Overview

• On July 9, 2025, the Second U.S. Circuit Court of Appeals vacated Mackey’s March 2023 conviction and remanded the case with instructions to enter a judgment of acquittal.
• The panel held that merely posting false vote-by-text memes does not meet Section 241’s requirement for a coordinated agreement among two or more persons.
• Judges cited the absence of any proof that Mackey viewed or participated in private Twitter groups like “War Room,” which prosecutors argued formed the alleged scheme.
• Court records noted that Mackey downloaded the memes from 4chan and appended the #MAGA hashtag, undermining the theory that he intended to deceive Clinton supporters.
• Mackey has signaled plans to file lawsuits seeking to restore his rights and challenge the Justice Department’s application of the conspiracy statute to online expression.