For the Defense - Vol. 9, Issue 3 - 47

7
According to the Complaint against him, at least 4,900 people
texted their vote to the number Mackey provided.8
It further
alleged that Mackey intended to interfere with the right to vote,
as evidenced by his tweets and direct message exchanges with
coconspirators.9
I can only imagine the defense attorney's face
while reading this one during discovery review- " ... I posted a
meme that told [Hillary Clinton] supporters they could text to
vote. Lol. " 10
Mackey filed a Motion to Dismiss, raising three issues-venue,12
due process,13
and that Section 241, as applied in the instant case,
is unconstitutional under the First Amendment.14
In denying
his Motion to Dismiss, Judge Garaufis found that the " case is
about conspiracy and injury, not speech...As applied within the
Indictment, this law is used to prosecute a conspiracy to trick
people into staying home from the polls-conduct effectuated
through speech-not a crime particular to the utterances made
to effect that aim. " 15
analysis via United States v. Alvarez,16
The Judge still engaged in First Amendment
which suggested that some
false speech may be constitutionally protected but that the
context of the speech would determine whether scrutiny should
be intermediate rather than strict.17
The grand jury returned an indictment against
Mackey with conspiracy to violate rights under 18 U.S.C. § 241.11
This is my full circle moment to the buckets of criminalelection
law intersection... Judge Garafaufis said it was up to the
factfinder to determine whether the speech in Mackey's meme
was protected political satire or unprotected FRAUD.18
You can
imagine my excitement that in the spirit of enfranchising voters
and election protection, I could use this case to argue that
deliberately misleading speech, intending injury to the right to
vote, i.e., speech about the time, place, and manner of elections,
is prohibited by Section 241. My excitement as a criminal defense
attorney, and a First Amendment protector, on the other hand,
was miniscule.
The jury found Mackey guilty, and he was sentenced to 7
months of incarceration. His surrender date was canceled, and the
appeal is pending.19
Oral arguments were heard in April 2024.20
In Michigan, John Burkman and Jacob A. Wohl designed
and financed a robocall scheme targeting areas of significant
Black populations, claiming that voting by mail would allow
law enforcement, debt collection agencies, and the Center for
Disease Control to track and contact the voters.21
sent to Derrick Thomas said:
The robocall
Hi, this is Tamika Taylor from Project 1599, a civil
rights organization founded by Jack Burkman and
Vol. 9, Issue 3 l For The Defense 47

http://hillaryclinton.com

For the Defense - Vol. 9, Issue 3

Table of Contents for the Digital Edition of For the Defense - Vol. 9, Issue 3

Contents
For the Defense - Vol. 9, Issue 3 - 1
For the Defense - Vol. 9, Issue 3 - 2
For the Defense - Vol. 9, Issue 3 - Contents
For the Defense - Vol. 9, Issue 3 - 4
For the Defense - Vol. 9, Issue 3 - 5
For the Defense - Vol. 9, Issue 3 - 6
For the Defense - Vol. 9, Issue 3 - 7
For the Defense - Vol. 9, Issue 3 - 8
For the Defense - Vol. 9, Issue 3 - 9
For the Defense - Vol. 9, Issue 3 - 10
For the Defense - Vol. 9, Issue 3 - 11
For the Defense - Vol. 9, Issue 3 - 12
For the Defense - Vol. 9, Issue 3 - 13
For the Defense - Vol. 9, Issue 3 - 14
For the Defense - Vol. 9, Issue 3 - 15
For the Defense - Vol. 9, Issue 3 - 16
For the Defense - Vol. 9, Issue 3 - 17
For the Defense - Vol. 9, Issue 3 - 18
For the Defense - Vol. 9, Issue 3 - 19
For the Defense - Vol. 9, Issue 3 - 20
For the Defense - Vol. 9, Issue 3 - 21
For the Defense - Vol. 9, Issue 3 - 22
For the Defense - Vol. 9, Issue 3 - 23
For the Defense - Vol. 9, Issue 3 - 24
For the Defense - Vol. 9, Issue 3 - 25
For the Defense - Vol. 9, Issue 3 - 26
For the Defense - Vol. 9, Issue 3 - 27
For the Defense - Vol. 9, Issue 3 - 28
For the Defense - Vol. 9, Issue 3 - 29
For the Defense - Vol. 9, Issue 3 - 30
For the Defense - Vol. 9, Issue 3 - 31
For the Defense - Vol. 9, Issue 3 - 32
For the Defense - Vol. 9, Issue 3 - 33
For the Defense - Vol. 9, Issue 3 - 34
For the Defense - Vol. 9, Issue 3 - 35
For the Defense - Vol. 9, Issue 3 - 36
For the Defense - Vol. 9, Issue 3 - 37
For the Defense - Vol. 9, Issue 3 - 38
For the Defense - Vol. 9, Issue 3 - 39
For the Defense - Vol. 9, Issue 3 - 40
For the Defense - Vol. 9, Issue 3 - 41
For the Defense - Vol. 9, Issue 3 - 42
For the Defense - Vol. 9, Issue 3 - 43
For the Defense - Vol. 9, Issue 3 - 44
For the Defense - Vol. 9, Issue 3 - 45
For the Defense - Vol. 9, Issue 3 - 46
For the Defense - Vol. 9, Issue 3 - 47
For the Defense - Vol. 9, Issue 3 - 48
For the Defense - Vol. 9, Issue 3 - 49
For the Defense - Vol. 9, Issue 3 - 50
For the Defense - Vol. 9, Issue 3 - 51
For the Defense - Vol. 9, Issue 3 - 52
For the Defense - Vol. 9, Issue 3 - 53
For the Defense - Vol. 9, Issue 3 - 54
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol9_issue3_2024
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol9_issue2_2024
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol9_issue1_2024
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue4_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue3_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue2_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue1_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue4_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue3_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue2_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue1_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue4_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue3_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue2_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue1_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue4_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue3_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue2_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue1_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue4_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue3_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue2_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue1_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue4_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue3_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue2_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue1_2018
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue4_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue3_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue2_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue1_2017
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue4_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue3_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue2_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue1_2016
https://www.nxtbookmedia.com