Using Tor isn't a crime, but the NSA targets people who use or even search about Tor or VPN services for collection through the XKEYSCORE program. So his post is exactly right - using Tor does "put you on a list", but that alone isn't sufficient to be arrested. The NSA documents further state that Tor is relatively difficult to attack and the best they can do is deanonymize a small (and importantly, random) fraction of users some of the time.
I'm familiar with that theory, but do you have any data to support it? For example, maybe they will find another reason to arrest you; maybe they will cite your Tor usage to the judge, jury and public as evidence of your criminal nature.
http://www.wired.co.uk/news/archive/2014-07/04/nsa-targeting...