"The only way the public can be mislead, is if they do not know the difference between "military courts" and true constitutional courts. The only true constitutional courts are the state Supreme Courts and the Supreme Court of the U.S. The federal courts are "inferior" courts pertaining to equity, and commerce. Little is dealt with on civil matters and if so, are done with discretion." - goldilucky.
The EO references Section 836, Title 10 of the Federal Code. Congress wrote this law that establishes procedures for the conduct of military courts martial and tribunals. This section gives the President discretion to adapt these procedures as necessary. IOW, the Constitution gave Congress the power to establish "inferior courts". Congress specfically established military courts martial and tribunals as "inferior courts". As for USSC finding these tribunals un-Constitutional, you might wish to review Quirin. Once again the facts are against you.
That is title 10 Sec. 836 of the U.S.C. re military tribunals? If so, I'll look into that.
Thanks for the Quirin case.