Appendix I

Case 3:17-cv-02692-M Document 10 Filed 01/11118 Page 1 of 107 PagelD 110
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS
BRUCE JOINER, )
)
Plaintiff, )
)
V. )
) Case No. 3: 17-cv-02692
UNITED STATES OF AMERICA, )
)
Defendant. )
)
APPENDIX IN SUPPORT OF DEFENDANT UNITED STATES OF AMERICA'S

MEMORANDUM IN SUPPORT OF MOTION TO DISMISS FOR
LACK OF SUBJECT MATTER JURISDICTION OR,
IN THE ALTER
o No NATIV
-A.1 - "E, FAILURFTO STATE A CLAIM
I
Exhibit Pages
Exhibit A- FBI Hare Affidavit Appx. 001-036
Exhibit B- Declaration of Matthew J. Desarno Appx. 037-057
Exhibit C- Order from United States v. Kareem.
2:15-CR-707 (B. Ariz.) ('Dkt. #469) .....Appx. 058-069
Exhibit D- Media Articles Appx. 070-105
Date: January II, 2018 Respectfully submitted,
CHAD READLER
Principal Deputy Assistant Attorney General
JAMES G. TOUFIEY. JR.

Director, Torts Branch
Civil Division
RUPERT M. MITSCI1
Assistant Director, Torts Branch
Civil Division
Defendant United States' Appendix In Support of Motion to Dismiss- 1

Case 3:17-cv-02692-M Document 10 Filed 01/11/18 Page 2 of 107 PagelD 111
..i1.MacW*111iams
/s.1...P.h
PHILIP D. MACWILLIAMS
Trial Attorney
E-mail: phi Lmacwilliamsiusdo.go
U.S. Department of Justice
Civil Division. Torts Branch
1331 Pennsylvania Ave.. NW
Room #080N
Washington. DC 20004
Telephone: (202) 6164285
Facsimile: (202) 616-5200
Attorneys for the United States of America
CERTIFICATE OF SERVICE
I hereby certify that on January 11, 2018, 1 caused to be served upon the following
counsel a true and correct copy of the United States' Motion to Dismiss for Lack of Subject
Matter Jurisdiction or, In the Alternative, Failure to State a Claim, the Memorandum In Support,
and the Appendix via ECF filing:
Trenton Roberts
Roberts & Willie, PLLC
2000 S. Dairy Ashford, Suite 390
Houston, Texas 77077
Phone: (832) 328-7345
Email: trenton@robertsandwilije,com
Attorney for Plaintiff
/s/ Phil MacWilliams

PHILIP Ii MACWILLIAMS
Defendant United States' Appendix In Support of Motion to Dismiss- 2

Exhibit A
FBI Hare Affidavit
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AFFIDAVIT IN SUPPORT OF AN APPLICATION

FOR A CRIMINAL COMPLAINT AND ARREST WARRANT
I, Shawn Scott Hare, being first duly sworn, hereby depose and state as follows:
INTRODUCTION AND AGENT BACKGROUND
1. 1 am a Special Agent with the Federal Bureau of Investigation (the "FBI"), having
entered on duty on November 1, 2014, and, as such, am an investigative or law enforcement
officer of the United States within the meaning of Rule 41(a) of the Federal Rules of Criminal
Procedure. I am engaged in the enforcement of criminal laws and am within the category of
officers authorized by the Attorney General to request and execute arrest and search warrants.
2. 1 have investigated national security cases involving individuals seeking to travel
overseas to commit violent jihad, as well as individuals involved in using the Internet and social
media applications in support of terrorist activities and/or organizations. Additionally, I have
completed FBI administered counterterrorism classroom and online training, at the FBI
Academy, and other FBI facilities.
3. The facts in this affidavit come from my personal observations, my training and
49
experience, and information obtained from other agents and witnesses. This affidavit is intended
to show merely that there is sufficient probable cause to support the criminal complaint and does
not purport to set forth all of the knowledge of or investigation into this matter. Unless
specifically indicated otherwise, all conversations and statements described in this affidavit are
related in substance and in part only, in reliance on draft verbatim transcripts that have not yet
been finalized but I believe are accurate in their representation of the substance or the
conversations and statements. All dates are on or about the specified date
APP'X 002
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PIA
4. Based on my training and experience as a Special Agent with the FBI, as well as
the facts as set forth in this affidavit, there is probable cause to believe that between on or about
March 1,2015, and on or about May 31, 2015, Erick Jamal Hendricks conspired to provide
material support to a foreign terrorist organization, the Islamic State of Iraq and the Levant
(15117) in violation of Title 18, United States Code, Section 2339B(a)(1). Specifically,
Hendricks conspired to provide material support or resources, as that term is defined in 18
U.S.C. § 2339(a), including personnel and services, to ISIL and has performed overt acts in the
Northern District of Ohio in furtherance of the conspiracy, including recruiting who were then
located in the Northern District of Ohio.
5. This Court is advised that there are items within the Probable Cause section of
this Affidavit that have been translated from Arabic into English In each instance, the
preliminary translations were completed by a qualified FBI Linguist for the purpose of
accurately representing the statements made by Hendricks. Moreover, for ease of review, the
translated material will be limited to that which is enclosed within brackets at the end of each
numbered paragraph. Where there are multiple instances of a particular term or phrase, Affiant
will only include a translation for the initial occurrence.
. PRORABLE ~COSE
Yale 18, (fulled Slates code, Section 2339B (a) (1)

6. Title 18, United States Code, Section 2339B(aXl) states.: "Whoever knowingly
provides material support or resourcesto a foreign terrorist organization, or attempts or conspires
to do so, shall be fined under this title or imprisoned... To violate this parati .ph, a person
must have knowledge that the organization is a designated terrorist organization (as defined in
2
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subsection (g)(6)), that the organization has engaged or engages in terrorist activity (as defined in
Section 212(a)(3)(B) of the Immigration and Nationality Act), or that the organization has
engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989)."
Designation ofISIL as a Foreign Terrorist Orgaiiization
7. On or about October 15, 2004, the United States Secretary of State designated al-
0
Qa"ida in Iraq ("AQV'), then known as Jam'at al Tawhid wa'aWihad, as a Foreign Terrorist
Organization ("FTU) under Section 219 of the Immigration and Nationality Act and as a
Specially Designated Global Terrorist under Section 1(b) of Executive Order 13224.
8. On or about May 15, 2014, the Secretary of State amended the designation of al-
Qa'ida in Iraq ('"AQ1") as an FF0 under Section 219 of the Immigration and Nationality Act and
as a Specially Designated Global Terrorist entity under Section 1(b) of Executive Order 13224 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-l)awla al-Islamiyya Ii al-'Iraq wa-sh--
Sham, Daesh, Dawla al lslamiya, and Al-Fuiqan Establishment for Media Production. On
September 21, 2015, the Secretary added the following aliases to the ISIL listing Islamic State,
ISIL, and ISIS. Although the group has never called itself"Al-Qaeda in Iraq," this name ha
frequently been used to describe it through its history. To date, ISIL remains a designated FTO.
In an audio recording publicly released on or about June 29, 2014, ISIL announced a formal
change of ISIL's name to Islamic State ("IS").
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9. Beginning in 2014, using social media, ISIL has called for attacks against citizens
civilian and military of countries participating in the United States led coalition against ISIL.
For instance, on September 21, 2014, ISIL released a speech of Abu Muhammad Al-Adnani, a
senior leader and official spokesman of ISIL. In this speech, entitled, "Indeed Your Lord is Ever
Watchful," AlAdnani calls on Muslims who support ISIL from around the world to "defend the
Islamic State" and to "rise and defend your state from your place where you may be." More
recently, using social media, ISIL has been encouraging individuals to kill specific persons
V ithin the United States.
Arrest and Initial Interview of CW4

