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Stressing here that I'm not an expert...
I'd think it would be different because "in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger" the trial is normally forgone for courts martial or discipline/punishment decided by the appropriate commanding officer. These sorts of things are covered by the UCMJ. Given that the UCMJ doesn't apply to American citizens, I can't think of why it would apply to foreign citizens who aren't part of a military organization. After all, we've been told time and again that these guys can't be treated like POWs because they aren't part of a foreign military.
In the case of executive tribunals, I think we're missing a couple of elements - most notably any sort of motion towards a tribunal. I'm treading softly here because me not knowing of something isn't the same as it not existing. I haven't seen anything to suggest that there is a plan beyond keeping people at Gitmo indefinitely. The whole issue of having council seems moot if there won't be a chance to respond to charges made.
Can you clarify?
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Cogito ergo spud -- I think, therefore I yam
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