Left: Donald Trump speaks at the annual Road to Majority conference in Washington, D.C., in June 2024 (Allison Bailey/NurPhoto via AP). Right: Cody Smith (U.S. Immigration and Customs Enforcement).
A 20-year-old West Virginia man has admitted in federal court that he threatened to shoot President Donald Trump with a .308 rifle in messages sent to Donald Trump Jr., according to court records.
Cody Smith pleaded guilty after being charged with threatening the president and threatening federal officials in retaliation, the Justice Department said in a press release.
Court filings state that Smith admitted making threats to kill the president and to harm agents with U.S. Immigration and Customs Enforcement. During the proceedings, both his attorney and prosecutors told U.S. Magistrate Judge Michael John Aloi that there was “no plea agreement in this case.” Smith also said “in open court that he fully understood he was pleading guilty” to the charges, according to a filing dated July 2.
“No other agreements had been made between himself and the government,” the filing says. It further notes that Smith and his counsel acknowledged a plea deal had been offered, but that he ultimately chose to plead guilty to count two and count three without entering into any agreement with prosecutors.
Smith had originally faced two counts of threatening 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, all tied to a series of alleged threatening statements, according to the DOJ. He was arrested in January on accusations of making terroristic threats against Trump supporters and ICE agents, with Harrison County jail records showing he was booked on those charges.
The charges against Smith were later increased after a federal indictment was returned in connection with the alleged threats against the president. At a March 24 hearing, a judge ordered that he remain in custody.
Prosecutors said Smith’s messages to Trump Jr. included graphic threats, including statements about wanting to cut open Trump’s “jugular” and watch “the life” leave his “pathetic eyes.”
He also made a social media post with a song titled “I Am Going to Kill the President,” accompanied by a threat to “IMPEACH THIS MOTHERF—ER WITH A .308.”
“I will kill you[r] b— a— dad,” Smith said in an Instagram post that had both Trump and Trump Jr. tagged.
“I’m going to rape your worthless father … with his jugular cut while the life leaves his pathetic eyes,” Smith blasted in an Instagram direct message to Trump Jr.
According to his indictment, Smith railed about Trump, Trump Jr., and Israeli Prime Minister Benjamin Netanyahu in his online posts, and called into the “ICE tip line” to provide his name and city of residence — Clarksburg — while making death threats.
“Im gonna give them my name and where to find me so stay tuned you might get to see me rape and kill some proud Nazi boy f—s,” Smith allegedly posted, before calling the tip line.
Smith’s own dad alleged that the 20-year-old pulled a rifle on someone in the past, according to a detention order issued by Aloi.
“Defendant’s father explained that defendant has previously brandished a .22 rifle with someone who defendant had a disagreement with,” the order said, citing information provided by the DOJ and federal prosecutors while arguing for Smith to be detained.
“Considering the totality of the underlying nature of the charges, which are credible inasmuch as they are defendant’s statements, and the prior behavior of defendant, the government argued there is sufficient evidence that defendant poses a danger to community and thus, his detention is warranted,” Aloi said.
Prosecutors said the initial investigation into Smith began in January, when the Harrison County Sheriff’s Office contacted the West Virginia State Police about someone making threats. According to authorities, Smith had posted videos of himself in which he stated his intent to harm others.
In the videos, Smith called the Department of Homeland Security (DHS) and said “he was going to attack and kill ICE agents,” according to prosecutors. He also allegedly threatened the person who answered his call.
“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 resident office in Charleston, West Virginia, in a statement. “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 is facing up to five years in federal prison for the presidential threat charge and up to 10 years for the threats against ICE. His defense lawyer had argued in court filings that he “suffers from a serious addiction to controlled substances” that began when he was 12 years old. Aloi acknowledged this in his March 24 detention order.
“The undersigned acknowledges defendant’s substance abuse issues, however, those issues do not negate the seriousness of the charges and the underlying conduct,” Aloi said.
Aloi will recommend to Chief U.S. District Judge Thomas S. Kleeh of the Northern District of West Virginia that Smith’s guilty plea be accepted. A sentencing date was not immediately set.
