but it would. Caught in the cockpit of a N reg without an EASA license and EASA would be able to prosecute
And maybe thats the way to go for a challenge in the courts??? let them?
Based on the fact that purely on your colour or creed that you are not allowed to fly this aircraft! Unless you hold licences which have no relevance and are not themselves legal to use to fly an FAA reg jet. Other pilots of other nations are not expected to comply hence discrimination.
Your Honour purely based on this guys race we demand he holds a Marine boat handling licence to fly a N reg jet which he holds full licences to fly and is approved to fly by the controlling country. Our licences are totally illegal used on this aircraft and have no bearing to that aircraft but we expect him to have them anyway although they dont mean a thing on N reg and might as well be Marine boat handling licences for what they are worth! But we consider our licences to be superior although we have to admit that statistics dont back that up. Infact private op FAA corporate jet aircraft have a better safety record than our own controlled AOC aircraft 
I am not as convinced as some of us that this latest attempt isnt as legally flawed as previous attempts but if it ever hits the light of day it needs to be challenged but preferably before it hits the light of day.
Pace