The Supreme Court explained all this in 1942.
The Court in California dismissed the case for lack of Jurisdiction. It was appealed but the appeal court has not ruled yet.
I guess we will see who is right when it gets back to the Supreme Court to rule on the same issues. The last time it was 8 - 0.
It's my hope that the President will solve this by mending the order to include Americans. If the Military is good enough to try member of the Amred Forces it sure is good enough to try Terrorists.! The heck with the ACLU and its types.