> Or is that comma before “militia” going to mean that the time of war phrase is on for people who in a militia?
Findlaw (usually reasonably accurate) claims that is the case
> The protection of indictment by grand jury extends to all persons except those serving in the armed forces. All persons in the regular armed forces are subject to court martial rather than grand jury indictment or trial by jury.33 The exception’s limiting words when in actual service in time of war or public danger apply only to members of the militia, not to members of the regular armed forces.
https://constitution.findlaw.com/amendment5/annotation01.htm...