An appeals court on Wednesday overturned the felony conviction of a pro-Trump social media influencer who was facing prison time for posting satirical memes on Twitter.
Douglass Mackey, also previously known online as Ricky Vaughn, joined “The Glenn Beck Program” on Thursday to share his reaction to the recent decision from the United States Court of Appeals for the Second Circuit.
‘Unfortunately, it’s not part of the sweeping constitutional ruling that we wanted, but nevertheless, it’s a great victory.’
After battling the charges for four and a half years and facing a seven-month prison sentence, Mackey told Blaze Media co-founder Glenn Beck, “Only faith can get you through it.”
During the 2016 election, Mackey posted memes on his Twitter account, which he told Beck had about 10,000 followers. He noted that he previously had an account with over 60,000 followers, but it was suspended before he made the posts referenced in the Biden Department of Justice’s case against him.
“Save time,” the posts read. “Avoid the line.”
It included instructions on how to “vote from home” for then-Democratic presidential candidate Hillary Clinton via text message.
The posts received only about 100 likes, according to Mackey.
Beck stated, “You have to be a nincompoop to believe this [meme is real].”
RELATED: Appeals court tosses out Biden-era conviction of social media troll for election interference
Photo by JEWEL SAMAD/AFP via Getty Images
Despite what some would argue was a clear satirical post, Mackey was convicted in 2023 of conspiracy against rights for attempting to interfere with Americans’ right to vote in the 2016 election.
Mackey shared the details of his arrest with Beck.
“Four FBI agents knocked on my door at 7 a.m., and that was seven days after Joe Biden was inaugurated,” he said. “They said, ‘Are you Douglass Mackey? We have a warrant for your arrest.’ The first words out of my mouth were, ‘For what?'”
“At the time, I wasn’t even on Twitter. But back in the 2016 election cycle, I tweeted thousands of times. So I had no idea. But I did know that once they make you an enemy that it’s like, ‘Show me the man, and I’ll show you the crime,'” Mackey continued. “I was very curious to see what they had cooked up.”
Chief Judge Debra Ann Livingston, one of the three judges on the appeals court panel, found that prosecutors’ evidence was “inadequate to show his knowing participation in a conspiracy.”
While prosecutors claimed that 4,900 unique phone numbers texted the number provided in Mackey’s meme, 98% received an automated reply informing them that Clinton’s campaign was not affiliated with the post, Livingston noted.
“The government presented no evidence at trial that Mackey’s tweets tricked anyone into failing properly to vote,” the judge wrote.
Photo by Mario Tama/Getty Images
Mackey called the case “a total humiliation” for the Biden DOJ.
He expressed some disappointment that the appeals court’s decision was not a “sweeping” constitutional victory.
“These appellate courts, once they come to a conclusion on, let’s say, one of the grounds, they don’t rule on all the other grounds,” Mackey explained. “Unfortunately, it’s not part of the sweeping constitutional ruling that we wanted, but nevertheless, it’s a great victory.”
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