The headline is styled as a question because as of the moment I am writing this story, there is no clear answer to the question Carlson posed during his broadcast on Tuesday.
I suspect the subject made it onto his radar based on this video by a prominent right-wing Trump supporter and noted online agitator who attended the January 6 protest, but who was not arrested and never went to the Capitol. But his presence at the protest march was widely reported by the media.
VIDEO PROOF THAT I AM ON A NO-FLY LIST: pic.twitter.com/TajBPNroH3
— Nicholas J. Fuentes (@NickJFuentes) April 27, 2021
According to other tweets in Fuentes’ timeline, he was at O’Hare Airport earlier today, attempting to board a flight on United Airlines. When he was denied boarding, he attempted to board a flight on American Airlines — and was denied boarding there as well.
He then went to Midway Airport and tried — unsuccessfully — to board a Southwest Airlines flight.
He states that he was unable to book a flight or obtain a boarding pass at the kiosk, and was directed by an electronic message to see a Customer Service Representative for the airline. He claims that he eventually learned that the airlines contacted TSA, and they were advised that he could not board a flight.
According to another Tweet on Fuentes’ timeline, he had an encounter with an airline for not wearing what the airline considered a proper mask on December 4, 2020. But Fuentes claimed that he took eight flights between December 4 and January 7, suggesting that the December 4 episode did not seem to hinder his travel prior to the January 6 protests.
Don’t mistake my questioning what might be happening to Fuentes with an endorsement of everything Fuentes has said and done while advocating his particular brand of political views.
But Fuentes has not been arrested or charged with any crime. He is under no court order or otherwise subject to judicial supervision.
If Fuentes has been placed on the “No Fly List” by federal law enforcement based on his expressed political views, then he has been deprived of “liberty” without “due process” in violation of the Fifth Amendment of the Constitution.
Due process requires “notice and opportunity to be heard” before the government can take steps to interfere with your constitutional rights. “Liberty” is the interest to go about your everyday life and conduct your personal affairs in the manner you see fit so long as you violate no law in doing so.
The right to freely travel in and among the 50 states of the United States is a fundamental liberty interest that has been explicitly recognized by the Supreme Court even though there is no mention of it in the Constitution.
The “No Fly List” is a creation of the “Terrorist Screening Center,” which is part of the organizational structure of the FBI, but is itself a multi-agency organization comprised of members from the Departments of Justice, Homeland Security, Treasury, and Defense, as well as the US Postal Service.
If the Biden Administration has now gone even further in the vilification of citizens who attended the January 6 protests by placing specific individuals under government surveillance and taking affirmative action to inhibit their ability to travel freely in this manner, that is a dramatic escalation of what can only be called political persecution of the Administration’s political opponents.