| 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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