Can someone describe how the SCOTUS could be asked to step in and affirm that this practice is not permitted? The Justice department goons who came up with this poop should be fired, stripped of their pensions, and locked up.
I'm not a constitutional lawyer, but I suspect that there would first need to be a ruling that the FedGov and DoD does not have sovereign immunity in such cases.
Following that, civil suits can be filed for wrongful death and violation of civil rights. [I am using the Kent State student killings/conflict as a rough guide where such suits were filed by the parents and ACLU.] In this case, these are Tort civil cases rather than criminal prosecution. As for a criminal prosecution, I think only the Executive branch or Congress itself can force such action against the Office of the President and DoD.
At the highest level, I don't think the SC can't impeach the president or cabinet members in order to force criminal prosecution of subordinates, only Congress can do this. Neither Rs nor Ds are interested in anything of the sort.