10. In or around June 2015, an identified individual, hereinafter referred to as "CW
1" was arrested in by the Federal Bureau of Investigation (hereafter referred to as the "FBI") in
the Northern District of Ohio on charges relating to attempting to provide material support to a
designated terrorist organization, being a felon In possession of a firearm, and marijuana
distribution.' The charges against CW.l related to CW-l's attempt to support ISIL by producing
propaganda videos to support ISIL efforts to recruit new members. CW1 was arrested while
completing the purchase of an AK-47 assault rifle and ammunition from an undercover law
enforcement officer. CW1 also pledged his allegiance to ISIL in social media, frequently made
comments indicating his support for ISIL in social media, and made statements expressing an
interest in conducting attacks in the United States.
'CWl eventually pled guilty to Attempting to Provide Material Support to a Designated Terrorist Organization and
two counts of being a Felon in Possession of a Firearm.
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cti999f 49t
11. Agents learned through the investigation of CW1 that Hendricks had contacted
CW4 to recruit him in the spring of 2015. CW-1 is a resident of the Northern District of Ohio,
and was physically located in the Northern District of Ohio during the time that Hendricks
recruited CW1
12. Immediately after his arrest, FBI agents interviewed CW1.2 During that
interview, CW.1 was asked about other ISIL supporters with whom CW.1 had communicated
that expressed any interest in committing attacks. Specifically, CWl was asked about the May
3, 2015 terrorist attack in Garland, Texas:
FBI: Yeah, how about, uh, the stuff that happened in Garland? Anybody
talking about that?
CW1: Oh, yeah, Pm sorry, yes, ok. Garland, Texas. Fuck. I didn't know about
Garland before it happened but a brother had contacted me. The one
brother from [Social Media Application #41. 1 think I met him. I don't.
His name on [Social Media Application 114] was Abu Barb. I had only
talked to him twice.
When asked again for the individual's name, CWl repeated, "Abu Barb."
13. CW. 1 provided more details during this initial interview about his
communications with "Abu Barb," including that "Abu Barb" said he was in Dallas and that the
"Islamic State had brothers in Mexico," CW1 also explained, "He (Abu Barb] said you know,
we need people, you know, we need to meet, try, you know what I mean? Well, he said he need
brothers upon the same thought pattern, right?" CW1 also said that he had told "Abu Barb"
2CW.l has an extensive criminal history in addition to the federal convictions, including at Least four felony
convictions for drug trafficking or abuse and at Least three felony convictions for tile 1 weapons possession
APP'X 006
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where he was located: "I think I said, uh first, I think I said Indiana one time or Ohio one time or
some other stuff You know what I mean? Sometimes I say Cleveland but..." Regarding the
Garland attack again, CW4 explained, "He didn't say anything about Garland, Texas though he
said he was in Texas. He said we have people in Mexico." CWl said that "Mu Herb" told him
he would contact him again in two to th= months, and that they would have to meet face to
face. "Abu Harb" also admonished CW4 for selling marjjuana
14. CWl further explained why "Abu Herb" had contacted him: "Uli, he said,!
believe that he said he found me from when I was on [Social Media Application #1]. When I
was on [Social Media Application #iJ and he private messaged me and he said, hey akhi
[brother] I been looking for you cuz I see. I would go on (Social Media Application #11 and say
crazy stult Americans fight jihad and Muslims and all this other stuff; right? And I was trying
to kind of put a flag up."
15. After the arrest and initial interview of CWl, agents obtained a search warrant in
the Northern District of Ohio for the contents of CW1 's Social Media Application #1 account
The results showed that CW4 's Social Media Application #1 account had been contacted on or
about M:h 25, 2015, by accountrem
16. At the onset of their communications" ii" directed CW4 to choose
an account name within Social Media Application #4 that would not attract the attention of law
enforcement, stating "Make up a new usernan.c (nothing islamic)...." In response, CWi
provided "shamjeascn" with a newly created Social Media Application #4 account name that
referred to CWl 's former legal name and did not contain any Islamic references as CW-1 ha-ad
-d-
been instructed. User walked CWI through the process of signing into Social
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Media Application #4 and finding "@sharn reason's" account on Social Media Application #4.
The communication between CWl and "@sham reason" on Social Media Application ill then
stopped for a period of approximately two hours and eleven minutes, before resuming.
17. When the conversation between CWl and Vsham....reasore' resumed on Social
Media Application #1, it was apparent that they had been communicating in private on Social
Medial Application #4, as directed by "®sham reason." In the renewed conversation on Social
Media Application. #1, "@sham reason" wrote, "As I stated, I'm glad that we spoke privately for
the interview for my article... Journalists and bloggers are under scrutiny too.. Even though
we don't break any laws.,, Thank you again?' in respo c, CW4 provided "@5Mm reason"
With a greeting and then stated,"... no thank you for the opportunity."
18. During a later interview with law enforcement described in detail below, CWl
stated to FBI agents that CW4 and Hendricks used this exchange about an interview for an
article as a ruse in an attempt to avoid detection from law enforcement. According to CWl,
there was no interview for an article. CW..i identified this "change on Social Media
Application #1 as the exchange in which he met "Abu Barb," as he had described in his initial
interview. According to CW.1, "Abu Har&' was the same person who used the
"®sham reason" in this exchange on Social Media Application #1.
Additional interviews of CW4
19. After the initial interview of CWl, and the review of the material obtained by the
search warrant on CWl 's Social Media Application ifl account, CW4 was interviewed multiple
APP'X 008
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times in the presence of his counsel.' During these interviews, CW4 provided further
information about his communications with Hendricks.
20. According to CW-1, within Social Media Applications #3 and/or #4, Hendricks
identified himself as "Abu Harb," "Abu Harb Now," or a close variation thereof. Hendricks
claimed that he was located in Texas and was a "recruiter?' Based upon online content posted by
CW'1, online content posted by Hendricks, and the emergence of ISIL during this time period,
CWl believed that Hendricks was a recruiter for ISIL based in the United States.
21. Hendricks informed CWl that he "needed people" and that he wanted to meet
CW4 in. person. CW4 provided Hendricks with CW4's location, after which Hendricks stated
that he 2was able to travel and would meet with CW1 in a couple months. Hendricks also stated
that there were several "brothers" located in Texas and Mexico, that he was attempting to "get
brothers to meet face to face," and that he wanted "to get brothers to train together." Thereafter,
Hendricks inquired if CWl was willing to travel to Texas, to which CW4 responded that CW1
was not able to travel at that particular time.
22. Hendricks asked if CW1 owned., or had access to, weapons and had any military
trainig. CW4 informed Hendricks that CW4 did not have any niilitary training, but did own a
pistol. In response, Hendricks responded that "everyone has to get together," "we need more than
you," and inquired if CW1 had any "brothers" located near him. Based on their
At the time of the interviews. CWl had not entered into a plea agreement with the government; however, these
interviews were conducted as part of the negotiations over the resolution of the charges against CWi. CW4
eventually entered into a plea agreement with the government that contained a cooperation agreement in which the
government agreed to move for a reduced sentence for CWl at sentencing.
APP'X 009
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ie1D U: iu
communications up until that point, CWl understood these statements by Hendricks to mean
that he was recruiting individuals to train together for the purpose of conducting a terrorist attack
in the United States.
23. CVJ.1 stated that Hendricks tested his religious knowledge and commitment to
jihad Hendricks also inquired about CW4's willingness to commit 'jihad," to die as a
"martyr," and CW4 's desire to enter '4jannah." (The term 'lannab" translates to "'paradise."'
Again, based upon the context of their conversations, CWl believed Hendricks asked these
questions to determine if CW-1 was suitable for recruitment to participate in a terrorist attack in
the United States.
24. CW-1 stated that he was directed by Hendricks to provide information pertaining
to other "brothers" for recruitment In response to Hendricks' direction, CW-1 provided
Hendricks with the social media profile information for an individual CWI was communicating
with online. Unbeknownst to CWl, that individual was a confidential informant, hereafter
"CHS214" whom CW-1 believed to be an online ISIL sympathizer located in Maryland. CW4
noted that Hendricks instructed CWl not to provide Hendricks' contact information to CHS2
or anyone else,
25. CW-1 stated to the FBI that CW4 believed that Hendricks and the "brothers
located in Texas and Mexico" Hendricks told CW-I about may have been responsible for the
Garland, Texas attack on or about May 3, 2015. As a result, because CW4 had communicated
4CHS-2 is a paid confidential informant, having worked with the FBI for four (4) years. Al! information provided
by CHS 2 to date has been deemed to be truthful and accurate, with no known reliability issues CHS-2 has no
known criminal history. This notwithstandmg, the information contained within this Affidavit from the activities of
CHS-2 has been corroborated by the FBI.
9
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with Hendricks about "jihad" and then provided Hendricks with information about CHS2 (as a
potential recruit), CWl decided to stay away from social media for a period following the attack
to minimize detection from law enforcement.
Corroboration of CW4 's communications will: Hendricks

