Pro-Trump prankster faces 10 years for 2016 'election interference'

Pro-Trump influencer Douglass Mackey is facing ten years in prison after being convicted Friday of interfering in the 2016 election by posting memes.

According to the Justice Department, Mackey “conspired” with other social media influencers in the months immediately preceding the 2016 presidential election to convince Hillary Clinton supporters that they could vote by text. 

On November 1, 2016, for example, Mackey posted an “ad” which included the photo of a Black woman holding an “African Americans for Hillary” sign. The caption said:  “Avoid the Line. Vote from Home,” “Text ‘Hillary’ to 59925,” and “Vote for Hillary and be a part of history.”

“Must be 18 or older to vote. One vote per person. Must be a legal citizen of the United States. Voting by text not available in Guam, Puerto Rico, Alaska or Hawaii. Paid for by Hillary For President 2016.” 

The meme displayed Clinton’s campaign hashtag “#ImWithHer” and included fine print: “Must be 18 or older to vote. One vote per person. Must be a legal citizen of the United States. Voting by text not available in Guam, Puerto Rico, Alaska or Hawaii. Paid for by Hillary For President 2016.”

At least 4,900 phone numbers texted “Hillary” to the 59925 number listed on Mackey’s meme, not enough to upset Clinton’s loss by 79,316 votes which tipped the electoral college map in Trump’s favor.

Mackey tweeted a similar image in November 2016 showing a woman at a table texting a message on her phone. The meme read a message in Spanish, ostensibly also urging Clinton supporters to vote by texting “Hillary”. The font, hashtag and logo were those used by Clinton’s campaign.

One week after Joe Biden occupied the White House in 2021, the Justice Department arrested Mackey for spreading “disinformation”.

Last week, a federal jury in Brooklyn found Mackey guilty of Conspiracy Against Rights, a crime in which two or more people conspire to deprive anyone of any right or privilege granted them by the Constitution or US laws. The jurors deliberated for nearly three days before notifying US District Judge Ann Donnelly that they were unable to reach a verdict. Donnelly sent them back to deliberate with an Allen charge urging the minority of jurors to reconsider. The guilty verdict was reached by the next day.

“Mackey has been found guilty by a jury of his peers of attempting to deprive individuals from exercising their sacred right to vote for the candidate of their choice in the 2016 Presidential Election,” said US Attorney for New York’s Eastern District Breon Peace. “Today’s verdict proves that the defendant’s fraudulent actions crossed a line into criminality and flatly rejects his cynical attempt to use the constitutional right of free speech as a shield for his scheme to subvert the ballot box and suppress the vote.

Mackey’s attorney, Andrew J Frisch, says he will appeal. 

“This case presents an unusual array of appellate issues that are exceptionally strong,” Frisch said in a statement. “This was the first chapter of the litigation of this case. We would have preferred to win, but I am confident about the way forward.”