I make this affidavit in support of an application for a complaint and arrest warrant for Asher Abid Khan (“Khan”), a 20-year old Houston area resident, who conspired to provide himself and his friend, S.R.G. (“S.R.G.”), as fighters for a designated foreign terrorist organization, namely the Islamic State in the Levant (“ISIL”), with known aliases: Islamic State of Iraq and al-Sham, the Islamic State of lraq and Syria, ad-Dawla al-Islamiyya fial-’lraq wa-sh-Sham, Daesh, and Dawla al Islamiya. Based on my training and experience, and the facts as set forth in this affidavit, there is probable cause to believe that Khan committed a violation of 18 U.S.C. § 2339B (Conspiracy to Provide Material Support and Resources to a Foreign Terrorist Organization). On October 15, 2004, the United States Secretary of State designated Al-Qa’ida in Iraq (“AQI”) as a Foreign Terrorist Organization (“FTO”). On May 15, 2014, the Secretary of State amended the designation of AQI as a FTO to add the alias Islamic State of Iraq and the Levant (“ISIL”) as its primary name.

The Secretary also added the following aliases to the ISIL listing: the Islamic State of Iraq and al-Sham (“ISIS”), the Islamic State of Iraq and Syria (“ISIS”), ad-Dawla al-Islamiyya fl al-’lraq wa-sh-Sham, Daesh, Dawla al Islamiya, and A1-Furqan Establishment for Media Production. Although the group has never called itself “Al-Qaeda in Iraq,” this name has frequently been used to describe it through its history. In an audio recording publicly released on June 29, 2014, ISIL announced a formal change of ISIL’s name to Islamic State (“IS”). To date, ISIL remains a designated FTO.

Facts

This is an investigation of two Texas-based friends, S.R.G. and Khan, both of whom attempted to travel to Syria to join ISIL. S.R.G. eventually made it to Syria and ISIL with the assistance of Khan, and an Unnamed Co-Conspirator (“CC-1”), a Turkishbased foreign terrorist fighter facilitator discovered initially by Khan, and others. And, while Khan made it to Turkey in the same quest, he decided to immediately return home to Texas because of information he received from his family regarding his mother’s health. S.R.G. and Khan’s ISIL-related plans and actions, CC-1’s involvement, and the knowledge of S.R.G. and Khan’s friends and associates are captured in their electronic communications with each other, including on social media platforms like Facebook....

1. Based on a review of the elements of conspiracy, has Khan committed conspiracy? Has S.R.G. (CC-1)? Has Individual 1?

Back up your answer with details from the Facebook evidence.

2. Do you believe that Khan intended to provide material support to ISIL? Did S.R.G.? Did Individual 1? Back up your answer with details from the Facebook evidence.

3. Assuming Khan, S.R.G., and Individual 1 are guilty, what punishment would you impose? Under present law, the charges could result in 15 years imprisonment and a $250,000 fine. Is this too harsh? Too lenient? Just about right? Defend your answer.

4. How serious a threat to our national security, do you believe social networking like that in this case is? Explain your answer.