26. There is corroboration for CW4's communications with Hendricks. As described
above, the records obtained pursuant to the search warrant on CW4 's Social Media
Application
#1 account showed the initial communications in which Hendricks made contact with CWl and
directed him to communicate using another social media application. These records then show a
gap in time in which it appears that CW-1 and Hendricks were communicating on the more
secure social media application.
27. Communications between CWl and CHS2 also corroborated the
communications with Hendricks. On or about April 6, 2015, CW-1 contacted CHS2 within
Social Media Application #3 and stated that CWl had been communicating with an ISIL
member in Texas. CW.-1 told CHS..2, "Now Ls. Is here." CWl further explained, "In Texas I
believe." CW4 informed CHS2 that this individual directed CW4 to "put bros in contact with
him." CW-i also confirmed that this "brother" initially contacted him on Social Media
Application fl, asked CW-1 to travel, emphasized the importance of meeting in person, and
reminded CW4 that "the punishment for telling on a muslim is death." CW..I also said that after
learning that CW-1 sold marijuana, this individual advised that a "Mujahid doesn't do this."
CW1 told CHS2 that CWl was going to do what the individual told him to do
10
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28. During this conversation CWl also explained that there should be no talking on
less secure social media applications such as Social Media Application #1. Prior to this
communication,. CWl and CHS2 exclusively used other social media applications to Include
Social Media Application #1. From this date forward after this communication, CWl and CHS
2 rarely used any social media applications other than Social Media Application #3. These
communications with CHS2 were consistent with CW4's descriptions of his co ricatlo
with Hendricks, specifically that Hendricks had requested the contact information for others who
could be recruited; that CW4 pro CHS2's contact information to Hendricks in response;
that Hendricks had asked CWl to travel and to meet him; that Hendricks had directed the use of
more secure social media applications to communicate; and that Hendricks had admonished CW
I for selling marijuana.
29. CW4 's social media communications also corroborate the statement that CW-1
was worried about law enforcement and decided to stay away from social media following the
Garland, Texas attack because of concerns about communicating with someone (Hendricks) who
CW4 thought was involved in that attack. On or about May 9, 2015, CW1 sent CHS2 a
ressage through Social Media Application #3. In his :e., CW4 stated, "I'll be offline for
a couple months ahk" (The term "ahk" is a shortened version of"ahki," which translates to
"brother.")
30. Communications between Hendricks and an undercover FBI employee C`UCE- I
also corroborate CWl 'a description of his communications with Hendricks. As described
below, the questions asked and directions given by Hendricks when communicating with CW.4
were similar to those described in Hendricks' communications with UCE4. Further, during his
11
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communications with UC&i on or about April 25, 2015, Hendricks referred to an "Ohio
brother" he had been speaking to who had a "weed problem he was trying to kick?' Based on
CWl's location in Ohio and statement that Hendricks had admonished CW4 for selling
marijuana, your Aftiant believes that Hendricks was referring to CW4 in this communication.
communications between Hendricks and Others
31. After analyzing the above referenced information provided by CWi, FBI agents
confirmed that CW-i had been in communications with Hendricks during approximately the
same time period that Hendricks was in communication with an undercover FBI employee
(UCE-1) and several confidential human sources (CHS-1. CHS3, and CHS4), as described
below. The UCE1 and these CUSs had also been communicating with Hendricks regarding the
recruitment of members for a cell to support ISIL in the United States. During the majority of
the communications between UCE4 and Hendricks, UCE4 was physically located within the
Northern District of Ohio. During these communications, Hendricks frequently changed the user
names of the accounts he used to communicate as a security precaution. However, based on the
continuity of the conversations, the context of the communications in relationship to other known
communications of Hendricks, similarities in the usernames, and the use of a code developed
between Hendricks and UCE-1 to ident ch other, all of the communications below were
determined to be from Hendricks.
12
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32. On or about March 19, 2015, Hendricks and an identified individual, hereinafter
"Individual 1," met with CHS4' and another identified individual, hereinafter "Individual 2," in
Baltimore, Maryland During this meeting, Hendricks, known as "Mustafa" to CHS-1, directed
the attendees to remove their cell phone batteries. According to CHS1, Hendricks claimed to
have land in Arkansas where he planned to "get off the grid" and prepare for an eventual violent
confrontation with law enforcement. CHSI stated Hendricks and his wife directed CHS4 to
recruit like-minded individuals for the group. During this meeting, Hendricks also requested that
CHS4 introduce him (Hendricks) online to the user of a Social Media Application #1 profile,
known to the FBI to be a member of ISIL located overseas! Based upon these interactions,
CHSI believed Hendricks was recruiting CHSi and others to organize on behalf of ISIL.
33. On or about March 24, 2015, UCl-1 initiated contact with Hendricks' Social
Media Application #3 account "shamreason" after observing that Hendricks' Social Media
Application #1 account @shamjeason* was in contact with another identified ISIL supporter.
During their initial communication, as with CW.1, Hendricks tested UCE4's religious
knowledge and requested UCE1's Social Media Application #1 account, so he could evaluate
'CHS-1 is a paid confidential Informant, having worked for the FBI for one and a half years. All information
provided by CH$4 to date has been deemed to be tnithfuL and accurate, with no known reliability issues. CHSI
does have a criminal history resulting from fraud/forgery related offenses. CHS-1 has not received any sentencing
benefits from the FBI resulting from bis!iier criminal activity. The information contained within this Affidavit from
the activities of CHSl was corroborated by the FBI.
'This meeting was not audio or video recorded.
'The Social Media Application #1 account of this individual is known by the FBI to have been referenced by Elton
Simpson, one otdie attackers killed while conducting the Garland, Texas attack on May 3, 2015
'This is the same Social Media Application #1 account, used by Hendricks, that conlBctcd CW.4 on March 25,
2015.
13
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UCEl's credibility. Hendricks explained that his questioning of UCEl and review of his/her
profile were security precautions. According to Hendricks, if he (Hendricks) determined that
UCE4 satisfied his (Hendricks') security concerns, UCE4 would be permitted to move to the
"next level."
34. On or about April 8, 2015, UCE4 was contacted by Social Media Application
#3 account "lovethehaqq." Based on UCEl's communications with Hendricks when he used
Social Media Application #3 account "shamreason" on or about March 24, 2015, UCE4
determined that "tovethehaqq" and "shamreason" were used by the same person—Hendricks.
Hendricks and UCEl conducted a brief conversation, during which UCE-1 disclosed that he/she
had been a Muslim for "almost 2 years." Hendricks then contacted UCE1 using Social Media
Application #3 account "cantdeny." Hendricks directed UC&4 to transfer their communications
to Social Media Application #2 due to privacy concerns, stating "There is an app called [Social
Media Application #2] that if you get the chance to research it... But you must get (Social
Media Application #21... Give me your (Social Media Application #2 user name)." Despite
this direction, Hendricks continued their communication within Social Media Application #3,
emphasizing to UCE-i the need for securit)9 and the need for UCE-1 to recruit additional men
and women. Hendricks explained that he and others have "land," they are "building" for the
'Hendricks repeatedly discussed the importance of living "off the grit" Hendricks defined 'off the grid" meaning
"your location and who you are unknown? He further defined "on the grid as providing personal information such
as "your legal name, legal address, bills, etc," Hendricks cautioned UCEl that if'he/she provided his/her personal
information and/or used "remote" devices, then "there is a high possible you're being monitored." Hendricks closed
by staling, "True anonymity is being off the grid?
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sake of the group and that he wanted to put UCE.1 in contact with a "brother" for UC&1 to
evaluate for potential recruitment.
35. Also on April 8, 2015, Hendricks provided UCE4 with ideas to detect the
presence of governmental surveillance. Hendricks offered several suggestions: give
"misinformation to elude something that is about to go down and/or something valuable or
someone will meet you at a place... Survalence the area or spot to see if it's tampered or
tracked;" "Rent a storage. Plant cameras inside pretend there is some kind of sensitive thing in
there... Survalence the camera to see if it's tampered or you caught someone in there.,. If so,
then you're being watched and your is blown etc;" and "pretend to meet people and see who else
."
shows... This is cheaper lot.., Counter survalence
36. During this conversation on April 8, 2015, Hendricks made several statements to
UCE-I that indicated he was in possession of firearms. Hendricks stated, "1 keep my chopper
ready by my door." He stated, "I steep with my ak, wake with it and rub it once I return to it."
"Chopper" and "AK" are terms commonly used to refer to an AK-47 style rifle. In response,
UCE4 stated that there were better weapons available, to which Hendricks acknowledged,
"Yeah I know. The bullets are easy to buy." Hendricks also indicated that he avoids air travel
because he cannot bring his weapons onboard: "I never fly... Never... Can't bring my babies
and I'm never without them... If you know what I mean." As such, your Affiant believes that
Hendricks may in fact be in possession of an AK-47 and/or other weapons, for which he may
also have ammunition.
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wurii, i ageD;:ii
37. Lastly, during this same conversation (on April 8, 2015), Hendricks directed
UCE-1 to contact a "brother" using Social Media Application #2. Hendricks then provided
UCE1 the following instructions for dealing with potential recruits:
Observe these rules brother..

No personal details
Don't agree to meet unless through me
don't tell your state unless through me
4 assume all the risk
run NO DETAILS ABOUT IDENTITY OR ORGANIZATION EXCEPT
THROUGH ME. Ok my dear brother?
38. During approximately the same period that Hendricks was beginning to
communicate with CW4 and UCE.l, he engaged in similar communications with CHS3.10
Beginning on or about April 1, 2015, Hendricks, using Social Media Application #3 account
"wilayahtx," communicated with CHS-3 via Social Media Application #3. During their initial
communications, Hendricks disclosed that his Social Media Application #1 account was
"®sham reason," and stated that CHS.3 could refer to him as "Abu harb." Over the course of
several communications, Hendricks cautioned CHS3 on the use of Social Media Application 43
due to privacy concerns and the popularity of the application. Hendricks directed CHS3 to use
Anonymizing Software Application #1" when accessing the Internet and Social Media
Application #2 when communicating with other like-minded individuals.
10 CHS.3 is a paid confidential informant, having worked with the FBI for four and a half years. All information
provided by CHS3 to date has been deemed to be truthful and accurate,, with no known reliability ISSUeS. CHS3
has no known criminal history. This notwithstanding, the information contained within this Affidavit from the
activities of CHS3 was corroborated by the FBI.
"Anonymizing Software Application #1 provided a network or anonymous internet connection tha 0

to conceal their identity and location (eg., Interact Protocol (I?) Address).
16
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~-3 7f 1 N pe
39. Hendricks also informed CHS3 that he recently conducted a meeting with others.
Additionally, as with UCEl and CW-1, Hendricks asked CHS3 several questions designed to
test his/her religious knowledge. Hendricks referred to these questions with CHS3 as "standard
verification questions." The questions focused on whether or not Ci1S3 was a member of law
enforcement and general questions regarding Islam.
40. Hendricks and CHS3 then continued their communications within Social Media
Application #2. During these communications, Hendricks instructed CHS3 to ensure CHS3's
account name was not similar to the Social Media Application #3 account, devoid oany
"Islamic"'2 references, and also instncted CHS3 not to use any "islamic" terms without
"splitting them." Specifically, Hendricks stated, "Make anotheronc and don't user your [Social
Application #3] name or anything Islamic," "Unplugyourself from the grid. That makes your
moves predictable," and "Brother don't use isla micterms with splitting them." Hendricks also
directed CHS3 to read an online manual which he described as "the moo ja hid guide 2015."
41. On or about April 8, 2015, Hendricks contacted CHS3 using Social Media
Application #2 account "hereafter." During their April 8, 2015 communication, Hendricks
'2 Hendricks" direction to CHS3 was identical to that given to CWl, when on or about March 25,2015, Hendricks
instructed CWl to "Make up a new username (nothing islamic)... ," prior to commencing communications within
Social Media Application #4.
I)
Your Afliant believes that Hendricks was referring to a publication that was disseminated online entitled, "How to
Survive in the West: A Mujahid Guide (2015)." This publication was a 71' :e, unofficial ISIL supportercreated,
manual that provided guidance for "Muslims who are living in a majority non-Muslim land" that aimed to "teach
you how to be a sccrct Agent who lives a double life, something Muslims will have to do to survive in the coming
years." Topics in the manual included 'Hiding the Extremist Identity," "Internet Privacy,"'Bomb Making and
"Transporting Weapons," as well as survival techniques and how to evade arrest.
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directed CHS3 to contact UCE4's Social Media Application I2 account. Hendricks directed
CHS3 to evaluate UCE-i for potential recruitment, stating, "Stand by for his user name. I also
want you to vet him with the same rules you learned from me. I think he is trustworthy enough
to introduce him to you?' Hendricks then provided CHS3 with specific guidance when
contacting others. Hendricks wrote:
No personal details
-Don't agree to meet unless through me
don't tell your state unless through me
.1 assume all the risk
run NO DETAILS ABOUT IDENTITY OR ORGANIZATION EXCEPT
THROUGH
ME. Ok my dear brother?
This is the same guidance Hendricks gave to UC&4 that same day regarding communicating
with the brother with whom Hendricks was putting him in contact,
42. On or about April 12, 2015, Hendricks told UCEl that he needed him to
communicate with others, "There IS: a few brothers that I t to bring to your attention." When
asked by UCE4 if he was thinking tong term, Hendricks responded, "Yes long term. This is
what has been advised. UCEl questioned Hendricks about his purpose. Hendricks explained:
each body has a brain in order to operate the limbs. In order for the body to be
functional we need a strong brain. We are constructing the brain. In this land my
dear brother a brain is needed then the limbs grow. But all the ummah is one
fa.
body so in a way it doesn't fit be ultimately the brain is the kit la 14 Every
business needs a headquarters and outposts.
UCEi then asked Hendricks if they (Hendn"cks and UCE4) were making their ownbrain or if
they were connected to the ultimate braIn. Hendricks responded, "Ulti m ate brain brother lol."
01
kh in f* was an abbreviation (ror Ktilafh or the Caliphate) d Hendricks used to ISIL.
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I ~
i[6 PlV*7
ID 131
Based on Hendricks' frequent use of spaces- between letters in words that he thought would draw
law enforcement attention, a practice he advised UC&I and others to adopt, your Afliarit
believes that "kh la fa," is a coded reference to "khilafa," the Arabic word for caliphate, and
further a reference to ISIL. Followers of ISIL believe that ISIL has established an Islamic
caliphate and commonly refer to ISIL as the "caliphate" or "khilafa." Thus, Hendricks'
reference to the ultimate brain is a reference to ISIL
43. UCEl later questioned Hendricks about individuals being evaluated online for
recruitment into the group that were promoting ISIL or wanting to travel overseas to fight on
behalf of ISIL, commonly referred to as "hijrah." In response, Hendricks wrote:
Jail is not an option for us. It's nothing but humiliation and it pleases the
enemies. As for the last concern HiJrah is a great deed. If that's what your heart
desires then I ask Allah to make you intentions noble. I've spoke to senior
brothers and the Naseehah [advice) is to remain here. Study the battle of the
trench when the man came to the prophet and became muslim. He said with us
you are one man but go and shake them from within,
44. DurIng the communications with Hendricks on or about April 12, 20151,
Hendricks also provided UCE..l with a user name for a Social Media Application flu account and
warned UC&l that the user was "the feds," and that UCEl should not follow the account.
Hendricks also directed UC&l to "[j]ust monitor it to not allow brothers to get entr app ed."
Hendricks then directed UCE4 to another online account. After telling UCEl that he could not
"determine his position," Hendricks directed UCEl to "[s)ce if you can."
45. On or about April 16,2015, while using Social Media Application #2 account
"hereafter," Hendricks instructed UCEl to download a document entitled, "GPS for the
Ghuraba in the U.S." This document was a 19pagc instruction manual focused on
19
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counteracting law enforcement surveillance, providing technological advice, and communicating
protocols for those planning to conduct attacks in the United States. The document also provided
ways to support the mujahideen, to include topics such as "Fight with your hands," "Fight with
your wealth," "Fight with your tongue," "Using your cell phone," and "Using your computer."
The document included a section entitled "Final Advice," which advocated that "brothers and
sisters" should not allow themselves to be imprisoned. This section further encouraged Muslims
to "stop going to jaiL.. willingly," to die as a "Shaheed (martyr)," to "Boobie trap your homes,"
to "lay in wait for them," and to "never leave your home without your AK-47 or M16." Lastly,
this section encouraged Muslims who were "in deep," to "martyr" themselves during routine
traffic stops conducted by law enforcement. The document was signed "Abu Ibrahim Al
AmerikL" Hendricks directed UCEi to first download, and then disseminate the document to a
Social Media Application #2 account that belonged to CHS3.
46. Also, on or about April 16, 2015, Hendricks told UCE-1 that they needed "$$."
However, Hendricks further explained that they have a "solid budget for now." On or about
April 18, 2015, Hendricks told UCE-1 he wished UCE.4 could "assist on a $ level."
47. On or about April 18, 2015, Hendricks, while using Social Media Application #2
account "hidrngmynghts," also provided CHS415 with a link to the document "OPS for the
' CHS4 is a paid confidential informant, having worked with the FBI for four years. All infonnation provided by
CHS.4 to date has been deemed to be truthful and accurate, with no known reliability issues. CH84 has no known
criminal history. This notwithstanding, the information contained within this Affidavit from the activities of CHS4
has been corroborated by the FBI.
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1
133
Ohura ' in the U.S." The document provided to CHS4 was identical to the document provided
to UCE4 on or about 16, 2015
48. On or about April 19, 2015, UCE4 and Hendricks again discussed whether one
should make "bijrah," or stay in the United States. After UCE..1 made a comment about leaving
the United States and that "hjrah" was dead, Hendricks responded, "}lij rah is not what senior
people requested me." UCEl further added, "Does the head give orders?" Hendricks
responded, "No. The conditions for a will ya h have to be in place. Only advice," and "The only
provide advice to wol yes. And connect pp1 (people) to form gro ups."
49. On or about April 21, 2015, Hendricks and UCEl :ain communicated regarding
the recruitment of individuals online. Hendricks directed UCE4 to communicate with an online
to
div idual in Canada. While UCE4 communicated with the person in Canada,
account of an in
Hendricks provided questions to ask. Hendricks :explalned to UCE1, "it's hard to sift through
brothers;" "Allah chooses only the few;" and "Everyday I do this day in and day out." Hendricks
and UCE1 also developed a code to verify their identities for future conversations.
account "accepted," contacted CHS4 and wrote that "accepted" was the former user of Social
Media Application #2 account "nowhaq?' Specifically, Hendricks stated, "This is your brother..
I changed my id.,. Nowhaq was my last one."
account "accepted," asked CHS4 about his/her profession, if CR54 had a criminal record or
disabilities, and if CHS4 could travel. Specifically, Hendricks asked, "When can u travel akh,"
"Brother what u do for work," "U know about hacking etc," "Mv the fed s ever visit or call u akh.
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Or hv u ever been locked up," "Do you 1w any disabilities," and "1-h' u been securing your
communication akh." Additionally, Hendricks stated that he had "a few brothers" that he wanted
to put in contact with CHS4.
52. On or about May 1, 2015, Hendricks, while using Social Media Application #2
account "accepted," exchanged messages with CHS4 and discussed the two meeting in person
on or about May 2, 2015. On or about May 2, 2015, Hendricks and CHS-4 met in-person in the
vicinity of Baltimore, Maryland. 6 At the meeting, Hendricks identified himself as the individual
with whom CHS-.4 was communicating via Social Media Application #2 account "accepted."
Also present during the meeting was Individual 1, who is the former spouse of Hendricks, having
been divorced from him in 2009.
53. During the in-person meeting, Hendricks introduced himself as "Mustafa."
Hendricks provided CHS-4 with instructions on counter-surveillance measures and claimed that
be knew of these methods because he was the head of security for a company near the U.S.
Capitol." Hendricks admitted to CHS4 that he and his wife wrote a document entitled "OPS for
the Ghuraba in the U.S." Hendricks stated that his goal was to create a sleeper cell to be trained
and housed at a secure compound. According to Hendricks, his sleeper coils would be used to
conduct attacks in the United States. Hendricks mentioned that future targets would include
military members whose tion had been released by ISIL and the woman who organized
the "Draw Prophet Mohammad contest" Hendricks told CHS4 that he was currently
"This meeting was corroborated through physical surveillance and use of an audio recording device. However,
portions of the audio recording are inaudible.
' The FBI has no information corroborating that this claim is I

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communicating with an ln.am in Arizona who Hendricks

bw
ted to bring into the group as their
spiritual guide. Hendricks also claimed to know a member of ISIL overseas. Hendricks also
stated that he had been in contact with senior brothers.
54. Hendricks next claimed to have 10 members signed up in his group:, to include a
combination of males and females. Hendricks expressed a desire to conduct night missions to
obtain weapons from military depots and recruiting stations. Hendricks stated that he wanted to
build a secure compound for training, of the group and estimated that he needed $30,000 USD for
the compound. Hendricks also indicated the next step in his plan was to have four to five males
make ajibad video in the next few months. Hendricks stated that the video would be 10- 15
minutes in length, would display the ISIL flag, and depict individuals carrying weapons and
wearing masks with their voices disguised. The purpose of the video would be for recruitment
into his terrorist cell.
55. During the meeting between CHS4 and Hendricks, FBI surveillance observed a
Honda Odyssey van with South. Carolina license plates. According to the South Carolina
Department of Motor Vehicles, the vehicle was registered to Individual 1, Hendricks' former
spouse. h. .ediately following the meeting, FBI agents showed CHS4 a photograph of
Hendricks. CHS4 positively identified Hendricks as the individual that he/she met with
moments earlier.
56. On the same date, Hendricks, while using Social Media Application #2 account
"accepted," admitted to UCE4 that he th "our mutual brother from PA and he is the real
deal." Hendricks also told UCEl that he was in Baltimore. Your Affiant believes that the
icks
above mentioned "brother from PA" is CHS4, based upon the timing of Hendr '
23
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- 1
communication to UCE4 and meeting with CHS4 (who previously informed Hendricks that
CHS4 was from Pennsylvania)
Hendricks' Connections to a Perpetrator of the thwarted terrorist attack In Garland, Texas on

