Making a new thread because today I received a transcript of the bail hearing of Sanchez (transcripts are locked for 90 days, so I won't know the details of a May hearing until August). A very entertaining read.
Background
While livestreaming back in February 2021, a self-identified incel, 19-year-old Malik "Smooth" Sanchez randomly approached two femoids who were dining in the outdoor seating area of a New York City restaurant and allegedly said, "Allahu Akbar. Allahu Akbar. Bomb detonation in two, in two minutes. I take you with me and I kill all you. I kill all you right now. And I kill all you for Allah."
This very video is still available on YouTube and the incident begins at time mark 3:26:30. Yes, he recorded and uploaded a video of himself committing a federal crime. Talk about being low inhib.
Initial hearing — bail denied
Two months later, in April 2021, FBI Special Agent Ryan Symons of the Joint Terrorism Task Force ("JTTF") arrests Sanchez for "false information and hoaxes" concerning an act of terrorism under 18 U.S.C. § 1831(a)(1) and files a corresponding complaint in the U.S. District Court for the Southern District of New York. The complaint is replete with references to the incel community and incel memes.
From the U.S. Department of Justice's press release:
U.S. Magistrate Judge Ona T. Wang denies Sanchez bail. He is indicted and faces a statutory maximum of 5 years' imprisonment, though federal sentencing guidelines suggest it is more likely he will receive a far shorter sentence.
Sanchez's lawyer appeals
Sanchez's public defender, Clay Kaminsky appeals to U.S. District Judge Colleen McMahon, arguing that Sanchez should be freed pending trial, describing the incident as a "puerile stunt", arguing that Sanchez's "incel language" reflects his misguided desire for online fame, not terrorism.
Federal prosecutors disagreed. One week later, Assistant U.S. Attorney Kaylan Lasky files a memo referencing not only Sanchez's history of petty crimes, but his incel content and "go ER" jokes, arguing that his support of "incel's ideology" and affiliation with the incel subculture is "clear and convincing evidence" that he poses "a danger to the community".
A bail hearing was held the next day. Here is what Judge McMahon had to say about Sanchez's incel fans:
However, when pressed by the judge, the prosecutor ultimately declined to orally argue that "go ER" statements and "incel's ideology" constituted "clear and convincing convince" of dangerousness.
She, however, tried to argue that Sanchez and his followers might risk trying to "threaten or intimidate" witnesses. But the judge was not having it.
Ultimately, the judge sided with Sanchez's lawyer and decided to free him on bail with home detention and other conditions; Sanchez was also arraigned and plead not guilty the same day.
The next hearing is scheduled for mid-September 2021.
Commentary
Vague statements made in jest — such as "go ER" or "don't blame me if I go ER" — do not by themselves constitute "clear and convincing evidence" that an individual presents a danger to the community, and consequently the government could not meet the required standard of proof and overcome Sanchez's presumption to pretrial release in this particular case.
Unlike what Redditors would have you believe, connecting Malik to the wider incel community does not override his constitutional rights to due process. The judge made a based decision.
Background
While livestreaming back in February 2021, a self-identified incel, 19-year-old Malik "Smooth" Sanchez randomly approached two femoids who were dining in the outdoor seating area of a New York City restaurant and allegedly said, "Allahu Akbar. Allahu Akbar. Bomb detonation in two, in two minutes. I take you with me and I kill all you. I kill all you right now. And I kill all you for Allah."
This very video is still available on YouTube and the incident begins at time mark 3:26:30. Yes, he recorded and uploaded a video of himself committing a federal crime. Talk about being low inhib.
Initial hearing — bail denied
Two months later, in April 2021, FBI Special Agent Ryan Symons of the Joint Terrorism Task Force ("JTTF") arrests Sanchez for "false information and hoaxes" concerning an act of terrorism under 18 U.S.C. § 1831(a)(1) and files a corresponding complaint in the U.S. District Court for the Southern District of New York. The complaint is replete with references to the incel community and incel memes.
From the U.S. Department of Justice's press release:
U.S. Magistrate Judge Ona T. Wang denies Sanchez bail. He is indicted and faces a statutory maximum of 5 years' imprisonment, though federal sentencing guidelines suggest it is more likely he will receive a far shorter sentence.
Sanchez's lawyer appeals
Sanchez's public defender, Clay Kaminsky appeals to U.S. District Judge Colleen McMahon, arguing that Sanchez should be freed pending trial, describing the incident as a "puerile stunt", arguing that Sanchez's "incel language" reflects his misguided desire for online fame, not terrorism.
Federal prosecutors disagreed. One week later, Assistant U.S. Attorney Kaylan Lasky files a memo referencing not only Sanchez's history of petty crimes, but his incel content and "go ER" jokes, arguing that his support of "incel's ideology" and affiliation with the incel subculture is "clear and convincing evidence" that he poses "a danger to the community".
A bail hearing was held the next day. Here is what Judge McMahon had to say about Sanchez's incel fans:
However, when pressed by the judge, the prosecutor ultimately declined to orally argue that "go ER" statements and "incel's ideology" constituted "clear and convincing convince" of dangerousness.
She, however, tried to argue that Sanchez and his followers might risk trying to "threaten or intimidate" witnesses. But the judge was not having it.
Ultimately, the judge sided with Sanchez's lawyer and decided to free him on bail with home detention and other conditions; Sanchez was also arraigned and plead not guilty the same day.
The next hearing is scheduled for mid-September 2021.
Commentary
Vague statements made in jest — such as "go ER" or "don't blame me if I go ER" — do not by themselves constitute "clear and convincing evidence" that an individual presents a danger to the community, and consequently the government could not meet the required standard of proof and overcome Sanchez's presumption to pretrial release in this particular case.
Unlike what Redditors would have you believe, connecting Malik to the wider incel community does not override his constitutional rights to due process. The judge made a based decision.
@wei#3959 @Zer0/∞ @curryfool @BlkPillPres @Caesercel @Copexodius Maximus @your personality @ThoughtfulCel @Transcended Trucel @misterbean9 @rope2cope @SocialzERo @SelfCrucified @ThePopeofCope @AbsolutelyBrutal @Ika-Sama @solblue @squirrelsonfire2 @AmIjustDreaming @ldar_ricecel @Robtical
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