Pro-Trump 'troll' who spread Hillary text-to-vote memes in 2016 has conviction tossed by appeals court

An appeals court has reversed the conviction of a pro-Trump influencer charged with spreading false information on social media to suppress Democratic voter turnout during the 2016 election, voiding conspiracy charges and a monthslong federal prison sentence handed down by a jury in Brooklyn, New York.

The U.S. Court of Appeals for the 2nd Circuit on Wednesday unanimously voided the conviction of Douglass Mackey on federal conspiracy charges and remanded the case back to the U.S. Court in the Eastern District of New York to enter a new judgment of acquittal.

The unanimous three-judge panel said in their ruling that "no rational jury" could have found that Mackey, 36, "knowingly" joined others in an illegal conspiracy aimed at influencing the outcome of the 2016 election or depriving people of their right to vote.

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

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Supporters of Republican then-presidential candidate Donald Trump cheer during a campaign rally on Monday, Oct. 24, 2016, in Tampa, Florida. (AP Photo/ Evan Vucci)

The verdict is a win for Mackey, a self-styled right-wing influencer and self-described "troll," who amassed roughly 58,000 followers on Twitter in the run-up to the 2016 election. 

Mackey, who used the handle "Ricky Vaughn," used his account to post false information designed to support then-presidential candidate Donald Trump, including memes designed to look like Hillary Clinton ads that told voters they could submit their ballots via text message.

Republican presidential nominee Donald Trump and Democratic presidential nominee Hillary Clinton shake hands after the Presidential Debate at Hofstra University on Sept. 26, 2016 in Hempstead, New York. (Drew Angerer/Getty Images)

Mackey was convicted in 2023 on conspiracy charges and sentenced to seven months in federal prison.

The three-judge panel ruled Wednesday that Mackey’s posts, including the false memes he posted, were not sufficient evidence to prove that he had violated U.S. conspiracy laws, "even assuming that he did so with the intent to injure other citizens in the exercise of their right to vote," they said. 

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A line of early voters wait in queue at the Franklin County Board of Elections on Nov. 7, 2016 in Columbus, Ohio. (AP Photo/John Minchillo)

"The government was obligated to show that Mackey knowingly entered into an agreement with other people to pursue that objective," Chief Judge Debra Ann Livingston and Judges Reena Raggi and Beth Robinson wrote. "This the government failed to do."

The decision was praised by Mackey, who immediately posted on social media about the verdict.

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"HALLELUJAH!" Mackey said on X after the appellate court ruling on Wednesday. Mackey proceeded to thank God, his family, wife, lawyers and others who supported him during the trial in subsequent posts. He then threatened to pursue legal action over his conviction.

"Now we sue," he said.