May 3, 2015
57. On or about May 3, 2015, Elton Simpson (hereinafter referred to as "Simpson")
and Nadir Hainid Soofi (hereinafter referred to as "Soofi"), who were inspired by 151, arrived
together at the Curtis Cuiwell Center in Garland, Texas for the purpose of conducting a terrorist
attack. The center was hosting an event entitled "The First Annual Muhammad Art Exhibit and
Contest." Also present at the exhibit was the organizer of the event, who was scheduled to
deliver a speech to those in attendance.
58. Simpson and Soofi arrived together in a vehicle, equipped with body armor and
assault style weapons. Simpson and Soofi drove their vehicle up to the center, exited, and began
shooting towards the entrance. A nearby security guard suffered minor injuries before the
Garland police retunied fire and killed both Simpson. and Soofi,
59. In the moments prior to the attack, Simpson posted a Social Media Application #1
message which read, "#texasattack: 'May Allah accept us as mujahideen.'" In his message,
Simpson also stated that he and Soofi had pledged their allegiance to "Amirul Mu'mineen,"
which is an alias for ISIL leader Abu Bakr alBaghdadi.
60. in the days following the attack, members of ISIL claimed responsibility for the
attempted attack. During a radio address., one ISIL member referred to Simpson and Soofi as
"brothers," and provided the following warning: "We say to the defenders of the cross, the U.S.,
24
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ut:!J1j1t Ip. 1il ;~,i'jo.V oFID 137
that future attacks are going to be harsher and worse. The Islamic State soldiers will inflic
on you Mnth the grace of God. The future is just around the corner."
61. On or about April 23, 2015, Social Media Application #1 acco w
posted a link to the "Draw the Prophet Muhammad Contest." The user of "®tawaakui" was later
identified as Simpson. On this same date, Hendricks contacted Simpson via Social Media
Application #1 and requested Simpson's Social Media Application #3 account. During this
exchange, Hendricks identified himself as being a Montana resident)
62. The FBI has confirmed that Simpson was in contact with Hendricks via Social
Media Application #3 prior to the events in Garland, Texas. After the attack, on or about May 4,
2015, a federal search and seizure warrant was executed at the Phoenix, Arizona residence of
Simpson and Soofi. During the search, a cell phone was collected and subsequently examined
pursuant to the search warrant. The telephone number for the phone was linked to Simpson. A
review of the photographic images found in the phone revealed digital pictures taken of
communications using Social Media Application #3 on another cellular telephone. These
messages were between Social Media Application #3 account "Juba8021," attributed to
Simpson, and including Social Media Application #3 account "UmmahOne," believed by the
FBI to have been used by Hendricks-19
'1 LJCE.I stated that Hendricks has made claims in the past that he was located in Montana.
The account name "tJmmahOne is substannaBy similar to those previously known to be used by Hendricks
Moreover, a review of communications betwccn this account and Simpson again revealed substantial similarities
between content discussed, to include UmmabOne's" statement that he resided in Montana and Simpson a
provision of his Social Media Application #3 account "JubaSO2l."
25
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63. Also on or about April 23, 2015, Hendricks, using Social Media Application #2
account "accepted," directed UCE1 to contact "a good brother" because he wanted them to be
introduced to each other. Hendricks added, "I vouch for this brother. He is good and clean.
Just validate who I am and what we have been connecting brothers etc." Hendricks gave further
instruction to UCE-1, stating, "Don't ask him about details though." Hendricks next provided
UCElwith Social Media Application #3 account "jubal9ll," for UCEl to contact this
"brother." While still communicating with Hendricks on Social Media Application #2, UCE4
sent an invite on Social Media Application #3 to Social Media Application #3 account,
lubal9I L" Hendricks told UCE-1 that 'Juba l9ll" was simultaneously contacting him
(Hendricks) via Social Media Application #3 to verify UCEl's account.20
64. During this same communication with UCE.l, Hendricks indicated that he might
"be driving out west to meet a few brothers." UCE-1 asked when Hendricks would be traveling
throu:s 'Ut the southwest so that they could meet. Hendricks responded that he was "trying to
sync with three others after me and you... Each separately."
65. Later on that day, UCE-1 contacted Social Media Application #3 account
"juba1911" (which was owned and operated by Simpson). During the conversation, "jubaI9ll"
claimed to have recently met Hendricks online and to have communicated with him a "few time
on [Social Media Application #1) and now on [Social Media Application #31." "jubal9l I"
disclosed to UCEl that he had been a Muslim for "11 yrs," to which UCEl responded that
conducted a forensic examination of Simpson's cellular phone that was found on scene immediately after
land, Texas attack This examination revealed that he purchased Social Media Application #3 and
dud it onto his phone on or about March 22,, 2015.
26
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he/she had been a Muslim for "2 years." UCE1 told 'jubal9ll," "We've got a good mutual
brother and its worth keeping in touch. 4 ." jubal911 "' asked UCE-1, "Who sent you to me
'1
akhi?," to which UCE4 responded, "A good brother. Talk to him on [Social Media Application
112]. We talk about organizing." UCEl added that Hendricks was "really good at putting
g for like minded

brothers in touch... I'm not sure why be paired us up lol. Are U lookin
brothers?" "Juba l9ll" responded, "He didn't tell you why?... What did he say to you then?"
UCE4 then stated, "I'm sure he had a purpose. I don't know anything more than your name."
Thereafter, "jubai9l 1" stated, "SVeII u mentioned something earlier abt organizing."
66. The next day, on or about April 24, 2015, UCEl again contacted Social Media
Application #3 account "jubaI9l I ." During this communication, "jubai9i I" and liCE-i
discussed the need to be careful when communicating with others online. jubal9l 1" made
multiple references to the presence of spies online, later asking UCE-1, "DO u know the hukm of
the spy?" 'Juba 1911"

added, "Having spies can be good from 2 angles... I can leads to
shahadah.,. 2. Keeps u on point security wise." [The term "shahadah" translates to a
"profess n or I timony of the oneness of Allah," and "hokum" means ruling or judgment.]
"jubal91l" also briefly discussed their shared experiences when communicating with Hendricks
which focused on the length of time they were each in contact with Hendricks and similarities
with Hendricks' assurances when facilitating their introduction (e.g., Hendricks stated to
"jubai911 " that UCE-I was "a good brother, pretty n...uch the same things he told u about me, he
said about u").
67. 'jubaI9li" also shared limited details about his criminal history, stating "I've
been arrested b4 akh... That's all I will say... Arrested not for some worldly affair.. * HAd a
27
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spy on me for 4yrs. .?' UCE-i later asked 'juba9i I" how much time he spent in prison, to
which Simpson responded, "Not much, got bailed out.., I charge dropped, I stayed, 3yrs
probation." 'lubai9l 1" also made references to the upcoming "drawing" contest in Garland,
Texas, asking UCE1, "Did u see that link. I posted? About texas? Prob not." In response,
UCE4 stated that he/she did not have 'jubai9II's" Social Media Application #1 account.
Thereafter, 'jubai9i 1" posted a link to the "Draw Prophet Muhanim.-,,-' Contest" in Garland,
Texas. in an effort to continue their dialogue, UCE.1 made the statement, "Tear up Texas." In
response., "juba 1911" warned UCE.i, "Bro, u don't have to say that.. U know what happened
in Paris21... I think.,. Yes or no...?" UC.E4 replied, "Right," after which 'ju.' 1911" stated,
"So that goes without saying... No need to be direct"
68. After discussing details that Hendricks told UCE4 about himself and that
Hendricks was "connected," 'jubaI91 1" cautioned UCE-i that if he/she owned a weapon, he/she
should keep it on his/her person at all times in case of a law enforcement sting operation.
Specifically, "jut.: 1911" stated, "if u have ur own. thing... ...keep it on u at all times...Bc u know
it's real and functional.. .Make sense?, Jl-f U read about sting ops. . .From the news.. .They never
give authentic thur.gs .. .Things...:)"
69. Based on "juba 1911's" description of his personal and criminal history, along
lu 'telephone later found in Simpson's residence with the images of
21
Based icon the timing ofthis communication, your .Affiant believes that Simpson.was refërr'gto the terrorist
attack that occurnd in Paris, France on or aaboutJanuuy 7,2015, when Said and CheiifKouacbi conducted a
terrorist attack at the Charlie Hebdo newspaper headquarters.
28
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Cas PJ7'If)Pan 141
communications using a variation of "Juba" as the user name, your Affiant believes that
"ju im 1911" was Simpson.
accoun.t "accepted," communicated with UC&1 regarding the upcoming drawing the Prophet
Mohammad contest in Garland, Texas. UCEi reminded Hendricks that "Juba," meanü g
Simpson, had told UCE4 about R. After further discussion about the event and "Juba,"
Hendricks stated in reference to "Juba," "The AZ [Arizona) brother?" UCE4 replied, "He told
me that he tweeted a article about the drawing contest and then u hit him up about it." Hendricks
responded, "The one who call me a spy?" At the time., Simpson was residing in Arizona
Hendricks claimed to have just learned about the drawing contest that evening. After UCE4
commented that UCE1 could have hiked up with "Juba," Hendricks replied, "You can link with
him brother. That's your call."'
71. The next day, on or about May 2, 2015, Hendricks, while using Social Media
Application #2 account "accepted," again communicated with UCE4 .out the contest in
Qarland, Texas. Hendricks wrote, "1 wish someone could go to tx and harass them during the
night;" "a good solid protest;" and "Unique one man protest." Hendricks also told UCE1 why
he [Hendricks] could not go to Texas, "Too much driving for us. And I don't fly." At the time,
Hendricks was In Baltimore, having just met CHS4. UCE1 responded, "Ok.. Just me or any
other brothers?" Hendricks responded, "See what you and bro Juda can do;" and "At least be
heard." UCE1 asked if Hendricks was still in contact with "juba" [Simpson]. Hendricks told
Jude is believed to be "bro Juba," meaning Simpson.

