The Military Commissions Act of 2006 attempted to legalize the Bush administration practice of detaining accused terrorists at Guantanamo without charge or due process, as you well know. The Supreme Court declared this unconstitutional in 2008, but new detainees are being held in Afghanistan under similar conditions.  The Justice Department recently argued in favor of this policy, so antithetical to American ideas of "justice for all," despite President Obama's earlier repudiation. Now a federal judge has rejected the Bush/Obama administration position, stating that the rationale of the Supreme Court applies as much to Afghanistan as it does to Guantanamo.