The purpose of the executive order wasn't to actually have military trials; note that Zacharias Moussaoui is to be tried in a civilian court. Its purpose, which it has beautifully served, is to start a debate about military tribunals, as a way of making Democrats, liberals, and academics, who stubbornly insisted on supporting the Administration's anti-Qaeda policies, take a stand against them, thus allowing the Bush team to question their patriotism.