Second Circuit Overturns Douglass Mackey's 2016 Election Interference Conviction After 9 Years

Douglass Mackey, a social media influencer known as "Ricky Vaughn," had his 2016 election interference conviction overturned by the U.S. Court of Appeals for the Second Circuit on July 9, 2025, nearly nine years after the initial incident. The court found insufficient evidence that Mackey knowingly conspired to deprive citizens of their right to vote through deceptive social media posts. This decision reverses a March 2023 conviction and a subsequent seven-month prison sentence.

Mackey was originally convicted for his role in disseminating fraudulent messages during the 2016 presidential election, encouraging Hillary Clinton supporters to "vote" via text message. These memes, designed to resemble official Clinton campaign ads, targeted specific demographics, including Black and Latino voters. Prosecutors stated that at least 4,900 unique phone numbers texted the provided number, believing it to be a valid voting method.

The three-judge appellate panel, led by Chief Judge Debra Ann Livingston, ruled that while Mackey may have posted the misleading memes with intent to injure voting rights, the government failed to prove he knowingly entered into a conspiracy with others. The court emphasized that the prosecution's primary evidence, consisting of exchanges in private Twitter message groups, did not sufficiently demonstrate Mackey's awareness or participation in these alleged conspiratorial discussions. "The government failed to offer sufficient evidence that Mackey even viewed—let alone participated in—any of these exchanges," the court stated.

Following the ruling, Mackey expressed his elation on social media, posting "HALLELUJAH!" on X. His legal team, led by Andrew Frisch, stated they were "overjoyed that the Second Circuit has vindicated Mr. Mackey and validated the arguments in his defense that we made at trial." The case has been a focal point for right-wing activists who argued Mackey was a victim of political persecution, framing the conviction as an attack on free speech and satire.

Mackey was sentenced to seven months in prison in October 2023 but remained free on bail pending his appeal. The Second Circuit's decision remands the case to the U.S. District Court in the Eastern District of New York with orders for a judgment of acquittal. This ruling underscores the high legal bar for proving criminal conspiracy in online speech cases, particularly those involving deceptive content aimed at influencing elections.