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UCE4, "He has another brother he knows," and stated that he was not in contact with him.
However, Hendricks then provided Social Media Application 111 account "tawwakil" to UCE-1
to use to contact "Juba" [Simpson). Subsequent investigation determined that Social Media
Application #1 accounts "®atawaakul" and "@tawaakul" were used by Simpson.
72. UCEl subsequently traveled to Garland, Texas and was present on or about May
3, 2015, at the event. UCEl notified Hendricks that he/she was in the vicinity of the "Draw the
Prophet Muhammad Contest" event in Garland, Texas. Hendricks stated, "If you see that'
[meaning the organizer of the event] make your 'voice' heard against her."23 Hendricks asked
UCE4 a series of questions related to the security posture, to include: "How is security?;" How
big is gathering?;" "How many ppl?;" "How many police/agents?;" "How big is building?;" "Is
it wood?;""Do u see feds there?;" "DO you see snipers?;" and "How many media?'
73. During this conversation, Hendricks also asked UCE4 several questions, which
your Afflant believes were aimed at detennining if UCE4 was armed with weapons. After
UCE4 provided Hendricks with a series of general observations, Hendricks asked, "What u got
with u?" UCE-1 responded, "Tools of the trade," and "not a small hand tool" Hendricks
responded, ""Lot," and "The ppl doing the drawing and hosting and observing are the ones
needed to protest against." UC&l next explained that there was not a lot of activity outside of
the center, to which Hendricks responded, "Yea they are there but you can voice your concerns
to the hosts after their detail is gone.. .They will be outside yapping their mouths and thanking
23 Your Afflant believes that Hendricks' use of quotations around the word 'voice' implied that be was directing
UC&I to commit an act of violence against the organizer of the event.
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the pigs." UCE.i responded, "OK let me let u go n see how close I can get." Lastly, just prior to
the attack, Hendricks stated to UCE-i, "You may see her get into a car to go to airport or catch a
flight etc," referring to the organizer of the event Shortly thereafter, Simpson and Soofi
committed the attack on the cartoon drawing contest venue described above.
Hendricks' actions after the thwarted terrorist attack in Garland, Texas
74. On or about May 4, 2015, one day after the terrorist attack in Garland, Texas,
Hendricks, while using Social Media Application #3 account "itamehere," contacted CHS4 and
instructed him/her to clean up his/her Social Media Application #1 page and take all "pro sguff
off" Hendricks then told CHS4 to "Keep looking fir me on here akh I may need you to help
online soon." Hendricks also stated that he intended to obtain another cellular telephone. Lastly,
Hendricks asked if CHS4 was familiar with the website, justpaste.it.
account "itsmehere," directed CHS4 to an identified Social Media Application #1 account that
contained a link to a document ['New Era'Justpasteit/Anonymous901. Pertinent portions of the
document stated:
'The New Era' To our brothers and sisters fighting for the Sake of Allah, we make dua
for you and ask Allah to guide your bullets, terrify your enemies, and establish you in the
Land. As our noble brother in the Philippines said in his bayah, 'This is the Golden Era,
everyone who believes.., is running for Shaheed.' The attack by the Islamic State in
AmEricka is only the beginning of our efforts to establish a wiliyah in the heart of our
enemy. Our aim was the khanzeer [the organizer of the Garland, TX eventjand to show
her that we don't care what land she hides in or what sky shields her, we will send all our
Lions to achieve her slaughter. This will heal the hearts of our brothers and disperse the
ones behind her. To those who protect her this will be your only warning of housing this
woman and her circus show. Everyone who houses her events, gives her a platform to
spill her filth are legitimate targets. We have been watching closely who was present at
Ns event and the shooter of our brothers. We knew that the target was protected. Our
intention was to show how easy we give our lives for the Sake of Allah. We have 71
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a'rn
trained soldiers in 15 states ready at our word to attack any target we desire. Out of the
71 trained soldiers 23 have signed up for operations like Sunday. We are increasing in
number bithnillah. Of the 15 states, 5 we will name...Virginia. Maryland, Illinois.,
California, and Michigan. The disbelievers who shot our brothers think that you killed
someone untrained, nayI ey gave you their bodies in plain view because we were
watching. The next six months will be interesting. Look for us on Mondays and Fridays.
To our Amir Al Mu'mineen,24 make dua for us and continue your reign, May Allah
enable your face May Allah send His peace and blessings upon our Prophet Muhunamad
and all those who follow until the last Day. Abu Ibrahim Al Amenki
76. A variation of this document was also located online at the URL of
www.justpaste.itfAnonymousl 3. This document was substantially the same, but provided a
description of the background of the attackers that was not included in the other version: "The
disbelievers who shot our brothers from Arizona, a new Muslim of 2 years and another of Ii
years, you think that you killed someone untrained, nay, they gave you their bodies in plain view
because we were watching?' (emphasis added). The importance of this variation is the reference
to "a new Muslim of 2 years?' The reference to "another of 11 years" is consistent with
Simpson's history, as he informed UC&1 that he had been a Muslim for 11 years during their
communications. However, UCE4 had informed Hendricks that UCE1 had been a Muslim for
2 years. Soofi, Simpson's actual partner in the attack, was raised a Muslim. When combined
with Hendricks' statement to UCE4 described below that he initially thought UCE-1 was killed
in the attack, your Affiain believes the reference to "a new Muslim of 2 years" in this document
is a reference to UCEl (because Hendricks mistakenly believed UCE-1 assisted with the attack,
FA
and was killed along with Simpson)
Amir Al Mu'mineen translates to the "leader of the faithful," and as previously stated, was a known alias for ISIL
leader Abu Bnkr alBaghdadL
32
APP'X 033
Casita47-p,1tq9§%1!-M8-Pq
,W 6 §€j o4k,9a ID 145
77. On or about May 5, 2015, Hendricks while using Social Media Application #2
account "mesecreti7," communicated with UCE4. Prior to discussing details of the Garland,
Texas attack, Hendricks verified UCEi 'a identity through the use of a code they had previously
arranged. UCE4 and Hendricks then discussed the Garland, Texas attack. UCE-1 claimed to
have been the "eyes" of Hendricks, to have seen Simpson and Soofi be killed, and stated that
"Cops almost shot me." Hendricks then directed UCE4 to deactivate his/her Social Media
Application #1 account, and asked UC&l, "Have you seen the just paste?" Although never
admitting to being invohed, Hendricks stated he believed that UCEl had been killed at first,
"Up until last night I thought that u." He then learned that UCE4 was not killed in the attack,
stating, "Be after I added up the facts I knew it wasn't u." After UCE1 continued to- express
concern that he/she was nearly killed in the attack and sorrow for Simpson and Soofi, Hendricks
stated, "1 thought the same thing bro. And I know that Will always be a concern you Will have..
But listen bro, AL LA h showed you that in order to prepare you. Next time you will be twice as
better LA.. .Don't worry. This is a example Al la h granted you. Don't let this real time lesson be
in vain." Lastly, Hendricks stated to UCEI "Bro, Keep in touch with me. If you need a sa fe
house, let me know. This is why I'm here."
78. On or about May 9, 2015, through on or about May 10, 2015, Hendricks, using
Social Media Application 42 accounts 'terrorwatchl7" and "itsmel7," communicated with
UCEl. These communications were brief, but focused on UCE4 'a presence in Garland, Texas
on or about May 3, 2015. Hendricks and UCEI required each other to provide "the code," to
which the response was "17." During these conversations, Hendricks expressed concern as to
whether UCEl displayed his/her Social Media Application #2 account online Hendricks also
33
APP'X 034
Casj71cy5c 0
Fl 9(P aglD 146
expressed concern about the possibility of UCEl having used his/her cellular phone on the date
of the attack (asking if it pinged off a "tower locally") and further directed UCE4 to consider
Chafl:Iflg his/her cellular phone.
79. On or about May 31, 2015 through on or about May 13, 2015, Hendricks, using
Social Media Application #2 account "itsme17," communicated with UCE4. During this
communication, Hendricks and UCE4 discussed an unknown individual for recruitment into
Hendricks" terrorist cell. Hendricks specifically requested that UCE4 provide social media
application information for the individual. In response to UCEl asking, "Should we bring him
into the circle?," Hendricks replied "Indeed. He is a good brother?' Hendricks also stated that
"Hijia" will "take 50/100 acres. Legally purchased." [The term "hijra" refers to a "migration."
In this context, the term is likely referring to iikeminded Muslims residing on compounds within
the United States.] Hendricks then added, "ft will be hidden in plain sight.. .Faim, house,
garden, tunnels.. .5 in the beginning stages across the country.. .Satillite places near." Your
Affiant believes that Hendricks was referring to his continued interest in purchasing land for the
formation of training cainpsto be used by his terrorist cell.
80. On or about May 13, 2015 through on or about May 14, 2015, Hendricks, using
Social Media Application #2 account "itsmeil," briefly communicated with UCE4. During this
communication, Hendricks asked UCE1 if be/she had contacted another individual and stated
34
APP'X 035
as 1(j Pg § of br)p,
a lD 147
"The Ot' vilkir is not 1r the wet Also durine this et)Tumication. endricks provided
UCE. I with a new Social Media Application 2 account. dontcacii 1 7
8 On or about May 17.. 2015, UCE.! aucinpted In communicate with Hendricks, at
his Social Media Application #2 account "donteatch 17," but received no response.
CONCLUSION
82. Based on the lretoing. your MlIant believes that there is probable cause to
.S-how that biween on or about March I, 2013. and on or about May 3 1. 20 15), Erick Jamal
I kodricks conspired with ('\\'i and others known and unknown, to provide material support.
inc1udin personnel and services, 10 ISI L a designated lore LU crrorh,L oreanization. in violation
of Title 18, United States Code. Section 233913(a)( I). and that liendricks and others committed
o ert, acts in Ilirtherance ot' the conspiracy in the Northern i)istrict of Ohio.
I
Shawn Scott Hare

Special Agent
Federal Bureau of lnvcsti.alion
Subscribed and sworn to before me
.01
KENNEI'H S. MCHARGI I
UNITED STATES MAUlS(R Apr E J Ul)GE
' There are 5 pillars" within Islam, lowever, those I,i, ubseribc to an extremist version of Islam, often rein to
the commission ufjilud as the "6th r Tar."
APP'X 036
Case 3:17-cv02692M Document 10 Filed 01/11/18 Page 39 of 107 PagelD 148
Exhibit B
]ew J
Declaration of Matth
Des arno
APP'X 037
Case 3:17cv02692M Document 10 Filed 01/11/18 Page 40 of 107 PagelD 149
UNITE!) STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
BRUCE JOINER,
I'Iainti 1T Case No: 3:1 7cv2b92
UN STATES OF AMERICA.
i)cfcndant. )
DECI..JARAFR)N (W MAll] fEW J. DESARN
1. Matthew J. Dcsarno, hereby declare as fOlLOWS, pursuant to 28 U.S.C. § 1746:

I un th. Acting Asistaut Ducctot (AD) Countcriurorisni Division (C I I)) of tli hdLr i
I3urcaLl of Investigation (FBI). I have held ,-a, wide array of positions in the FRI with
both the criminal and national security fields, to inc hiding Deputy Assistant Director
(DAD), Operations- Branch 1. Counterterrorism Division. overseeing the FBI's global
international icrrorisi investigations and operations: Section Chief (SC) of the Strategic
Operations Section in the 1i31's Counterterrorism Division. leading the Bureau's efforts
in global counterterrorism targeting and counterterrorism human 'Intel liencc operations:
Assistant Special Agent in Charge (ASAC) of the F131 "s Chicago Field Office, ma
white collar, public corruption, civil rights pro !iQlCflt crime. transnational crime.
SWAT, evidence response. and crisis negotiation programs, :1 Supervisory Special
Agent (SSA), providing program management oversight and support for criminal gat
investigations across the United States. Prior to joining the FBI. I served as an infantry
Officer in he U.S. Army, assigned to Fort IIood. Texas, during which time I deployed to
Bosnia-Herzegov ina as part ol thi N'\ 10 'tahiIiiaiion I oicc

