Meme-Maker Sentenced to Seven Months in Prison for Attempting to Trick Voters
Back during Twitter 1.0, a whole lot of conservative meme-makers were banned (e.g., Carpe Donktum). Douglas Mackey made up a graphic suggesting that you could vote for Hillary Clinton via text. He was sentenced Wednesday to seven months in prison. Seven months isn't long, but the time it's taken for this case to move through the justice system certainly has. The Justice Department sent out a press release Wednesday announcing the sentencing:
He’s not out of the woods yet, but things were looking up a little yesterday for convicted “meme criminal” Douglass Mackey. The Post Millennial covered the story in an article headlined, “BREAKING: Federal appellate court sides with Douglass Mackey in meme case, drops prison sentence until after appeal.” (As of this morning, Corporate Media was silent as the grave, which means it was good news for the rest of us.)
In October, a federal judge sentenced Mackey to seven months in federal prison for a speech crime: in 2016, as a joke he tweeted a fake meme suggesting that Hillary supporters should vote by text. Judge Ann Donnelly didn’t get the joke. Instead she found it was an attempt to “impair the votes of black and latino Hillary supporters,” who apparently aren’t sophisticated enough to tell the difference between a joke meme and official voting instructions. And according to the judge, black and latino people are gullible, so they believe you can vote for president by text message.
In fairness, the meme was intended to look ‘official’:
Further complicating Douglass’s case were some text messages from a 4Chan message board where he’d workshopped his meme. Several still-unidentified users on that board encouraged Mackey and explicitly expressed hopes that “illegal Hillary voters” would fall for it and waste their votes.
(When these facts emerged this year, some observers wondered whether the users who encouraged Mackey to mislead voters might have been the same FBI agents who also coordinated the Gretchen Whitmer fednapping plot. But who knows.)
Back to Mackey’s sentencing. Sticking the old judicial knife in right up to the hilt, Judge Donnelly devilishly denied Mackey’s request to stay his sentence pending appeal, intentionally defeating the entire point of an appeal. In other words, by the time his appeal was decided, he’d have already served his seven-month sentence. So, take that.
Accordingly, Mackey’s lawyers rushed to appeal Judge Donnelly’s denial of the stay of his prison sentence, so that Mackey could have enough time to appeal his conviction.
Unfortunately for Mackey’s lawyers, an appeal of a stay is almost as much work as an appeal of the conviction itself. To grant a stay, the Second Circuit Court of Appeals must review enough of the case to conclude that Mackey has a “substantial likelihood of prevailing on the merits.” This is a high standard. The appellate judges must be convinced not only that Mackey’s appeal is likely to prevail, but also that it’s substantially likely to prevail.
But after reviewing the briefs from Mackey and the government, the Second Circuit granted Mackey’s stay. This was correct, in my view. The order did not comment on the merits apart from simply granting the stay and, in a compromise for the government’s position, “expedited” the appeal by shortening up the briefing deadlines.
As a litigator with decent appellate experience, I can assure you an expedited appeal is both a blessing and a curse. Under the expedited schedule, Mackey’s initial brief is now due on January 5th, meaning Mackey’s lawyers just canceled all their holiday travel plans.
Still, it could be worse. I once had a trial scheduled with jury selection set to start at 9am on January 2nd. Ugh.
☕️ GRIM VERMIN ☙ Tuesday, December 5, 2023 ☙ C&C NEWS 🦠
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