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Appeals court stays sentence for pro-Trump memester Douglass Mackey, pending appeal

Mackey was convicted in March of this year for posting a meme in 2016 that encouraged supporters for then-Democratic presidential candidate Hillary Clinton to cast their vote by text.

Published: December 4, 2023 7:55pm

The United States Second Circuit Court of Appeals on Monday stayed the surrender date for Douglass Mackey, a pro-Trump memester convicted of election interference, pending the appeal of his conviction.

Mackey was convicted in March of this year for posting a meme in 2016 that encouraged supporters for then-Democratic presidential candidate Hillary Clinton to cast their vote by text. The offending image included a picture of a woman with a pro-Clinton sign and bore the message "Avoid the Line. Vote from Home. Text 'Hillary' to 59925[.] Vote for Hillary and be a part of history."

He was sentenced to seven months in prison in October, though Monday's ruling means he will remain free throughout the appeals process.

"IT HIS HEREBY ORDERED that Defendant-Appellant Douglass Mackey's motion for release pending appeal is GRANTED," the order reads. "Mackey's surrender date is stayed. The District Court is ordered to determine the appropriate terms of release, without prejudice to the government's making a future request for detention."

The court further ordered that the appeal be expedited and set a date of Jan. 5, 2024, for Mackey to submit his initial brief.

Ben Whedon is an editor and reporter for Just the News. Follow him on X, formerly Twitter. 

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