t4
.
APP'X 038
Case 3:17cv-02692-M Document 10 Filed 01/11118 Page 41 of 107 PagelD 150
2.. As Acting AD. I oversee the national security operations of CTD in carrying out its
mission to defeat terrorism, both international and domestic.
3 As a result of on current and former roles within the 1131 1 am familiar nh tile poliuts
Ir
which guide the FBI in carrying out its criminal and national security I issions including
the policies which apply to the conduct of national security investigations.
4. 1 am aware of the subject matter of this lawsuit and that the complaint contains
allegations regarding the conduct of an 1131 Undercover Employee (UCE) during the
course of a counterterrorism investigation. On May 3,2015, while the FBI
counterterrorism investigation was ongoing and still in a covert phase, an attempted
terrorist attack was carried out by Elton Simpson and Nadir Soofi at a "Draw Mohammed
Art Exhibit & Contest" at the Curtis CuIwell Center in Garland. Texas. during which the
plaintiff. Bruce Joiner, was injured. The undercover activity and counterterrorism
investigation were subsequently revealed in part during the avert phase of investigation
and related federal criminal proceedings in United States irt Eric Jamal Hendricks. No
I 6cr-002óS (NJ). Oh.) and United Sf ales of America v. AMa! Malik Ada! Kareein. No.
15.00707001Pi1XSRfl (D. Az.)
With respect to the conduct of the FBI UCE,, the complaint alleges that the UCE Incited"
Simpson to commit the Garland attack through electronic communications with Simpson:
that he "reconnoiter[cd] on behalf of the terrorists and possibly directiedi them to Ian]
undermanned vehicle entrance where the attack took place;" and that he failed to make a
reasonable effort to prevent the attempted attack and shooting of plaintiff by Simpson and
Soofi. I understand that the complaint also alleges that the FBI's communications to
APP'X 039
local law enforcement concerning potential threats to the event by violent extremists were
insufficient to prevent the attack.
. Accordingly, this declaration addresses FBI policy relating to undercover activity during
the course of a counterterrorism investigation and to the sharing, of national security
inlormaton with other government agencies. The FBI policies which relate to such
conduct are the FBI National Security Undercover Operations Policy Guide
(NSUCOPG). the FBI Domestic investigations and Operations Guide (D100. and FBI
Policy Directive 001 2D. entitled "FBI Information Sharing With Other Government
Agencies."
7. FBI policies allow investigative personnel wide discretion to determine the operational
details of how to conduct an investigation. Such details include whether to use a
particular investigative technique; how to communicate and interact with subjects of
investigation, and sources of information, and other individuals; whether and when to
take overt law enforcement action. such as effecting an arrest; and the manner in which to
share information with other govert em agencies. In order for the FBI to efficiently
carry out its national security and criminal law enforcement missions, such decisions
must he left to the discretion of FBI Special Agents and their operational managemeri
relying upon their training. experience, and good judgment and depending on the
dynamics ot'each particular investigation as it progresses. The inherent challenges in
national security investigations, and. in particular. in conducting undercover activity
during the course of such lnLttatIons am1ihes the necessity for such discretion.
APP'X 040
Case 3:17-cv-02692-M Document 10 Filed 01111118 Page 43 of 107 PagelD 152
FBI Undercover lnterction With Counterterrorism Subjects
The purpose of the NSUCOPG is to standardize policy with respect to the approva
notification. and reporting requirements for all FBI national security undercover activities
and undercover operations. It functions as a standalone policy, and there is no other FBI
policy that specifically applies to the operational conduct of FBI undercover activity in
the context of a national security investigation.
9. The NSUCOPG sets forth standard administrative protocols for all FBI national security
undercover activities and operations, such as the approval processes and authorities,
limits on the duration of the operation or activity, expenditures and funding, reporting.
periodic review, and the types of FBI forms upon which undercover proposals must be
submined for review.
10.The NSUCOPG does not contain any provision directing the particular operational
manner in which the undercover technique should be carried out, including how a UCE is
to interact and communicate with subjects of investigation, sources of information, and
other individuals whom the UCE may encounter during the course of an investigation.
Effective undercover counterterrorism investigations require involved FBI personnel to
be able to fluidly adapt to the particular needs and circumstances of each case. Specific
requirements regarding the details of how to approach and work with subjects of
investigations would impede effective counterterrorism investigations by constraining
individual investigators and, over time, would diminish the effectiveness of the
undercover technique by revealing to adversaries uniform patterns in the manner in which
FBI undercover national security operations are carried out. Therefore, decisions
regarding the detailed mechanics of investigative activity during the course of an
APP'X 041
undercover national security investigation must be left to the discretion of the UCE and
his or her management. based upon their tnining, experience, and good judgment. and
depending on the dynamics of each particular investigation as it progresses.
11.Nor does the NSUCOPG contain any provisions concerning law enforcement activity,
such as effecting an arrest or detention, by a UCE. Such overt conduct by a UCE is not
contemplated by FBI policy, because it would compromise classified national security
investigations.
12.The NSUCOPG contains highly sensitive information, the disclosure of which would
jeopardize the FBI's use of the undercover technique in the national security field, and
the majority of the NSUCOPG is classified at the Secret level and may not be attached to
this public declaration.
In formation Sharini
13. Plaintiffs complaint alleges that the FBI issued terrorism bulletins to local law
enforcement containing information regarding potential threats to the Garland event, and
that these bulletins were insufficient, to constitute a "reasonable effort' to prevent a
potential mass murder."
14. FBI Policy Directive 0012D sets forth standard and uniform requirements for assessing
information sharing activities with other government agencies and states that the FBI will
share information with other agencies in a manner that is consistent with applicable laws,
other binding authority, and mission justification, with due regard for the security of
operations and the protection of sources and methods. and in a manner that protects the
privacy and civil liberties of U.S. persons.
APP'X 042
Case 3:17-cv-02692M Document 10 Filed 01/11/18 Page 45 of 107 PagelD 154
15. 1)100 section 14 addresses retention or sharing of information by the FBI. More
specifically, 1)100 Section 145 sets forth FBI policy with respect to the sharing of
information related to national security and foreign intelligence matters.
16. Neither Policy Directive 00121) nor 1)100 Section 14.5 contains requirements regarding
the precise manner in which national security or intelligence information is to be shared
with other government agencies or the precise contours of what ormation

inf should be
shared. The details regarding the manner and content of such information sharing is left
to the discretion of investigative peronnU and then management depending in each cast
on the dynamics of the particular national security investigation or matter at issue.
17. Much of the DIOG is classified at the Secret level. A true and correct copy of 1)100
section 143. redacted to protect classified infbrmaiion. is attached as Exhibit I to this
declaration.
18. A true and correct copy of Policy Directive 00 120 is attached as Ehibit 2 to this
declaration.
I declare under penalty of perjury that the foregoing is true and correc
Dated: January 2018
ew . . esarno
Acting Assistant Director
Counterterrorism Division
Federal Bureau of Investigation
Washington, .DC.
APP'X 043
Case 3:17cv02692M Document 10 Filed 01/11/18 Page 46 of 107 PagelD 155
EXHIBI T I
APP'X 044
Case 3:17-cv02692-M Document 10 Filed 01/11/18 Page 47 of 107 PagelD 156
tJN(i.ASS111Li() - FOR OFFICIAL USE ONLY

DoIllestic Inv'i i,,., ions and Opt,i ttsons ( tuidt
DOMESTIC INVESTIGATIONS
AND OPERATIONS GUIDE
FEDERAL BUREAU OF INVESTIGATION
RELEASED OCTOBER 16,2013
UPDATED APRI L 3 v 2 0 15
This is a priileecd document that cannot be released in whole or in part to persons or aencks outside the Federal
Bureau nt Investigation. nor can it be republished in liok or in part in any written iwm not containing this
statement. including general use pamphlets. ithout the approval ofthe Director: olihe Federal Ilurc-van of
Investigation
UNCLAS SIFU.D FOR OFEKIAL USE ONLY

APP'X 045
UNCLASSIFIED FOR OFFICIAL USE ONLY

Donti. In vest i gat tons awl Opu Uioils Guide
NOTICE OF SUPERSESSION AND UPDATE,*.

This document amends and supersedes the previous Dauwsik Investigations and Operath'ns
Guide (1)106), published September 23 2914
CONTACT INFORMATION:
Questions or comments pertaining to the 1)106 can be directed to:
The Resource Planning Office (RPO), Internal Policy Office (IPO) at
HQ_D1V0OJNTERNAL30L1CYOFF10E
or the Office of the General Counsel (0CC)
PRIVILEGED INFORMATION..it
Any use of this document, including direct quotes or identifiable paraphrasing, will be
marked with the following statement:
This is a prit.!lleged 1ocwneni that eannoi he rekas'd in uhoie or in part to 1700SMIN or
agropides muitdL the Federal Bureau 0/ ln%t14'IftoIl ,ioi a:i uk IqubIIs/kd III tiluile
a! Ifl pai us ant tusn us fn,uuu not wnIunnuit F/n' cutenn UI UkIuidh!It gustsa/ us..
1)alnphIt ts wilhout I/se approval
a! oft/st Director of lb.. I cdtral Bureau of lot.. snt'a11ass
FOR OFFICIAL FRI INTERNAL USE ONLY—DO NOT DISSEMINATE
FOR OFFICIAL USE ONLY
UNC .""O'D - FOR OFFICIAL USE ONLY

APP'X 046
UNCLASSIFIED FOR OFFICIAL SF ONLY

4 Domestic Investigations and Operations Guide
14.5 (U) INFORMATION RELATED TO NATIONAL SECURITY AND FOREIGN

INTELLIGENCE MATTERS
(U//FOUO) All information sharing %N ith a Ibreign government related to classified national
sLcurtt\ and lotugn tntUlignce must be dOflL in accordance 'ith the I I)1( in I), nnn;iin of
067OPG and ellective policies goirnrng
MOOs.
(U//F0U(_)) The general principle rellected in current law and policy is that there is a
responsibility to provide inibrmat ion as consistently and Cully as possible to agencies ith
relevant responsibilities to protect the United States and its people from terrorism and other
threats to the national sccurit. except as limited by specific constraints on such sharing. The
1:13 Ls responsibility in this area includes carrying out the requirements of the M(.)U Bet%\ the
Intelligence Comniunitv. Federal Law Enkrcement Agencies. and the Department oil lomeland
Security Concerning Inlbrmation Sharing March 4. 2003). or any successor nienioranduni of
understanding or agreement. Specific requirements also exist for internal coordination and
consultation with other DOJ components. and for sharing national security and Ibreign
intelligence intbrmation with W hite I louse agencies, as provided below. (A(.'JG4)om. Part VLD)
14.5.1 (U) DEPARTMENT OF JUSTICE
(U/IF000) The DOJ National Security Division (NSD) must have access to all inlbrniation
obtained by the FBI through activities relating to threats to the national security or foreign
intelligence. The Director of- the FBI and the Assistant Attorney General for NSD must consult
concerning these activities whenever requested by eithcr of them. and the FBI must provide such
reports and inlOnnation concerning these activities as the Assistant Attorney General lOr NSD
mav request. In addition to any reports or information the Assistant Attorne) General ibr NSD
may specially request under this subparagraph. the FBI must provide annual reports to the NSD
concerning its iOiLLn intelligence collection progrini including information concerning the
l44
APP'X 047
Case 3:17-cv-02692-M Document 10 Filed 01/11/18 Page 50 of 107 PageD 159
UNCLASSIFIED - FOR OFFICIAL USE ONLY

