Appeals court overturns pro-Trump influencer’s conviction
A federal appeals court unanimously overturned the 2023 conviction of pro-Trump influencer Douglass Mackey, who was found guilty of conspiracy against rights for spreading false voting misinformation aimed at suppressing Democratic support for Hillary Clinton during the 2016 election. The U.S. Court of Appeals for the Second Circuit ruled that the evidence presented by Biden-era prosecutors failed to prove that Mackey knowingly conspired with others to influence the election. Even though Mackey had posted misleading memes that fooled around 5,000 people into voting for Clinton via text or social media, the court found insufficient proof he participated in any group conspiracy as required by law. The conviction and seven-month prison sentence were therefore set aside. Mackey welcomed the ruling and indicated plans for legal action against the Justice Department, while the prosecuting U.S. attorney’s office declined to comment.
Appeals court overturns pro-Trump influencer’s conviction for spreading 2016 voting misinformation
A federal appeals court on Wednesday unanimously overturned the 2023 conviction for pro-Trump influencer Douglass Mackey, who was found guilty of conspiracy against rights for spreading voting misinformation to suppress Democratic support for Hillary Clinton during the 2016 election.
A three-judge panel on the U.S. Court of Appeals for the Second Circuit ordered a lower court to enter a judgment of acquittal after finding that trial evidence brought by Biden-era federal prosecutors failed to prove Mackey conspired with others to influence the election at the time.
“The government was obligated to show that Mackey knowingly entered into an agreement with other people to pursue that objective,” Chief Judge Debra Ann Livingston, joined by Judges Reena Raggi and Beth Robinson, wrote. “This the government failed to do.”
Mackey posted false memes that misled Democrats to vote for Clinton by text or social media, tricking about 5,000 people into doing so. He had 58,000 followers at the time.
In a commonly reported instance, Mackey posted an image of a black woman standing in front of an “African Americans for Hillary” sign. The post that Mackey made said the Clinton campaign paid for the promotion and included her campaign slogan, “I’m with Her.”
The man was convicted in March 2023 and later sentenced to seven months in federal prison.
Livingston said the jury’s verdict and subsequent conviction “must be set aside” because the appeals court did not find Mackey engaged in a conspiracy involving two or more people as defined under U.S. Code Section 241.
Prosecutors cited exchanges in several private Twitter message groups that indicated participants intended to interfere with others’ right to vote in 2016, using those communications as evidence in the case. However, they did not prove Mackey engaged in the group chats.
“The government failed to offer sufficient evidence that Mackey even viewed—let alone participated in any of these exchanges,” the judges wrote. “And in the absence of such evidence, the government’s remaining circumstantial evidence cannot alone establish Mackey’s knowing agreement.”
Livingston and Raggi were appointed by former President George W. Bush, while Robinson was appointed by former President Joe Biden.
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Mackey welcomed Wednesday’s order, saying on social media he has been vindicated. He is threatening legal action over his conviction against the Justice Department, now under the Trump administration.
The U.S. attorney’s office in the Eastern District of New York, which prosecuted Mackey, declined to comment to multiple news outlets.
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