A resident of Clarksburg, West Virginia has been indicted on federal charges for allegedly making threats against President Donald J. Trump and Immigration and Customs Enforcement (ICE) agents, according to an announcement by U.S. Attorney Matthew L. Harvey.
“Threats of violence and death against President Trump and our brave law enforcement partners will not be tolerated in the Northern District of West Virginia,” said U.S. Attorney Harvey. “We take threats seriously, regardless of how they are made, and will prosecute those who make them to the fullest extent of the law.”
Cody Lee Smith, 20, faces two counts related to threats to murder the President, as well as charges for influencing or retaliating against federal officials by threat of murder. The indictment alleges that Smith posted public messages on Instagram encouraging and threatening violence against President Trump, his supporters—including military personnel—Israelis, and government officials in general. It is also alleged that Smith sent a direct message on Instagram to Donald J. Trump Jr., claiming he would kill his father by cutting his “jugular.” Additionally, prosecutors say Smith called the ICE tip line with threats to kill ICE agents in Clarksburg and staff answering the call.
“The safety and security of law enforcement personnel is our highest priority at Homeland Security Investigations,” stated Eric Weindorf, Special Agent in Charge at HSI Washington D.C. “HSI is committed to actively pursuing anyone who threatens the brave agents and officers who protect our communities. We will work tirelessly to investigate these threats and ensure those responsible are brought to justice.”
Tad Lipscomb, Resident Agent in Charge at the U.S. Secret Service’s Charleston office, added: “The safety and security of those we protect is our highest priority and all threats against the President of the United States will be investigated and prosecuted. We are grateful for our law enforcement partners at HSI, the FBI, the West Virginia State Police, and the Harrison County Sheriff’s Office, as well as the federal prosecutors at the U.S. Attorney’s Office for the Northern District of West Virginia for their assistance during this case.”
If convicted on all counts related to presidential threats, Smith could face up to five years per count; other charges carry a maximum penalty of ten years each in federal prison. Sentencing will be determined by a federal judge after consideration of sentencing guidelines.
Assistant U.S. Attorney Andrew Cogar is prosecuting this case with investigative support from Homeland Security Investigations (HSI), U.S. Secret Service, Federal Bureau of Investigation (FBI), West Virginia State Police, and Harrison County Sheriff’s Office.
The prosecution falls under Operation Take Back America—a national Department of Justice initiative focused on combating illegal immigration as well as criminal organizations operating across borders.
An indictment represents only an accusation; defendants are presumed innocent until proven guilty beyond reasonable doubt in court.
