Appeals court throws out right-wing influencer's conviction for 2016 election interference
A three-judge panel on the U.S. Court of Appeals for the 2nd Circuit reversed Douglass Mackey's conviction and directed a lower court to enter a judgment of acquittal, after determining that trial evidence failed to prove he joined others in a conspiracy to influence the election.
'The jury's verdict and the resulting judgment of conviction must be set aside,' Chief Judge Debra Ann Livingston wrote for the unanimous panel.
Mackey was sentenced to seven months in prison after a jury found him guilty of attempting to trick individuals out of exercising their right to vote by posting memes falsely suggesting that supporters of Democratic candidate Hillary Clinton could vote by text.
In one instance, he posted an image showing a Black woman standing in front of an 'African Americans for Hillary' sign that read: 'Avoid the Line. Vote from Home,' 'Text 'Hillary' to 59925' and 'Vote for Hillary and be a part of history.' It said the post was paid for by Clinton's campaign and included her campaign slogan, '#ImWithHer.'
At the time, Mackey had approximately 58,000 followers, according to the Justice Department.
Trial evidence showed that approximately 5,000 people ultimately texted the keyword 'Hillary' to the number. However, the appeals court noted, 'about 98 percent' of those people received an automated warning that the code was not associated with the Clinton campaign.
The panel said the government presented 'no evidence' at trial that the tweets actually resulted in duping anyone into voting improperly.
'Praise God. God is good. Now we sue,' Mackey wrote in a series of posts on X following the decision.
A spokesperson for the Eastern District of New York, which brought the case, declined to comment.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Boston Globe
29 minutes ago
- Boston Globe
Young Democrats have called for a rebrand. They're vying to replace the party's old guard
In southern Arizona on Tuesday, Foxx is one of several Democrats hoping to step into a deep blue seat left vacant by the death of Rep. Raúl Grijalva, a longtime political power broker in Tucson. He had become one of the most senior lawmakers on Capitol Hill over two decades in Congress. Grijalva's daughter, Adelita, is one of the contenders, and three Republicans are vying in the GOP primary. Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up But the push for younger leaders won't end there. In next year's midterm elections, primary challengers have already begun to emerge in states like California and Indiana that will give Democratic voters choices between longtime lawmakers and younger candidates. Advertisement In Georgia, for example, 80-year-old Democratic Rep. David Scott's decades-long legacy could end with a primary he's expected to join. This has drawn challengers fed up with his refusal to step aside despite years of concern about his declining health and rare public appearances. The primary got crowded almost a year after former President Joe Biden dropped out of the 2024 election race amid similar scrutiny over his age. Advertisement Challenging well-connected candidates can be daunting, but progressive leaders say the moment calls for urgency. 'Passing of the torch implies the leaders are handing it off,' said Amanda Litman, head of a group called Run for Something that bolsters progressive young candidates. 'What we're seeing right now is, the new generation is taking the torch. They're not waiting for it to be passed.' Campaigning online Many Boomer and Gen Z candidates alike have largely abandoned the traditional playbook of spending millions on TV ads in favor of TikTok and social media. But it's a pivot that older political hands would recognize from an older playbook: meeting voters where they are. Foxx, a digital strategist, led influencer strategy for Kamala Harris' 2020 presidential campaign bid. On TikTok, she speaks to nearly 400,000 followers, saying she'd be the first woman of 'our' generation elected to Congress. In 2022, Florida voters elected the generation's first congressman — Democratic Rep. Maxwell Frost. The Congressional Progressive Caucus PAC, which Frost co-chairs, has endorsed Adelita Grijalva. Foxx has leaned into popular Gen Z internet slang in branding her district tour 'Crashout or Congress.' 'Does the news make you feel like you're about to crash out? Be honest,' Foxx posted. Foxx said her campaign turned a corner after a primary debate in late May, when some clips of her performance drew the eyes of millions and helped spark a fundraising boost. If Scott seeks another term in his suburban Atlanta district, he'll face several candidates in the Democratic primary next May: microbiologist and state Rep. Jasmine Clark, 42; state Sen. Emanuel Jones, 66; and 33-year-old Everton Blair, former chair of the state's largest school district. Scott's campaign did not respond to requests for an interview. Advertisement Clark racked up 7,000 TikTok followers after a popular influencer reposted her. She occasionally pops in with solutions to people's problems on NextDoor and is sometimes recognized as a podcast host instead of a state representative. She says Republicans have done a better job at saturating social media with their messaging. 'Instead of looking at Republicans and wagging our fingers at them, we could take some lessons from them,' she said. Message or messenger? Voters have been crushed by high living costs, Clark said, but Republicans, not Democrats, have been the ones to tell people their pain is real — even though Democrats have better ideas for fixing things. Blair agreed that Democrats have better policy prescriptions for addressing voters' economic concerns, but he said too many longtime lawmakers have stifled the party's ability to get that message across. He said President Donald Trump is fattening the wallets of billionaires but cheating low- and middle-income voters 'out of the American dream.' 'We have an incumbent who is just not doing the job, and we need a better fighter,' Blair said. 