The United States Court of Appeals for the Second Circuit unanimously overturned the conviction of Douglass Mackey on Wednesday, reversing the Biden Justice Department’s prosecution of the online commentator known by the pseudonym “Ricky Vaughn.”
BREAKING: THE SECOND CIRCUIT COURT OF APPEALS HAS THROWN OUT MY CONVICTION FOR LACK OF EVIDENCE
THE CASE HAS BEEN REMANDED TO THE DISTRICT COURT WITH ORDERS TO IMMEDIATELY DISMISS
HALLELUJAH!
— Douglass Mackey (@DougMackeyCase) July 9, 2025
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Mackey was convicted in 2023 on charges of election interference stemming from social media posts related to the 2016 presidential election.
The case focused on images Mackey shared under the “Ricky Vaughn” persona, including one that read: “Text ‘Hillary’ to 59925,” which federal prosecutors claimed was intended to mislead voters.
Ladies and Gentlemen, Government Exhibit #720 pic.twitter.com/M2NwUXzXMt
— Douglass Mackey (@DougMackeyCase) July 9, 2025
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How Joe Biden and the Radical Left are attacking American democracy and destroying the Constitutional order. pic.twitter.com/hS4Bo5Vuau
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In its Wednesday ruling, the three-judge panel concluded the evidence presented at trial did not meet the legal threshold for conspiracy.
“Mackey argues on appeal that the evidence was insufficient to prove that he knowingly agreed to join the charged conspiracy,” the decision read. “We agree.”
The decision marks a major reversal in one of the most high-profile cases brought by the Biden-era Department of Justice concerning online political speech.
Mackey had been arrested in January 2021, shortly after President Joe Biden was sworn into office.
The investigation was led by the FBI and prosecuted by the U.S. Attorney’s Office for the Eastern District of New York.
Following his conviction last year, Mackey was sentenced to seven months in federal prison.
The DOJ at the time said Mackey had violated federal election laws by attempting to “trick” voters into casting their ballot via text message, a method that is not legally recognized.
Mackey, who maintained that his posts were satirical in nature, argued that the prosecution represented a violation of his First Amendment rights.
After his sentencing, he appeared on Tucker Carlson’s program, where he claimed the federal government had criminalized political speech.
Former President Donald Trump’s 2024 campaign shared a video in support of Mackey, stating the case was a clear example of the Biden Justice Department using federal power to suppress dissent.
“They didn’t violate my rights,” Mackey said during a 2023 interview.
“They annihilated them.”
Mackey repeatedly stated he was not seeking a pardon but instead wanted a full legal exoneration through the courts.
“Total vindication,” he said at the time.
The appeals court decision appears to deliver the outcome Mackey sought. Following the ruling, he posted “Now we sue” on his X account, signaling a potential lawsuit against federal agencies or officials involved in the case.
Now we sue
— Douglass Mackey (@DougMackeyCase) July 9, 2025
Notably, the panel that ruled in Mackey’s favor included both liberal- and conservative-appointed judges, underlining the unanimous nature of the decision.
Legal observers have pointed to the ruling as a significant precedent regarding the limits of criminal enforcement in cases involving political speech on social media.
https://t.co/wtffZlJ3Kq pic.twitter.com/M8FNOhCwA2
— Douglass Mackey (@DougMackeyCase) July 9, 2025
Mackey’s case has drawn national attention since his arrest, with civil liberties groups, journalists, and political figures on both sides of the aisle weighing in on its implications for free speech.
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