A criminal complaint was unsealed in federal court in Brooklyn charging Douglass Mackey, also known as “Ricky Vaughn,” with conspiring with others in advance of the 2016 United States Presidential Election to use various social media platforms to disseminate misinformation designed to deprive individuals of their constitutional right to vote. Mackey was arrested Wednesday morning in West Palm Beach, Florida and made his initial appearance via videoconference before United States Magistrate Judge Bruce Reinhart at the federal courthouse in West Palm Beach.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, Nicholas L. McQuaid, Acting Assistant Attorney General of the Justice Department’s Criminal Division, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the arrest and charges.
“There is no place in public discourse for lies and misinformation to defraud citizens of their right to vote.” stated Acting United States Attorney DuCharme. “With Mackey’s arrest, we serve notice that those who would subvert the democratic process in this manner cannot rely on the cloak of Internet anonymity to evade responsibility for their crimes. They will be investigated, caught and prosecuted to the full extent of the law.”
“According to the allegations in the indictment, the defendant exploited a social media platform to infringe one the of most basic and sacred rights guaranteed by the Constitution: the right to vote,” stated Acting Assistant Attorney General McQuaid. “This indictment underscores the department’s commitment to investigating and prosecuting those who would undermine citizens’ voting rights.”
“Protecting every American citizen’s right to cast a legitimate vote is a key to the success of our republic. What Mackey allegedly did to interfere with this process—by soliciting voters to cast their ballots via text—amounted to nothing short of vote theft. It is illegal behavior and contributes to the erosion of the public’s trust in our electoral processes. He may have been a powerful social media influencer at the time, but a quick Internet search of his name today will reveal an entirely different story,” stated FBI Assistant Director-in-Charge Sweeney.
In 2016, Mackey established an audience on Twitter with approximately 58,000 followers. A February 2016 analysis by the MIT Media Lab ranked Mackey as the 107th most important influencer of the then-upcoming Election, ranking it above outlets and individuals, among others, such as NBC News (#114), Stephen Colbert (#119) and Newt Gingrich (#141).
As alleged in the complaint, between September 2016 and November 2016, in the lead up to the November 8, 2016, United States Presidential Election, Mackey conspired with others to use social media platforms, including Twitter, to disseminate fraudulent messages designed to encourage supporters of one of the presidential candidates (the “Candidate”) to “vote” via text message or social media and thus to fail to cast their ballots in a legally valid manner.
For example, on November 1, 2016, Mackey tweeted an image that featured an African American woman standing in front of an “African Americans for [the Candidate]” sign. The image included the following text: “Avoid the Line. Vote from Home. Text ‘[Candidate’s first name]’ to 59925[.] Vote for [the Candidate] and be a part of history.” The fine print at the bottom of the image stated: “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 [Candidate] for President 2016.” The tweet included the typed hashtags “#Go [Candidate]” and another slogan frequently used by the Candidate. On or about and before Election Day 2016, at least 4,900 unique telephone numbers texted “[Candidate’s first name]” or some derivative to the 59925 text number, which was used in multiple deceptive campaign images tweeted by the defendant and his co-conspirators.
If convicted of the charge, conspiracy against rights, Mackey faces up to 10 years in prison. The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty.