| Client Name: | Warren Clark |
| Case Name: | USA v. Clark |
| Date Filed: | Original Indictment Filed: 01/23/2019
Superseding Indictment Filed: 06/29/2022 |
| Date Closed: | Clark accepts a plea agreement: 10/10/2023.
Sentencing: 02/08/2024 |
| Legal Department: | National Security Criminal Defense Center |
| Age: | N/A |
| Gender: | Male |
| Race/Ethnicity: | Black |
| Location: | Sugar Land, Texas; Southern District of Texas |
| Occupation: | English Teacher |
| Issues: | Whether Mr. Clark’s association with ISIS was protected under the 1st Amendment when he refused to act at their direction or under their control, absent permission to work in his chosen field as a teacher.
Mr. Clark’s desire to live in ISIS territory without providing support to them under their direction or controlalso was a point at issue. The statements Mr. Clark made to family about not wanting to fight and only working in an administrative capacity, or wanting to work as a teacher support the idea that Mr. Clark did not want to support ISIS’s terrorist activities. Further, the fact that Mr. Clark spent significant amounts of time in ISIS prisons there supports the argument that Mr. Clark was not providing ISIS support. MLFA could have argued that Mr. Clark believed he could operate independently, even if he knew and intended to be in their territory, offering services like teaching or helping the sick. But even non-violent support constitutes a violation of the statute, and the other evidence would leave the distinct impression that Mr. Clark supported ISIS ideologically, Mr. Clark also received military training from them under their direction and control |
| MLFA’s Role | MLFA was initially contacted by Mr. Clark’s court appointed counsel to act as an expert consultant and to assist in evaluating the evidence and developing the legal argument for Count One and factual arguments for Count Two. MLFA developed the legal argument for Count One, including a proposed jury instruction recognizing Mr. Clark’s 1st Amendment protections of Free Association. Thereafter, MLFA assisted in negotiating the plea bargain. |
USA v. Clark (Criminal Docket #: 3:19-cr-00002)
Case Description:
Mr. Clark is a 39-year-old U.S. citizen and African American revert to Islam. In 2011, Mr. Clark made political statements online supporting Al-Shabaab and denouncing the U.S. role in Iraq and Afghanistan. Despite the statements being protected by the First Amendment, they drew the attention of the FBI, whose subsequent investigation of Mr. Clark caused him to lose his teaching position. After being unable to find employment, Mr. Clark took teaching contracts, first in Saudi Arabia, then in Turkey.
While overseas, Mr. Clark became intrigued by the propaganda being distributed by ISIS. In 2015, he traveled from Turkey to Syria in order to learn more about ISIS and if they proved to be a “true version of Islam,” to join them. Mr. Clark, however, was adamant that he was nonviolent and would not participate in military activities.
Mr. Clark’s adherence to nonviolence was immediately put to the test by ISIS. After entering Syria, Mr. Clark was then taken directly to an ISIS processing camp, his devices were seized, and he was given religious training. He was then moved to a building for men used for rudimentary weapons training where he was issued a firearm and taught how to shoot it. At this point ISIS wanted to assign Mr. Clark a job fighting but he refused, noting his disability (a glass eye). Mr. Clark says he was arrested by ISIS for the first time at this point and held in an ISIS prison. He says because of the way ISIS ran their territory he had no control in what he did, where he went, etc. He refused to fight and asked to be able to pursue work as ateacher at the University of Mosul. He was not allowed to do this.
His protests at being detained in the ISIS prison led to his eventual release. He then bought himself an oven and would bake pies and bread to sell. He was a registered civilian at this point. Mr. Clark was again arrested by ISIS. He again protested his detention and continued to refuse to fight. He was released again and then worked as a vendor, buying what he could from trucks with food and beverages and reselling them.
In 2019, Mr. Clark was taken into custody by the Syrian Democratic Forces and returned to the United States. On January 23, 2019, Mr. Clark was indicted on one count of attempting to provide material support to ISIS in violation of 18 U.S.C. 2339B.
OUTCOME
Recognizing the potential legal defense, the government filed a superseding indictment charging Mr. Clark with a second count of conspiring to provide material support in violation of 2339B(a)(1). The second count was based on conversations Mr. Clark had with a 17-year-old Palestinian living in Demark, concerning ISIS. In these conversations, the 17-year-old informed Mr. Clark that he wanted to travel to Syria for “martyrdom.” Mr. Clark agreed to help the young man, and they discussed going together. Thereafter, the young man chose not to travel and Mr. Clark proceeded on his own from Turkey. Although the young man never went, the agreement to go together, if proven at trial, was legally sufficient to constitute a conspiracy under Sec. 2339B.
Without a legal defense to Count Two, Mr. Clark pled guilty to Count Two in exchange for the government dropping Count One and agreeing to a maximum sentence of 10 years.
