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West Virginia man indicted after threatening to kill ICE officers and President Trump

Austin Simms by Austin Simms
Thursday, March 5, 2026 4:20 pm

UPDATE 3/5/2026 4:20 PM: A Clarksburg, West Virginia man has been federally charged with making threats against President Donald J. Trump and U.S. Immigration and Customs Enforcement (ICE) agents, according to an announcement from U.S. Attorney Matthew L. Harvey.

Cody Lee Smith, 20, has been 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.

“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.”

According to the indictment, Smith allegedly made several public posts on Instagram encouraging and threatening the murder of President Trump, citizens who support the President, including members of the military, Israelis, and “all government officials.”

Investigators also allege 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.” Authorities further allege that Smith called the ICE tip line and threatened to kill ICE agents in Clarksburg and the 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.”

If convicted, Smith faces up to five years in prison for each of the charges related to threatening the President and up to 10 years in federal prison for each of the remaining counts. Any sentence will be determined by a federal district court judge 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.

The investigation was conducted by 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.

Officials said the case is part of Operation Take Back America, a nationwide Department of Justice initiative aimed at combating illegal immigration, dismantling cartels and transnational criminal organizations, and addressing violent crime.

—

ORIGINAL STORY: CLARKSBURG, WV (LOOTPRESS) – Federal authorities have charged a Clarksburg man after investigators say he threatened to kill Immigration and Customs Enforcement (ICE) officers in West Virginia.

According to a press release, Cody Smith was arrested after federal agents executed a search warrant at his residence in Clarksburg on Jan. 22.

Authorities allege Smith called the ICE Tip Line on Jan. 16 and left an obscenity-laced message threatening to kill any ICE agents he saw in Clarksburg. The message included references to ICE and President Trump.

“The safety and security of law enforcement personnel is our highest priority at Homeland Security Investigations,” said HSI Washington, D.C. acting 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.”

Investigators with the U.S. Secret Service identified Smith’s Instagram page and located a video in which Smith is seen making the call to the tip line and threatening to kill ICE agents, according to federal authorities.

During the execution of the search warrant on Jan. 22, federal agents seized Smith’s cellphone.

The investigation was conducted by ICE Charleston in partnership with the FBI, the U.S. Marshals Service, the U.S. Secret Service, and the West Virginia State Police.

He is currently at North Central Regional Jail on a $75,000 bond.

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