'The stakes are just too high.' Young people have grown up in a political climate dominated by algorithms, said 21-year-old Akbar Ali, first vice chair of the Democratic Party in Gwinnett County, home to some of Scott's district. That gives them a built-in understanding of how information spreads today, he said, but doesn't replace on-the-ground outreach to voters of all ages. He said Scott's physical absence is palpable, both in the community and as a voice in Congress. 'A lot of people are upset on a national level because we can't hit back with enough vigor.' he said. Advertisement Adelita Grijalva carries a household name in Tucson and is regarded as the frontrunner. To Foxx, Grijalva benefits from her 'legacy' last name. Grijalva, who has received several endorsements, including from Democratic U.S. Rep. Alexandria Ocasio-Cortez and independent U.S. Sen. Bernie Sanders, has pushed back. She said she brings her own credentials to the table. Her father was progressive and antiestablishment, and she said she is, too. But Foxx, who benefited personally from some government programs the Trump administration has slashed or is looking to slash, said Democrats need to do more to reach new voters. 'We are bringing people into this party, into this democracy, who have felt left out — by and large young people and working-class folks,' Foxx said. A positive vision In New York City, 33-year-old Zohran Mamdani recently won the mayor's race with an upbeat campaign that leaned heavily on TikTok and emphasized finding new ways to make city life more affordable. In an era where so many young people doubt they'll ever be better off than their parents, they're increasingly willing to ditch pragmatism for bold policy platforms, said David Hogg. Hogg was removed from his leadership role with the Democratic National Committee, which said his election broke party rules. His decision not to run again followed his push to oust long-serving Democrats in safe congressional seats. He has not backed away from his vow to primary 'asleep-at-the-wheel' Democrats with fresher faces. People of all ages want a fighter who understands what's at stake as Trump cuts Medicaid and other programs that millions of Americans rely on, Hogg said. That's why his political action committee, Leaders We Deserve, endorsed Foxx. Young voters were key to Democratic wins in recent years, but some swung to the right as Trump made gains in 2024. Hogg said he's looking for candidates to 'win them back' by talking about how change happens. Advertisement Older candidates can do that too, he said, but for better or worse, young people aren't yet 'jaded' by politics. 'In this dark moment, we need people who can provide us a general sense of hope, as crazy that can feel sometimes,' Hogg said. 'To believe that maybe things won't be as screwed up as they are now forever.'
Boston Globe
an hour ago
- Boston Globe
A New York county will let officers wear masks when working with ICE
Blakeman, a Republican, said the change did not apply solely to immigration actions, and he cast it as a safety measure meant to keep protesters from tracking down the personal information of police officers and agents from Immigration and Customs Enforcement. Get Starting Point A guide through the most important stories of the morning, delivered Monday through Friday. Enter Email Sign Up The move comes as Democratic lawmakers in California and New York are pushing to ban the wearing of masks by federal agents, including those working for ICE, in many circumstances. Advertisement The issue of ICE agents taking people into custody while wearing unmarked uniforms and balaclavas to conceal their faces has become a major point of conflict amid the Trump administration's immigration crackdown, with critics saying it smacks of authoritarianism. Mike German, a retired FBI agent and fellow at the Brennan Center for Justice's Liberty and National Security Program, said he had not heard of other local police departments allowing officers to cover their faces. Doing so, he said, puts the officers at greater risk rather than protecting them. Advertisement 'If people in the community don't know who these masked people are, using force against people that they know, obviously there is a reaction to resist that kind of force,' German said. That the masks provoke public resistance, he added, 'should be a clue for officials who are genuinely concerned with public safety and officer safety to understand that that's not helpful, it's provocative.' The mask ban that Blakeman's order amended was adopted by Nassau County last summer in response to the face coverings worn by many protesters at demonstrations across the United States prompted by the Israel-Hamas war. Blakeman, a close ally of President Donald Trump, justified the ban at the time by saying protesters' wearing of masks or facial coverings was 'often used to predicate harassing, menacing or criminal behavior.' Nassau adopted its mask ban, the first by a U.S. county since the coronavirus pandemic, around the time Gov. Kathy Hochul, a Democrat, suggested she might pursue some form of statewide ban. She ultimately backed off the idea in favor of supporting the creation of a criminal charge for those who wear masks during crimes. A request for comment emailed to Hochul's office was not immediately returned. Nassau County said in February that its Police Department had formed a partnership with ICE, making it among the first to sign on to the administration's effort to enlist local law enforcement to assist in its mass-deportation efforts. Last month, the New York Civil Liberties Union said it was suing the county and the Police Department, calling the partnership a violation of state law that would undermine protections against unreasonable searches and seizures and would promote racial profiling. Advertisement Patrick Ryder, the Nassau County police commissioner, said at the news conference Friday that mask use would be reserved for 'specific investigations' related to things like immigration and drugs. He also said officers would continue to identify themselves by name, rank and badge number in accordance with state law. German said that historically, the wearing of masks by officers was 'a hallmark of a police state' where the goal was to sow terror. 'So when we adopt those kinds of methods,' he said, 'it's going to have the same effect on the public.' This article originally appeared in
