Thursday, August 13, 2015

DOJ and FBI Admit No-Fly Lists Use "Predictive Assessments" – Not Hard Evidence

The Obama administration’s no-fly lists and broader watchlisting 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 U.S. Justice Department and the FBI conceded that stopping U.S. 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 May 28. “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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