I'm sure the Bush administration has followed the law as much as they need to but my problem is why did this issue have to be presented as an EO?
Also telling is the following:
The term "individual subject to this order" shall mean any individual who is not a United States citizen with respect to whom I determine from time to time in writing that:
Don't you think that that is a bit of a stretch of separation of powers?
(a) The term "individual subject to this order" shall mean any individual who is not a United States citizen with respect to whom I determine from time to time in writing that:
(1) there is reason to believe that such individual, at the relevant times,
(i) is or was a member of the organization known as al Qaida;
He is not saying that he is going to change the term "non citizen" just that from time to time he will determine that he will put into writing individual names of Non citizens that meet the two conditions.