CNN
3 hours ago
- CNN
Deputy FBI Director Bongino has told people he is considering resigning amid Epstein files fallout, sources say
CNN — Deputy FBI Director Dan Bongino has told people he is considering resigning amid a major clash between the FBI and Justice Department over the continued fallout from the release of the Jeffrey Epstein memo, sources familiar with the matter told CNN. This comes after a heated confrontation with Attorney General Pam Bondi over the handling of the case earlier this week. The infighting over the case came to a head during a Wednesday meeting, which included Bongino, Bondi, FBI Director Kash Patel and White House chief of staff Susie Wiles, the sources said. Bongino and Patel were confronted about whether they were behind a story that said the FBI wanted more information released but was ultimately stymied by the Department of Justice, they said. Bongino denied leaking that notion to NewsNation, which published the story, a source familiar with the matter told CNN, though he did not sign on to a statement defending the review included in that article. CNN has reached out to Bongino and the FBI for comment. The sources cautioned that Bongino had not made up his mind, and it was possible he would stay in his position. Axios first reported some of the details of Bongino's confrontation at the White House. The episode comes as many of President Donald Trump's close advisers, both inside and outside of the White House, have grown increasingly frustrated with Bondi's handling of the so-called Epstein files, following days of intense criticism from some of the president's most devoted supporters. Multiple sources said Bongino did not come to work Friday, fueling speculation he had quit over the issue. One of those sources said that as of Friday afternoon he had not left his position. 'The whole thing has been a complete mess and no one is happy,' a source briefed on the matter told CNN. Epstein is a disgraced financier and convicted sex offender whose criminal case has long captured significant public attention, in part because of his ties to wealthy and high-profile people. In August 2019, while he was awaiting trial in a federal criminal case, Epstein was found unresponsive in his cell at New York's Metropolitan Correctional Center. He was taken to a hospital, where he was pronounced dead. His death was ruled a suicide. The death, though, was heavily scrutinized, and during his 2024 campaign, Trump said that he would consider releasing additional government files on the case. Many of the president's supporters hoped that release would implicate other high-profile figures, or undercut the notion that Epstein killed himself. But the Justice Department announced in a memo Monday that there was no evidence he kept a 'client list' or was murdered, fueling rage and suspicion among many in MAGA world. FBI and Justice officials had been at odds for months about the handling of the Epstein files review. But the tension spilled out publicly on Friday, when far-right provocateur Laura Loomer, who is close with people in the administration, wrote on social media that Bongino and Patel were 'LIVID' with Bondi over the Epstein case. She wrote Bongino was 'taking the day off today from his job as Deputy Director of the FBI, and there's now speculation on whether or not he will return to his job.' Deputy Attorney General Todd Blanche denied a rift between Justice Department and FBI leadership in a post on X Friday, saying that 'the suggestion by anyone that there was any daylight between the FBI and DOJ leadership on this memo's composition and release is patently false.' White House deputy press secretary Harrison Fields said Trump has 'assembled a highly qualified and experienced law and order team dedicated to protecting Americans, holding criminals accountable, and delivering justice to victims.' 'This work is being carried out seamlessly and with unity,' Fields said. 'Any attempt to sow division within this team is baseless and distracts from the real progress being made in restoring public safety and pursuing justice for all.' Bondi orchestrated an event at the White House in February with pro-Trump social media influencers to present binders of Epstein-related documents, though she later faced criticism when the MAGA influencers realized most of the documents had been public for years. Patel had minimal involvement in that event. More recently, Bongino repeated promises that the files would be released, even as he tried to downplay their contents. At least one of Bongino's frustrations relates to a 10-hour surveillance video taken outside of Epstein's Manhattan jail cell the day he died, a person familiar with the situation told CNN. As the investigators spent weeks combing through records related to the Epstein investigation, Bongino discovered the video, the person said. The deputy director was elated by the discovery, and he said it was definitive evidence that Epstein had not been murdered, they said. But after the video was released, members of the public and press observed that the video jumped forward, cutting out 60 seconds. Bondi has publicly said the outdated recording system that produced the video resets every day at midnight and the same minute is skipped every evening. Still, theories about what happened in that minute exploded online, and Bongino was blamed internally for the oversight. Patel and Bongino have privately expressed frustration for months over the DOJ's handling of the case, stemming in part from an early interview where Bondi implied the FBI was still reviewing the case, while it had already been turned over to the Department of Justice, sources familiar with the matter said.
