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Appeals court throws out right-wing influencer’s conviction for 2016 election interference

EASTERN DISTRICT OF NEW YORK, JUL 9 – The Second Circuit ruled there was insufficient evidence that Douglass Mackey knowingly conspired to suppress votes despite 5,000 people following his meme’s false instructions, court records show.

  • A federal appeals court in Manhattan vacated Douglass Mackey’s 2023 conviction related to spreading false information on social media aimed at reducing support for Democratic voters during the 2016 U.S. presidential race.
  • Mackey was convicted in March 2023 of conspiracy against rights for posting memes that falsely told Democrats they could vote for Hillary Clinton via text or social media, misleading about 5,000 people between September and November 2016.
  • At trial, prosecutors presented private Twitter messages as evidence of intent to interfere with voting rights, but the 2nd Circuit judges found no proof Mackey knowingly joined a conspiracy or that the memes caused anyone to fail voting properly.
  • A three-judge panel headed by Chief Judge Debra Ann Livingston ruled that simply sharing memes, even if done with the purpose of harming others' voting rights, does not by itself satisfy the requirements to establish a conspiracy charge under the law.
  • The appeals court ordered a judgment of acquittal, and Mackey welcomed the decision while threatening legal action against the Justice Department, implying the ruling challenges prosecution standards for online election interference.
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Townhall broke the news in Washington, United States on Wednesday, July 9, 2025.
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