Shkreli, who was found guilty on two counts of securities fraud, caught the Secret Service's attention after he wrote a Facebook post last week that read: "The Clinton Foundation is willing to KILL to protect its secrets". And prosecutors then asked Matsumoto to jail Shkreli, saying in a court filing that "his recent public conduct demonstrates that he can not meet his post-trial burden to show, by clear and convincing evidence, that he does not pose a danger to the community".
Shkreli conceded he used "poor judgment" when he offered $5,000 to anyone who could "grab a hair from her" during Clinton's tour to promote her new book.
Shkreli, who earned the nickname "Pharma Bro" for exploits that included increasing to the price of a life-saving drug by 5,000 percent, apologized for the post in a letter to Matsumoto on Tuesday, calling it an "awkward attempt at humor or satire". The letter was addressed to Matsumoto.
"I understand now that some may have read my comments about Mrs. Clinton as threatening, when that was never my intention when making those comments", Shkreli wrote.
Shkreli's lawyer, Ben Brafman, told CNNMoney: "However inappropriate some of Mr Shkreli's postings may have been, we do not believe that he intended harm and do not believe that he poses a danger to the community".
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Michael Bachner, a leading NY criminal defense lawyer, earlier Wednesday told CNBC he did not believe Shkreli should have his bail revoked. During the campaign, Trump used "political hyperbole", Shkreli's attorneys said, when he said that his Democratic opponent, Hillary Clinton, would abolish the Second Amendment if elected. Twitter banned him from its platform in January for harassing a female journalist, another incident prosecutors cited in their motion to revoke his bail. I apologise for my behaviour and ask you respectfully not to change my bail status so that I may continue to assist my attorneys in preparing for my sentencing.
Nevertheless, Matsumoto sided with prosecutors this evening, reportedly calling the Clinton stunt a "solicitation of assault".
According to the prosecutors, "Since his conviction on August 4, 2017, Shkreli has engaged in an escalating pattern of threats and harassment that warrant his detention pending sentencing".
"He is just incapable of controlling himself", Lefcourt said.