Harrison County Man Indicted on Charges of Threating the President and ICE

CLARKSBURG, WEST VIRGINIA - A Clarksburg, West Virginia man has been federally charged with making threats against President Donald J. Trump and Immigrations and Customs Enforcement (ICE) agents, announced 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, was indicted on two counts of threats to murder the President, one count of influencing and retaliating against federal officials by threat of murder, and one count of influencing a federal official by threat of murder. According to the indictment, Smith made a series of public posts on Instagram that encouraged and threatened the murder of President Trump, citizens who support the President (including members of the military), Israelis, and "all government officials." The indictment also alleges that Smith sent a direct message via Instagram to Donald J. Trump, Jr., stating he would kill his father, President Trump, by cutting his "jugular." In a phone call with the ICE tip line, Smith also threatened to kill ICE agents in Clarksburg, West Virginia and employee staffing the tip line.

"The safety and security of law enforcement personnel is our highest priority at Homeland Security Investigations," said HSI Washington, D.C. Special Agent in Charge Eric Weindorf. "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."

"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," said Tad Lipscomb, the Resident Agent in Charge of the U.S. Secret Service's Charleston, West Virginia Resident Office. "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."

Smith faces up to 5 years for each of the presidential threat charges and faces up to 10 years in federal prison for each of the remaining counts. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant U.S. Attorney Andrew Cogar is prosecuting the case on behalf of the government.

Investigative agencies include Homeland Security Investigations, the U.S. Secret Service, the Federal Bureau of Investigation, the West Virginia State Police and the Harrison County Sheriff's Office.

This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.

An indictment is merely an allegation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

View the indictment here.