Southack, there is more than one type of military tribunal.
The tribunal in Nuremburg did not suffer from the same types of constitutional defects as typified in Bush's latest EO.
First, the Nuremburg trials were military tribunals. Second, the right to file for habeas corpus was not available to those being tried at Nuremburg, but those being tried in today's military tribunals could certainly have their attorneys file for habeas corpus with the U.S. Supreme Court.
Finally, President Bush's latest EO has no Constitutional defects. Per our Constitution, our President has 100% authority over ALL aspects of all military affairs.