Based "Incel" YouTuber Smooth Sanchez facing federal charge for NYC bomb hoax: released on bail, hearing transcript released

PPEcel

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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: :fbi::fbi::fbi:
FBI Assistant Director William F. Sweeney Jr. said: “Whether real or perceived, a threat of violence is a serious action with real-life consequences. In this case, Sanchez’s alleged behavior carries the potential for a federal prison sentence. Anyone who intends to carry out a similar hoax should know that the FBI’s JTTF is ready and willing to respond.”

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:
Judge McMahon: ...anybody who thinks what I saw in the video was funny is definitely in need of mental healthcare, definitely.

Mr. Kaminsky: Your Honor, the videos clearly aren't funny.

Judge McMahon: They're not funny.

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.
Judge McMahon: It's my assessment that if he's kept in his parents' home 24/7 on a monitoring bracelet, he does not present a serious risk of nonappearance. Do you want to argue danger?

AUSA Lasky: If your Honor is saying that danger is not pertinent because we're not capable of getting to that place, then I won't waste the Court's time, your Honor.

Judge McMahon: Well, yeah, because I just don't think you even come close on nonappearance. I really don't.

AUSA Lasky: Understood.

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.
AUSA Lasky: The government also does raise the argument about serious risk that the defendant will threaten or intimidate witnesses --

Judge McMahon: There's absolutely no proof that this defendant would threaten or intimidate a witness or that he even would know how to do so. His crimes, the things he's done that I've seen on tape, involved his going up to total strangers. He doesn't know their names, he doesn't know where they live. How is he supposed to intimidate them?

AUSA Lasky: There is at least one incident, your Honor, where a person associated with one of the macing victims calls 911, her contact information was posted as part of his video. His followers, as I understand it, have since actually doxxed her, meaning they have sent her text messages and posted her information.

Judge McMahon: Has he?

AUSA Lasky: No, your Honor, but I'm saying --

Judge McMahon: Has he violated any of his orders of
protection?

AUSA Lasky: Not as far as I know, your Honor.

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. :feelsLightsaber::feelsLightsaber::feelsLightsaber:

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. :feelshaha::feelshaha::feelshaha:

W @wei#3959 Zer0/∞ @Zer0/∞ curryfool @curryfool BlkPillPres @BlkPillPres Caesercel @Caesercel Copexodius Maximus @Copexodius Maximus your personality @your personality ThoughtfulCel @ThoughtfulCel Transcended Trucel @Transcended Trucel misterbean9 @misterbean9 rope2cope @rope2cope SocialzERo @SocialzERo SelfCrucified @SelfCrucified ThePopeofCope @ThePopeofCope AbsolutelyBrutal @AbsolutelyBrutal Ika-Sama @Ika-Sama solblue @solblue squirrelsonfire2 @squirrelsonfire2 AmIjustDreaming @AmIjustDreaming ldar_ricecel @ldar_ricecel Robtical @Robtical
 
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Copexodius Maximus

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Mecoja

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FFS he was clearly joking and they were laughing.
 
Wellington

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Its obvious that Smooth Sanchez is just trolling and joking around

Why are they even elevating it to federal charges?

I'm glad the judge shut down the prosecution's sleazy attempts to call Sanchez dangerous
 
Robtical

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Mecoja said:
FFS he was clearly joking and they were laughing.
If a rostie did the same thing the cucked cops would refuse to do anything, and if they did millions of cuckiters would cry for her freedom.
 
Transcended Trucel

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Mecoja said:
FFS he was clearly joking and they were laughing.
gay cuckold prosecutor. Hope that cuck gets shanked by some BBC Tyrone
 
Mecoja

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Robtical said:
If a rostie did the same thing the cucked cops would refuse to do anything, and if they did millions of cuckiters would cry for her freedom.

Transcended Trucel said:
gay cuckold prosecutor. Hope that cuck gets shanked by some BBC Tyrone
This is ridiculous, i dont know much about US laws, but here where i live someone to be prosecuted for threats it needs to be proven he had clear intent to do so and that he had the means to do so.
 
Copexodius Maximus

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Transcended Trucel said:
gay cuckold prosecutor. Hope that cuck gets shanked by some BBC Tyrone
:lul::lul::lul:
 
PPEcel

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Transcended Trucel said:
gay cuckold prosecutor. Hope that cuck gets shanked by some BBC Tyrone
the prosecutor is female
 
Linesnap99

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Mecoja said:
FFS he was clearly joking and they were laughing.
if chad would have made the same joke they would suck his dick
 
SelfCrucified

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He was the content king ngl
 
Mecoja

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Linesnap99 said:
if chad would have made the same joke they would suck his dick
Yeah, they run away not because they were scared but because ugly man bothered them.
 
