The announcement comes after the Second Circuit Court of Appeals overturned his conviction for election interference, citing a lack of evidence.
Mackey, who had been sentenced to seven months in prison over a meme he posted during the 2016 election season, said he intends to hold the DOJ and FBI accountable for what he calls a politically motivated prosecution.
“I think that personnel is policy,” Mackey told Posobiec. “And if you look at what the FBI did, and the DOJ and specifically, the EDNY did, is they sat on this case for over two years because the Trump appointees wouldn’t pursue this case because they thought it was an infringement on freedom of speech, they realized the evidence was insufficient.”
He slammed the FBI under then-Director Christopher Wray, saying “Something like 60 percent of the current FBI agents were hired under Christopher Wray, and I think you need to go through each of these field offices, which is a daunting task, and clean out the people that were hired for partisan affiliation, or they’re LGBT, or because they’re a woman, or whatever reason they were hired other than being the best candidate for the job.”
Mackey singled out a specific FBI field agent, who he said led the investigation against him and remains at the Boston field office. “Not only that, prosecutors looked at this evidence and saw it was a joke, and still felt like they wanted to bring the hammer down and try to get a conviction.”
“Those individuals need to be disciplined,” he added. “And the EDNY specifically is one of the worst actors out there.”
Mackey’s conviction was tossed earlier today after a federal appeals court ruled the Biden Justice Department failed to prove he had conspired with others to interfere with voting rights.
The case stemmed from a meme Mackey posted in 2016 joking that Hillary Clinton supporters could vote by text message.
While the DOJ claimed this was election interference, the court found no evidence that Mackey ever entered into a conspiracy or that anyone was actually deceived.
"The mere fact that Mackey posted the memes... is not enough, standing alone, to prove a violation of Section 241," the court wrote. "The government was obligated to show that Mackey knowingly entered into an agreement with other people to pursue that objective. This the government failed to do."
With the conviction now vacated and the case dismissed, Mackey says the next step is to hold the federal agencies involved accountable.
“Praise God,” he posted after the ruling.
