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SDNY COURT, Exclusive series, Sept 28– 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.

 In the U.S. District Court for the Southern District of New York Magistrates Court where Inner City Press was the only media, Girgis was released on $100,000 bond by Magistrate Judge Robert W. Lehrburger, to be secured by his car within two weeks, see below.

  On February 16 Girgis and his Federal Defenders appeared before SDNY District Judge Alison J. Nathan. There was talk of discovery to be loaded onto a 2 gigabyte hard drive in three weeks.

Jump cut to June 23, 2022: after Judge Nathan's elevation to the Second Circuit Court of Appeals, 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).

  Jump cut to August 14, 2024 when on no public notice Girgis came before Judge Failla to plead guilty - to a mere misdemeanor. Inner City Press was there (how we found out is another story) - thread:

Judge: I understand this is a plea to a misdemeanor [!] See, e.g., beyond Inner City Press,  According to DOJ Girgis "tracked and obtained" information about Egyptian President Abdel Fattah el-Sisi's political rivals. ...

 Judge: I went 11 years without taking a misdemeanor plea... There is no need to waive indictment. How old are you? Girgis: 42  Judge: Are you satisfied with your lawyer? Girgis laughs.

Judge: I'd ask you to take this proceeding more seriously. [Not said in a threatening way] Is there a right to jury trial for this misdemeanor? Federal Defender: A jury of 6, not 12.  Judge: Are you applying to waive the pre-sentencing report? FD for Girgis: Yes. AUSA: We think a PSR could help the court.

 Judge: You are charged with not disclosing on your mail that it was from a foreign power - 22 USC Sections 614(b) and 618. The maximum sentence for this charge is six months in prison  [There was also Girgis' tourism-promoting trip to Egypt for about 100 New York City and Nassau County, New York, police officers that was co-organized by a Pierre Girgis, whom the piece identified as a Capital One banker of Egyptian descent. ]

[Here's what Girgis is being allowed to plead down to: 22 U.S. Code § 614 - Filing and labeling of political propaganda ...who causes to be transmitted in US mail any informational materials for or in the interests of such foreign principal (i) in the form of [etc]

   Judge: Tell me what you did. Pierre Girgis: In Sept 2018 I sent by WhatsApp a document for an Egyptian government counselor in Manhattan, about the draft and Egyptian expatriates. I did not then know that it was wrong Judge: Do you now? Girgis: Yes. 

Judge: Government? AUSA: We have information about meetings with Egyptian officials. Judge: Mr. Girgis, how do you plead? Girgis: Guilty. Judge: I accept your guilty plea 

Federal Defender: For a sentencing in mid September we would use our [non public] mitigation submission which got us this misdemeanor resolution. Judge: Will I get a copy of this mitigation submission? FD: Yes. [But will the public?]

 Judge: I will not order a PSR. Sentencing is set for October 3. FD: We want the bail lien on his car lifted, and to not report to Pre Trial Services, even online.  Judge: I'll issue a new order - inform PTS of travel. Adjourned

On September 27, the US Attorney's Office wrote in asking, as sentence on October 15, for three years probation.

More on X for Subscribers here & Substack here

Back on November 29, 2022, on the eve of a scheduled status conference, Federal Defenders wrote it to propose pushing their time for a motion to compel to March 31, 2023, citing "lead defense counsel's trial scheduled in US v. Saipov" (which Inner City Press is also covering). Letter on Patreon here.

On November 30 at 11:30 am, Inner City Press went to the courtroom (lobby) at the time appointed for the status conference. But the door was locked. An hour later, this was docketed: "ENDORSED LETTER as to Pierre Girgis addressed to Judge Katherine Polk Failla from Attorney Hannah McCrea. dated November 29, 2022 re: On behalf of the parties, we write to respectfully update the Court regarding the status of discovery in this case and to propose a motion schedule for the defense's anticipated motion to compel certain documents and other items material to Mr. Girgis's defense and motion preparation, including materials implicating the propriety of electronic surveillance conducted pursuant to the Foreign Intelligence Surveillance Act (FISA)."

On April 28, 2023, Girgis' lawyers filed a motion for among other things the FISA warrants and all information about the role of Charles McGonigal, now himself indicted, citing McGonigal's charged misconduct.