PPEcel

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Mecoja said:
This is ridiculous, i dont know much about US laws, but here where i live someone to be prosecuted for threats it needs to be proven he had clear intent to do so and that he had the means to do so.
well, he wasn't prosecuted for making a threat

he was prosecuted for saying he had a bomb and that it would go off, even though he didn't have one, not that it would be better if he did
 
Mecoja

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PPEcel said:
well, he wasn't prosecuted for making a threat

he was prosecuted for saying he had a bomb and that it would go off, even though he didn't have one, not that it would be better if he did
Either way he would get slap on the wrist and let go home, unless he would do it in large crowd and provoke massive panic or near important person. There were people though getting arrested for joke threats against president and his family.
 
Caesercel

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Holy crap that was based. The look on those roasties
 
PPEcel

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Caesercel said:
Holy crap that was based. The look on those roasties
:feelskek::feelskek:

i really liked the look of the roastie on the right. i mean that face was priceless
 
Caesercel

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PPEcel said:
:feelskek::feelskek:

i really liked the look of the roastie on the right. i mean that face was priceless
The left starts off with the usual face of disgust as an incel approaches her and tries to cover up her face but it quickly turns into fear lmao
 
PPEcel

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Caesercel said:
The left starts off with the usual face of disgust as an incel approaches her and tries to cover up her face but it quickly turns into fear lmao
i cant imagine being so ridiculously low inhib

he doesnt even look that bad
 
misterbean9

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who the fuck is that 30 year old wide skulled giga chad at the end? :feelshaha::feelshaha::feelshaha:
 
BPJ

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our boi will walk free in no time. fuck seething roasties.
 
PPEcel

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misterbean9 said:
who the fuck is that 30 year old wide skulled giga chad at the end? :feelshaha::feelshaha::feelshaha:
Who?
 
Zer0/∞

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So he’s now under home detention, imagine if he streams lessons on how to be more low inhib.

He’s going to be next Martin Shkreli on the internet prior to his 7 year sentence for fraud.
 
misterbean9

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PPEcel said:
the old guy with the cap and wide ass neck saying sanchez "looks like a sand-monkey"
Zer0/∞ said:
So he’s now under home detention, imagine if he streams lessons on how to be more low inhib.

He’s going to be next Martin Shkreli on the internet prior to his 7 year sentence for fraud.
should stream himself on games blackpilling people on voice
 
PPEcel

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Zer0/∞ said:
So he’s now under home detention, imagine if he streams lessons on how to be more low inhib.

He’s going to be next Martin Shkreli on the internet prior to his 7 year sentence for fraud.
Yeah the judge curtailed his internet access so no.

He can only use the internet to contact his lawyer, pretrial services, and healthcare providers.
 
LowInhibMaxxer

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PPEcel said:
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

View attachment 483987


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

View attachment 483989

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: :fbi::fbi::fbi:


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. :feelsLightsaber::feelsLightsaber::feelsLightsaber:

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. :feelshaha::feelshaha::feelshaha:

W @wei#3959 Zer0/∞ @Zer0/∞ curryfool @curryfool BlkPillPres @BlkPillPres Caesercel @Caesercel Copexodius Maximus @Copexodius Maximus your personality @your personality ThoughtfulCel @ThoughtfulCel Transcended Trucel @Transcended Trucel misterbean9 @misterbean9 rope2cope @rope2cope SocialzERo @SocialzERo SelfCrucified @SelfCrucified ThePopeofCope @ThePopeofCope AbsolutelyBrutal @AbsolutelyBrutal Ika-Sama @Ika-Sama solblue @solblue squirrelsonfire2 @squirrelsonfire2 AmIjustDreaming @AmIjustDreaming ldar_ricecel @ldar_ricecel Robtical @Robtical
YES THE KING IS BACK!!!! this is lifefuel, hopefully he streams again after home detention, fuck you seething soy redditors :soy: suck my dick :feelsLightsaber::feelsLightsaber::feelsLightsaber::feelsLightsaber::feelsLightsaber::feelsLightsaber::feelsLightsaber:
 
MarquisDeSade

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Ah, I was wondering who did that. Mystery solved. :feelsjuice:
 
erenyeager

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PPEcel said:
Yeah the judge curtailed his internet access so no.

He can only use the internet to contact his lawyer, pretrial services, and healthcare providers.
It's over
 
0Energy0Happyness

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imagine if an incel bomb attack happened :feelshehe:
 
mNFwTJ3wz9

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Transcended Trucel said:
gay cuckold prosecutor. Hope that cuck gets shanked by some BBC Tyrone
PPEcel said:
the prosecutor is female
Lol'd
Also good thread.
 
Master

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This dude was obviously joking around and had no means or intent to cause harm to anyone.

This should have been dropped, but because "incel" they're dragging this along.
 
PPEcel

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Master said:
This dude was obviously joking around and had no means or intent to cause harm to anyone.

This should have been dropped, but because "incel" they're dragging this along.
tbh 4 months isn't a long time at all

the southern district of new york has a really large backlog at the moment

David Kaufman was arrested in September last year and doesn't yet have a trial date set, i've been monitoring his case but it's moving at a snail's pace