The Department of War."
"The Commission shall have power to and shall, as occasion requires, make such rules for the conduct of the proceedings, consistent with the powers of Military Commissions under the Articles of War, as..."
"If personnel having the requisite qualifications are not available, or if the Secretary of State determines that the Government of the United States is unable for any reason to comply with the request..."
"all enemies who have entered upon the territory of the United States should be promptly tried in accordance with the Law of War"