I presume this "evidence" is used for a parallel construction: https://en.wikipedia.org/wiki/Parallel_construction
And there we plunge off the cliff into another un-American idea: the government can allow petitions for redress of being put on a "No Fly" or "Search Real Good" list, but it can't act on them: both method of determining reason, and the evidence of reason for being on the list don't hold up to reason. The government might allow petition for redress, but it can't effectively redress that greivance. Completely un-American.