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The Douglass Mackey case will go down as one of the most absurd political prosecutions in modern history. A young father and husband was dragged through years of legal hell for sharing a satirical anti-Hillary meme during the 2016 election. It was a joke, and any rational person could see it for the laugh it was. But the Biden regime didn’t find it funny. Just days after Biden took office in 2021, they dusted off this ridiculous “case” and charged Mackey with conspiracy to interfere in the election, treating him like a hardened criminal for posting a hilarious meme online.
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Recently, a panel of three Second Circuit judges, appointed by both Republicans and Democrats, threw the entire ridiculously over-prosecuted case out.
The Biden administration put Douglass Mackey in jail for posting satirical memes during the 2016 election. An appeals court has confirmed what was obvious from Day One: This was a politicized prosecution meant to chill American citizens’ speech. https://t.co/cIGFjKZZyO pic.twitter.com/dQ8CsHGJxG
— Breitbart News (@BreitbartNews) July 9, 2025
They unanimously agreed there was zero evidence to support the DOJ’s claims of some spooky election conspiracy. Thankfully, Mackey was finally free, but the ordeal exposed something much bigger: this was never about a meme. It was about setting a precedent to intimidate anyone who dared reject the progressive agenda, fine-tuning a political playbook, and laying the groundwork for the same kind of lawfare they would later unleash on President Trump.
When the decision came down, Senator Eric Schmitt took to X to congratulate Douglass on his long-overdue vindication. But Schmitt also did something else… something that flew under the radar for many. He called for an investigation into the Biden DOJ and FBI for their role in this anti-American, unjust political persecution.
Here’s what Senator Schmitt posted:
HUGE free speech win today.
In 2016, @DougMackeyCase posted this meme telling Clinton supporters to “vote from home.”
The Biden DOJ charged him with election interference—and tried to jail him for sharing a joke online.
But the Second Court just threw out his conviction.
The backstory: On January 27, 2021—just a few days after taking office—the Biden DOJ charged Mackey with conspiracy to “injure, oppress, threaten and intimidate persons in the free exercise and enjoyment of…the right to vote.” For sharing a political meme on social media.
While the district court refused to throw out the case, the Second Circuit has thankfully determined that the DOJ never presented sufficient evidence of a “conspiracy” required for conviction.
It’s important that this decade-long witch hunt has ended. Congratulations to @DougMackeyCase for a long-overdue vindication. But there are still unanswered questions that the current DOJ must look into.
This was clearly a political prosecution—one of many example of the Biden DOJ weaponizing the criminal justice system. The Biden Administration built the most draconian, chilling censorship machine in U.S. history. I saw it firsthand as AG of Missouri:
These people need to answer for what they did. The DOJ should investigate who in the Department was responsible for bringing and prosecuting this case and take whatever action is necessary to ensure a miscarriage of justice like this does not happen again.
HUGE free speech win today.
In 2016, @DougMackeyCase posted this meme telling Clinton supporters to “vote from home.”
The Biden DOJ charged him with election interference—and tried to jail him for sharing a joke online.
But the Second Court just threw out his conviction. 🧵 pic.twitter.com/j0CLwD82Xi
— Eric Schmitt (@Eric_Schmitt) July 9, 2025
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Now is the time to hold these Deep State operatives’ feet to the fire. With the Russia Hoax being fully unmasked, Adam Schiff facing scrutiny, the truth about the Ashli Babbitt murder, the January 6 lawfare, the 2020 election sham, and the long list of abuses carried out under Obama and Biden, digging into the Mackey injustice is the next logical step. The American people deserve answers and accountability.
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