We can consider it ( or some act ) unethical, and cast around for court rulings to give form and authority to our indignation .
But that aside, it was constitutional, (e.g Supreme court siding with the U.S government in the case of German prisoners held by American Military in China , Johnson v. Eisentrager, and constitutional in the lower courts rulings that supported cases derived under the Military Commissions Act of 2006 , which was passed to answer constitution violation problems after the government lost in Rasul v. Bush ,
then unconstitutional, in the latest case I cited Boumediene v. Bush
But, I guess, Obamas Military Commissions Act of 2009 , so far , anyway answered the supreme courts problems we're back to constitutional.
So, no downrights
Shades of grey