"the very fact that President Bush has seen need to issue an EO to make military tribunals for accused terrorists happen, is an acknowledgement that those rights exists for foreign nationals in the US...otherwise, why issue the EO? " The EO doesn't change any law, or create or deny any rights- that would be illegal.
It provides a mechanism and definition for implementation of current law.
( My comment is not to the point of your basic argument, but needed to be said IMHO.)
Thanks for the clarification. Point made.