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Girgis Charged As Agent of Egypt UN Mission Argues for FISA Materials Citing McGonigal

By Matthew Russell Lee, Patreon

SDNY COURT, Exclusive series, Nov 15 – In another illegal spying or representation case, alongside Eastern District of New York prosecutions of a UN-affiliated Iranian spy and an NYPD officer reporing to China's Mission to the UN about Tibetans in New York, on January 6 the Southern District of New York unsealed an indictment charging PIERRE GIRGIS, a dual Egyptian and U.S. citizen, with acting and conspiring to act in the United States as an unregistered agent of the Arab Republic of Egypt.

Jump cut to June 23, 2022:  Girgis' case was reassigned to Judge Katherine Polk Failla, who held an in-person conference which Inner City Press attended, one of two people in the gallery. (The other was a Girgis relative or supporter).

On November 15, 2023, Inner City Press attended the oral argument, thread:

OK - now at challenge to FISA warrant in Egypt spying case of Girgis. Federal Defender is trashing Rule 41 warrant affiant Connors.

FD: We understand McGonigal led a briefing to NYPD, we have a right to the damage evaluation report. What we have gotten is heavily redacted. Judge: I can go in cameraFD: They used EO 12333, they surveilled Girgis overseas...

Judge: The government will tell me what they can tell me. [Note: the CISO, Daniel Hartenstine,  is in the jury box, like in cases of Somali Cholo (pro se) and before that, Joshua Schulte, #BrutalKangaroo]

Judge: If I go in camera, I may return and say, There is nothing I can disclose to you. AUSA: That Flanagan's criminal history was not disclosed in the warrant application is not enough. Probable cause did not turn on that.

 Judge: If I find a Franks violation, do they get the FISA material? AUSA: No, but for reasons I won't discuss in this setting. We could do a Section 2. Here there were alleged clandestine activities, we minimized as much as we could

 AUSA: The FISA procedures are working appropriately here. There is no need for adversary proceedings. Judge: I want to believe that... I have reviewed a drawer of materials. But how do I evaluate the minimization? Maybe we have to go under Section 2

 FD: FISA doesn't mandate cutting us out. Judge: I won't do the classified proceeding just now.


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