In mid July 2023 the case was pushed further back: "MEMO ENDORSEMENT as to Pierre Girgis (1) granting [38] LETTER MOTION addressed to Judge Katherine Polk Failla from AUSA dated July 12, 2023 re: adjournment request. ENDORSEMENT: Application GRANTED. The Court adopts the parties' proposed briefing schedule. Additionally, the conference on the motion currently scheduled for August 30, 2023 is hereby ADJOURNED to 10:00 a.m. on October 17, 2023 (Signed by Judge Katherine Polk Failla on 7/12/2023)."

Late on August 4, 2023, the AUSAs filed opposition to Girgis' motion to compel. It recounted among other things who from Egypt's Mission to the UN Mohammed Hassan Elsayed directed Girgis to go after "Activist-1 and Activist-2." The filing has a declaration and claim of privilege from AAG for National Security Matthew G. Olsen.

Previously Dallack told Judge Nathan that Girgis has been receiving death threats, and he linked it to the "tone" of the DOJ's press release. He said Girgis had hired private counsel to make a no-charge pitch and was surprised when he was arrested. He said there is no allegation Girgis took money for spying. Filings are due in March, and in 90 days. Inner City Press will remain on the case.

  But two weeks later Girgis' lawyers wrote in to say the bond was still not secured by Girgis' car and wanting, on consent, until February 4 to comply.

 Girgis' case was assigned to District Judge Alison J. Nathan, who has been nominated for the Second Circuit Court of Appeals. Podcast here.

On March 30, Girgis' lawyers wrote to Judge Nathan to ask on consent for delay to May 2 as the US on March 9 gave thousands of documents and forensic cell phone extractions.

From 2014 to 2019, GIRGIS, a native of Egypt, acted in the United States as an agent of the Egyptian government, without notifying the U.S. Attorney General as required by law. GIRGIS operated at the direction and control of multiple officials of the Egyptian government in an effort to further the interests of the Egyptian government in the United States. Among other things, at the direction of Egyptian government officials, GIRGIS tracked and obtained information regarding political opponents of Egyptian president Abdel Fattah el-Sisi.

 GIRGIS also leveraged his connections with local U.S. law enforcement officers to collect non-public information at the direction of Egyptian officials, arranged benefits for Egyptian officials who were visiting Manhattan, and coordinated meetings between U.S. and Egyptian law enforcement in the United States, including by attempting to arrange for Egyptian officials to attend police trainings.  

   On or about May 7, 2018, GIRGIS discussed his status as an agent of the Egyptian government with an Egyptian official (“Egyptian Official-1”) using an encrypted messaging application. During the conversation, Egyptian Official-1 expressed frustration that GIRGIS had communicated with personnel from a different Egyptian government agency, warned GIRGIS that “it is not possible to open with all the agencies,” and stated that Egyptian Official-1 was “letting you [GIRGIS] open with us only.”

 Later in the encrypted messaging exchange, Egyptian Official-1 advised GIRGIS that other Egyptian government agencies “want sources for themselves, and you [GIRGIS] have become an important source for them to collect information.” GIRGIS responded, “I know and I see and I learn from you,” and then informed Egyptian Official-1, “it will not be repeated again.”    

 Approximately one year later, on or about March 8, 2019, in the course of GIRGIS’s continuing operations as an Egyptian agent, GIRGIS and Egyptian Official-1 discussed an upcoming trip of certain Egyptian officials to the United States. During that telephone conversation, GIRGIS stated, “Tell me what you want me to do,” and Egyptian Official-1 responded by inquiring about GIRGIS’s relationship with a particular U.S. law enforcement officer. Egyptian Official-1 then instructed GIRGIS “to ask [the U.S. law enforcement officer] for something. We want you to find out if there are any police trainings happening in Manhattan in the coming days, and if so, who are the people in charge of these trainings? We would like to attend.” Later in the conversation, GIRGIS again asked, “What you want me to do?” Egyptian Official-1 directed GIRGIS, “Make follow up, Ok?” and GIRGIS agreed by responding, “Ok.”   

 GIRGIS, 39, is a resident of Manhattan. GIRGIS is charged with one count of conspiring to act as an agent of a foreign government without notifying the Attorney General, which carries a maximum sentence of five years in prison, and one count of acting as an agent of a foreign government without notifying the Attorney General, which carries a maximum sentence of 10 years in prison.

The level of diplomatic sleaze is expanding, particular in New York where the United Nations is based but remains immune from the law. Inner City Press is on the case.

This case is US v. Girgis, 22-cr-6 (Failla)

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