Court overturns conviction of pro-Trump influencer who spread Hillary Clinton memes to vote by text message in 2016

A Second Circuit Court of Appeals overturned the criminal conviction against Douglass Mackey, an influencer known on social media as Ricky Vaughn, who had been found guilty in 2023 of conspiring to interfere with the right to vote during the 2016 presidential election.

Mackey was charged for sharing memes that told Democratic voters - especially Hillary Clinton supporters - that they could vote by sending a text message, which is not legally valid. Mackey was convicted in 2023 on conspiracy charges and sentenced to seven months in federal prison.

However, the court unanimously concluded that there was insufficient evidence to show that Mackey deliberately conspired with others to suppress the vote.

Presiding Judge Debra Ann Livingston, joined by Judges Reena Raggi and Beth Robinson, signed the decision directing the district court to enter an acquittal.

"A Section 241 conviction requires proof that the defendant knowingly entered into an unlawful agreement. Here, no 'rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt'", the decision stated.

"The jury’s verdict and the resulting judgment of conviction must be set aside", added Chief Judge Debra Ann Livingston.

The decision is a triumph for Douglass Mackey who, in the run-up to the 2016 election, gathered nearly 58,000 followers on Twitter.