I can’t speak for an actual legal strategy, but it seems to me that we’re looking at a form of civil disobedience aimed at defending the Constitution from a domestic threat (an illegal CinC). Is this deployment not part of Obama’s Afghanistan surge ... to me, there would be ways to connect these dots and justify civil disobedience.
You can characterize this as civil disobedience. And what people are missing is that civil disobedience doesn’t have some magic strategy up its sleeve to escape or overcome the law; it subjects itself to it the law in the hopes that the absurdity and injustice of that outcome creates a reaction advocating its change.