“It is not as if the FBI actually thinks Saadiq is a threat. If it did – and it had actual evidence – the FBI would simply arrest him. As they surely recall, they let him fly just a few months ago. It turns out, though, the only reason for doing so is because it is, in the FBI’s view, slightly more indefensible to prevent an American citizen from flying home than it is to prevent him from flying abroad.
“And because we told the FBI ahead of time when Saadiq would be flying, hardly the behavior of a criminal, they could have stuck an air marshal right next to him. They could have subjected his person and luggage to extra scrutiny. But the FBI does not do these things because the No Fly List is not used to protect aircraft. This watchlist – and the many others like it – is a means by which the FBI metes out extra-judicial punishment.”