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Second Circuit Vacates Mackey’s Election-Interference Conviction

The unanimous panel ruled that posting satirical vote-by-text memes alone cannot support a Section 241 conspiracy charge without proof of an agreement among multiple actors.

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Douglass Mackey, who the feds say went by the Twitter name Ricky Vaughan, was allegedly a prominent anonymous anti-Semite, racist and Trump-booster online before the 2016 election.

Overview

  • The court ordered the Eastern District of New York to enter a judgment of acquittal and vacate Mackey’s seven-month sentence.
  • Judges emphasized that Section 241 requires evidence of a coordinated agreement, not merely isolated acts of misinformation.
  • Although about 5,000 people texted the meme code, automated warnings prevented any actual voting errors and no one was shown to have been misled.
  • The panel found no proof that Mackey participated in private Twitter “War Room” chats cited by prosecutors as the basis for a conspiracy.
  • Mackey immediately announced plans to sue the Justice Department, arguing that his prosecution misapplied a Reconstruction-era statute to protected political speech.