A Clarksburg, West Virginia resident has been indicted on federal charges stemming from alleged threats made against President Donald J. Trump and U.S. Immigration and Customs Enforcement (ICE) personnel. The indictment, unsealed by the U.S. Attorney’s Office for the Northern District of West Virginia, outlines multiple counts of making threats to harm federal officials and the President.
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“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.”
The charges against Cody Lee Smith, 20, include 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 allegedly made a series of public posts on the social media platform Instagram. These posts are said to have encouraged and threatened the murder of President Trump, as well as citizens who support the President, members of the military, Israelis, and all government officials. Further allegations suggest that Smith sent a direct message on Instagram to Donald J. Trump, Jr., containing a threat to kill President Trump. Additionally, the indictment details that Smith made a phone call to the ICE tip line, during which he reportedly threatened to kill ICE agents in Clarksburg, West Virginia, and an employee staffing the tip line.
Donald Trump just announced the goddamn hunger games[.] IMPEACH THIS MOTHERFUCKER WITH A .308.
Cody Lee Smith Instagram post, December 18, 2025, per DOJ
Donaldj Trump likes little boys and little girls and is an Israeli asset he deserves to be raped and murdered @REALDONALDTRUMP @donaldjtrumpjr I will kill you bitch ass dad.
Cody Lee Smith Instagram post, January 17, 2026, per DOJ
“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.”
If convicted, Smith faces significant prison time. The charges related to threatening the President carry a maximum penalty of up to five years in federal prison for each count. The counts alleging threats against federal officials carry a potential sentence of up to ten years in federal prison for each offense. A federal district court judge will determine the final sentence, taking into account the U.S. Sentencing Guidelines and other relevant legal factors. The prosecution of this case is being handled by Assistant U.S. Attorney Andrew Cogar.
The investigation into these alleged threats involved a collaborative effort from multiple law enforcement agencies. These 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 a broader initiative known as Operation Take Back America, which aims to deploy the Department of Justice’s resources to combat illegal immigration, dismantle cartels and transnational criminal organizations, and protect communities from violent crime. It is important to note that an indictment is an accusation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The indictment against Smith is below.
Article by Mel Anara, based upon information from the U.S. Attorney’s Office, Northern District of West Virginia
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