Domestic Invest iations and Operations Guide
scope and nature of foreign inteIIience Collection activities in each FBI field office. (AGCi
Dom. Part VI.D,I
(U!IF()Uth The FBI must keep the NSD apprised olall information obtained through activities
under the AGGDom that is necessar to the ability nithe United States to investigate or protect
against threats to the national security: this should he accomplished with regular consultations
between the FBI and the NSD to exchange advice and information relevant to addressing such
threats through criminal prosecution or other means. ('\GG4)om. Part VLD. 1)
(Ui/FOUO) Except for counterintelligence investinions. a relevant USAO must have access to
and must receive information from the FBI relating, to threats to the national security, and ma
engage in consultations with the FBI relating to such threats. to the same extent as the NSD. The
relevant USAO must receive such access and iril'ormation from the FBI field ollices. (AGG
Darn, Part VLD.I)
(U/fFOUO) In a counterintelligence investigation - i.e.. an investigation olespionage or other
intelligence activities, sabotage. or assassination, conducted by. for, or on hehaliofibreign
powers. organizations, or persons JAGG-Doni. Part VILS.21— the FBI may only provide
inlrnation to and consult with a relevant USAO if authorized to do so by the NSD. Until the
policies required by AGGDoni. Part VI.D.l.d are promulgated. the FBI may consult freely with
the USAO concerning investigations within the scope of this subparagraph during an cmcrenc\
so long as the NSD is notified of such consultation as soon as practicable after the consultation.
(AGGDom, Part VU). I).
(WFOUO lnfhrmation shared with a USAO pursuant. to DIOG Section 14.5 National Security)
mu t be disclosed only to the USA or any AUSA designatedby the USA as points of -contact tos
receive such information. The USA and designated AUSA must have an appropriate security
clearance and must receive training in the handling of classified information and inlbrmat ion
derived from EISA. including training concerning the secure handling and storage of such
information and training Concerning requirements and limitations relating to the use. retention.
and dissemination lsueh information. (AGG..Dorn. Part \'I,D. 1)
(V//FOUO) The disclosure and sharing of information by the FBI under this paragraph is subject
to any limitations required in orders issued bv the FISC. controls imposed by the originators of
sensitive material, and restrictions established by the Attorne General or the Deputy Attorney
General in particular investigations. The disclosure and sharing of information by the FBI under
this paragraph that may disclose the identity ala C1-1S is governed by the relevant provisions of
the AGGClIS. (AGGDorn. Part \'f.D. I
143.2 (U) THE WHITE HOUSE
(U/1FOUO) In order to carry out their responsibilities, the President. the Vice President. the
Assistant to the President for National Security Affairs, the Assistant to the President for
Homeland Security Affairs. the NSC and its staff.the USC and its staff and other White I louse
officials and offices require information Ii'om all federal agencies. including foreign intelligence.
and inlbrmation relating to international terrorism and other threats to the national security.
Accordingl. the FBI may disseminate to the Vhite House foreign intelligence and national
security information obtained through activities under the AGG-D in, subject to the following
standards and procedures.
14-5
APP'X 048
Case 3:17cv-02692-M Document 10 Filed 01/11118 Page 51 of 107 PageD 160
UNCLASSIFIED -• FOR OFFICIAL USE. ONLY

S14 Domestic Investigations and Operations Guide
145.21 (U)REQUESTS SENT THROUGH NSC OR MC
(Uf/FOIJO) I he White [louse must 1- quest such information through the NSC staff or I ISC
staff including. but not limited to the NSC Legal and Intelligence Directorates and Office of
C om1num krroricm or through the President ' Intellia.ence Advisor
Advisory Board or the COUflLI
to the President. (AGG-Dom. Part VLD2.a)
(U//FOliO) lithe White I louse sends a request for such information to the FBI without first
sending the request through the entities described above. the request must he returned to the
White House for resubmission.
143.2.2 (U) APPROVAL BY THE ATTORNEY GENERAL
(UIIFOUO) Compromising information concerning domestic officials or domestic political

organizations. or information concerning activities of USPERs intended to affect the political
process in the United States. may be disseminated to the White House only with the approval
oldie Attorney General, based on a determination that such dissemination is needed for
foreign Intelligence purposcs for the purpose of protecting 4agauist international tcrionsm or
other threats to the national security, or ('Or the conduct of ibreigu aftitirs. Such approval is not
required. however. Ibr dissemination to the White House of information concerning etThrts of
Ibreign intelligence services to penetrate the White House or concerning contacts by While
House personnel with foreign intelligence service Personnel.(AGGDom. Part \'I..D.2.h)
14.5.2.3 (U) INFORMATION SUITABLE FOR DISSEMINATION
(U//FOliO) Examples of the type of information that is suitable for dissemination to the
White Ilouse on a routine basis includes. but is not limited to (AGG4om, Part VLD2.c):
Al t U/JFOUO} Information concerning international terrorism:
B tU 'FOliO) Information concerning activities of foiein tntclltgcncc services in the United
States:
C) (U/R)Uth Information indicative of imminent IiostiIiik involving any foreign power:
D (li//FOlio) Information concerning potential cyber threats to the United States or its allies:
L) (U/40-0 t (ii lnlornrrtion indicative otpolicy positions adopted by torugn otticrils
governments, or powers. or their reactions to United States foreign policy initiatives:
1) (U FOUO) Information relating to possible changes in leadership positions of lorcign
governments, parties, factions, or powers;
G) Of FOLiO) Intoi mation concuning foreign economic or foreign political nriltcrs that ought
have national security ramifications: and
H-) (U//FoliO) lnlbrmation set forth in regularly published national intelligence i'equircmenis.
14.5,2.4 (U) NOTiFICATION OF COMMUNICATIONS
(U//FOliO) Communications by the Ff31 to the White I louse that relate to a national security
muter and concern a litigation issue for a specific puiding incsugauon must be made knosn
to the 0111cc oldie Attorney General. the 0111cc of the Deputy. Attorney General. or the
0111cc of the Associate Attorney General. White House policy may limit or prescribe the
White liouse personnel who may request information concerning such issues from the FBI
(AGG-Dom Part V1.13.2.4
14-6
UNCLASSIFIED - FOR OFFICIAL USE O V
APP'X 049
Case 3:17-cv02692-M Document 10 Filed 01/11/18 Page 52 of 107 PagelD 161

Domestic InvestiQations and Operations Guide 14
14.5.2.5 (U) DISSEMINATION OF INFORMATION RELATING TO BACKGROUND INVESTIGATIONS
(U//FcUO) The Limitations on dissemination of inkrmation by the FBI to the White [louse
under the AGGDom do not apply to dissemination to the White House of information
acquired in the course of an FBI investigation requested by the White [louse into the
background of a potential employee or appointee, or responses to requests from the White
House under E.O. 10450 relating to security requirements for government employment.
(AGG..Dom. Part V1.13.2.e)
14.5.3 (U) CONGRESS
(U//FOUO) FBI employees must work through supervisors and the FBI OCA to keep the
congressional intelligence committees Fully and currentiv informed of the FBI's intelligence
activities as required by the National Security Act of 1947. as amended. Advice on what
activities lLl within the supra of required congressional notification can be obtained from OC\
A Policy Directive is forthcominJ.
14-7
APPX 050

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Case 3:17-cv-02692-M Document 10 Filed 01/11118 Page 1 of 107 PagelD 110

UNITED STATES DISTRICT COURT

APPENDIX IN SUPPORT OF DEFENDANT UNITED STATES OF AMERICA'S

Date: January II, 2018 Respectfully submitted,

JAMES G. TOUFIEY. JR.

Defendant United States' Appendix In Support of Motion to Dismiss- 1

Attorneys for the United States of America

/s/ Phil MacWilliams

Defendant United States' Appendix In Support of Motion to Dismiss- 2

FBI Hare Affidavit

AFFIDAVIT IN SUPPORT OF AN APPLICATION

INTRODUCTION AND AGENT BACKGROUND

entered on duty on November 1, 2014, and, as such, am an investigative or law enforcement

2. 1 have investigated national security cases involving individuals seeking to travel

media applications in support of terrorist activities and/or organizations. Additionally, I have

Academy, and other FBI facilities.

Hendricks conspired to provide material support or resources, as that term is defined in 18

located in the Northern District of Ohio.

will only include a translation for the initial occurrence.

Yale 18, (fulled Slates code, Section 2339B (a) (1)

provides material support or resourcesto a foreign terrorist organization, or attempts or conspires

Authorization Act, Fiscal Years 1988 and 1989)."

Designation ofISIL as a Foreign Terrorist Orgaiiization

change of ISIL's name to Islamic State ("IS").

V ithin the United States.

Arrest and Initial Interview of CW4

designated terrorist organization, being a felon In possession of a firearm, and marijuana

interest in conducting attacks in the United States.

3, 2015 terrorist attack in Garland, Texas:

face. "Abu Harb" also admonished CW4 for selling marjjuana

to kind of put a flag up."

about M:h 25, 2015, by accountrem

16. At the onset of their communications" ii" directed CW4 to choose

enforcement, stating "Make up a new usernan.c (nothing islamic)...." In response, CWi

"®sham reason" in this exchange on Social Media Application #1.

Additional interviews of CW4

information about his communications with Hendricks.

was not able to travel at that particular time.

Case&j Pc4Mi 107PaaelD 121

in the United States.

the United States.

to other "brothers" for recruitment In response to Hendricks' direction, CW-1 provided

to minimize detection from law enforcement.

Corroboration of CW4 's communications will: Hendricks

secure social media application.

27. Communications between CWl and CHS2 also corroborated the

I for selling marijuana.

30. Communications between Hendricks and an undercover FBI employee C`UCE- I

communications between Hendricks and Others

determined to be from Hendricks.

'This meeting was not audio or video recorded.

profile were security precautions. According to Hendricks, if he (Hendricks) determined that

#3 account "lovethehaqq." Based on UCEl's communications with Hendricks when he used

Application #3 account "cantdeny." Hendricks directed UC&4 to transfer their communications

evaluate for potential recruitment.

presence of governmental surveillance. Hendricks offered several suggestions: give

"misinformation to elude something that is about to go down and/or something valuable or

also have ammunition.

UCE1 the following instructions for dealing with potential recruits:

Observe these rules brother..

Application #2 when communicating with other like-minded individuals.

"Anonymizing Software Application #1 provided a network or anonymous internet connection tha 0

enforcement and general questions regarding Islam.

Application #2 account "hereafter." During their April 8, 2015 communication, Hendricks