I agree with you on the secret list thing. It is plainly anti liberty, big gubmint BS. My point is that if they have that secret list anyways, they should have used it in this case. It just does not get much more clear cut than a guy walking into the local FBI office and telling them that he has to fight for ISIS. I cannot think of a reason for them failing to put this guy on that list. It is not as if they did not list him because they care about freedom/constitutional rights. The FBI and most other feds simply do not care about any of that as demonstrated by their actions in recent years.
Understand- it’s kind of like, “well, since you stole that item, you may as well use it....”.