Douglass Mackey, the Trump supporter who faced years of legal persecution under the Biden administration for posting satirical memes during the 2016 election, is now fighting back — and he’s planning to sue.
The Second Circuit Court of Appeals overturned Mackey’s conviction last week, ruling there was no evidence to support the Justice Department’s claims that he engaged in election interference. Originally sentenced to seven months in prison, Mackey is now preparing a civil suit against the DOJ for political weaponization and misconduct, seeking at least $1 million in damages.
“They didn’t have any evidence of an actual conspiracy,” Mackey said. “We have to assume this case was brought for political reasons — because why else would you bring it?”
Mackey’s satirical posts mocked Hillary Clinton voters by jokingly telling them they could vote by text. The Biden DOJ, years later, charged him with a felony — a move widely viewed by conservatives as a chilling attack on free speech.
Though acquitted, Mackey spent over four years fighting the case, spending more than $1 million in legal fees. He said the experience was isolating, especially with the trial taking place in Brooklyn at a time when Trump and his supporters were being relentlessly targeted. His wife gave birth via emergency c-section while he was being sentenced in 2023.
“It was a very lonely battle,” he recalled. “But once people looked at the facts, they realized the case was complete nonsense.”
The court’s decision was a stunning rebuke of the DOJ’s case. Not only did the panel overturn the jury verdict, but it ordered the lower court to enter a full acquittal — a rare move that underscores how flimsy the government’s arguments were.
President Trump previously cited Mackey’s case as a prime example of federal abuse and has tied it to his broader crackdown on the weaponization of government. His administration is expected to back Mackey’s efforts to seek justice and restitution.
Mackey now says he’s focused on accountability — not just for himself, but for others caught in the crosshairs of Biden’s DOJ. He praised supporters who helped raise legal funds and pointed readers to the Meme Defense Fund to assist with the next phase of the fight. He also commended the Patriot Freedom Project, which helps others targeted for their political views.
“This was never about a meme,” Mackey said. “It was about silencing dissent.”