Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Court of Appeals Overturns Douglass MacKey Conviction (Election Meme)
Electionlawblog ^ | 7/9/25 | court

Posted on 07/09/2025 8:05:38 AM PDT by CFW

Defendant-Appellant Douglass Mackey (“Mackey”) appeals from a judgment of conviction entered on October 25, 2023 after a jury trial in the United States District Court for the Eastern District of New York (Donnelly, J.). Mackey was convicted of conspiring to injure citizens in the exercise of their right to vote in violation of 18 U.S.C. § 241 based on three memes he posted or reposted on Twitter shortly before the 2016 presidential election.

These memes falsely suggested that supporters of then-candidate Hillary Clinton could vote by text message. On appeal, Mackey argues, inter alia, that the evidence was insufficient to prove that he knowingly agreed to join the charged conspiracy. We agree.

Accordingly, we REVERSE Mackey’s conviction and REMAND the case to the district court with instructions to enter a judgment of acquittal.

(Excerpt) Read more at electionlawblog.org ...


TOPICS:
KEYWORDS: appealscourt; elections; mackey; meme
A great win for MacKey, the First Amendment, and commons sense.
1 posted on 07/09/2025 8:05:38 AM PDT by CFW
[ Post Reply | Private Reply | View Replies]

To: CFW

That was absolutely a miscarriage of justice

Those that prosecuted him are the ones that should be prosecuted


2 posted on 07/09/2025 8:07:36 AM PDT by digger48 (Mp)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CFW

LOL That should read “common” sense.

Here is the link to the 41 page opinion.

https://electionlawblog.org/wp-content/uploads/mackey-2d-circuit-opinion.pdf

By: LIVINGSTON, Chief Judge, RAGGI, and ROBINSON, Circuit Judges.


3 posted on 07/09/2025 8:07:53 AM PDT by CFW
[ Post Reply | Private Reply | To 1 | View Replies]

To: CFW

The Left won’t be happy, and we need the Meme the Left not being happy.


4 posted on 07/09/2025 8:08:24 AM PDT by Texan4Life
[ Post Reply | Private Reply | To 1 | View Replies]

To: CFW
Lower Court, "We don't see the joke."

Court of Appeals rules, "Obvious joke is obvious."

Thank you.

5 posted on 07/09/2025 8:09:00 AM PDT by Harmless Teddy Bear ( Not my circus. Not my monkeys. But I can pick out the clowns at 100 yards.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CFW

Woo Hoo!

“Ricky Vaughn” is finally exonerated!

Shadilay!


6 posted on 07/09/2025 8:10:47 AM PDT by pburiak (You really think we can vote our way out of this? That's so cute...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: digger48

Right on


7 posted on 07/09/2025 8:12:50 AM PDT by SaveFerris (Luke 17:28 ... as it was in thays of Lot; They did Eat, They Drank, They Bought, They Sold ......)
[ Post Reply | Private Reply | To 2 | View Replies]

To: CFW

I presume the DOJ officials involved were fired, right?

RIGHT?


8 posted on 07/09/2025 8:13:56 AM PDT by TheThirdRuffian (Orange is the new brown)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Harmless Teddy Bear

The left has no sense of humor. None whatsoever.

Thankfully, judges on the appeals court at least recognized the humor.


9 posted on 07/09/2025 8:14:31 AM PDT by CFW
[ Post Reply | Private Reply | To 5 | View Replies]

To: TheThirdRuffian

They celebrated the conviction two years ago. I’m not sure how they are feeling today or even if the then prosecuting attorneys are still employed there.

US Attorney EDNY
@EDNYnews
·
Mar 31, 2023
The verdict is in: Douglass Mackey has been found guilty.


10 posted on 07/09/2025 8:16:34 AM PDT by CFW
[ Post Reply | Private Reply | To 8 | View Replies]

To: digger48

In other breaking news:

BREAKING: Biden’s White House doctor pleads the Fifth Amendment, refuses to testify at House hearing on Biden’s mental health.


11 posted on 07/09/2025 8:17:49 AM PDT by CFW
[ Post Reply | Private Reply | To 2 | View Replies]

To: CFW
BREAKING: Biden’s White House doctor pleads the Fifth Amendment, refuses to testify at House hearing on Biden’s mental health.

How does he plead the fifth w/o even testifying? Was it in writing as a response?

12 posted on 07/09/2025 8:20:36 AM PDT by 1Old Pro
[ Post Reply | Private Reply | To 11 | View Replies]

To: CFW
Oh yes. Their battle cry is "That's Not FUNNY!"

My response is generally, "It was funny but now it is hilarious!"

13 posted on 07/09/2025 8:23:40 AM PDT by Harmless Teddy Bear ( Not my circus. Not my monkeys. But I can pick out the clowns at 100 yards.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: 1Old Pro

Biden’s former doctor refuses to answer questions in House testimony, citing patient privilege and the Fifth Amendment

https://www.yahoo.com/news/bidens-former-doctor-refuses-answer-144008729.html


14 posted on 07/09/2025 8:25:57 AM PDT by CFW
[ Post Reply | Private Reply | To 12 | View Replies]

To: Harmless Teddy Bear

15 posted on 07/09/2025 8:26:39 AM PDT by dfwgator (Endut! Hoch Hech!)
[ Post Reply | Private Reply | To 13 | View Replies]

To: CFW

Yep, he’s not gonna be the fall guy.


16 posted on 07/09/2025 8:31:41 AM PDT by 1Old Pro
[ Post Reply | Private Reply | To 14 | View Replies]

To: CFW

Never mind that late night talk show host Jimmy Fallon did essentially THE EXACT SAME JOKE (the GOP votes on WED), on the air, reaching many millions of eyes... and was never troubled about it. This guy gets 2 years of lawfare waged against him.


17 posted on 07/09/2025 8:36:34 AM PDT by Teacher317
[ Post Reply | Private Reply | To 1 | View Replies]

To: digger48

Those that prosecuted Mackey should be personnally liable for malicious prosecution and stripped of all their personal assets. Maybe then this nonsense would cease.


18 posted on 07/09/2025 11:03:58 AM PDT by griswold3 (Truth Beauty and Goodness)
[ Post Reply | Private Reply | To 2 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson