Since the Military Commissions Act of 2006 (MCA), part of which (the denial of habeas corpus) has already been held to be unconstitutional and all of which was opposed by then-Sen. Obama, is now in play again, its other constitutional infirmities will now come under scrutiny. These are the salient ones: (a) the MCA permits hearsay testimony, which SCOTUS will not permit as a basis for a conviction; (b) the MCA permits evidence obtained under torture, which numerous federal laws and the Constitution prohibit; (c) under the MCA, if the Secretary of Defense does not approve of any decision of the presiding judge, he can replace the judge as frequently as he wishes; (e) since SCOTUS has held that the Geneva Conventions apply to the detainees, any prosecution BY THE MILITARY is unconstitutional, thus, only a criminal prosecution in a federal court will be lawful.

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