No-fly list uses ‘predictive assessments’ instead of hard evidence, US admits

In May filing, Justice Department and FBI officials admit stopping US and other citizens from traveling is based on what the government believes they might do.

The Guardian, By Spencer Ackerman, August 10

New York – The Obama administration’s no-fly lists and broader watch-listing system is based on predicting crimes rather than relying on records of demonstrated offenses, the government has been forced to admit in court.

In a little-noticed filing before an Oregon federal judge, the US Justice Department and the FBI conceded that stopping US and other citizens from traveling on airplanes is a matter of “predictive assessments about potential threats”, the government asserted in May.

“By its very nature, identifying individuals who ‘may be a threat to civil aviation or national security’ is a predictive judgment intended to prevent future acts of terrorism in an uncertain context,” Justice Department officials Benjamin C Mizer and Anthony J Coppolino told the court on 28 May.

“Judgments concerning such potential threats to aviation and national security call upon the unique prerogatives of the Executive in assessing such threats.”

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