But the President can declare a person an enemy combstant, or have them arrested in the name of national security, and their private records are now inadmissible.
> Testimony or private records of the President or his advisers probing such conduct may not be admitted as evidence at trial. Pp. 30-32.
Trump's influencers work around that in a different way: by singling out individuals for military tribunals[1], he is not using the pardon power to deprive them of due process, or excuse someone else from doing so. The military tribunal deprives them of due process. But trying a civilian in a military tribunal is only constitutional if a civilian court is unavailable, which happens out of convenience in places like Guantanemo Bay.
This is clearly an unlawful act that all military members are obligated not to obey.