'Gonna put a bullet in your head': Obama judge rejects Trump DOJ's push to give 'old f—' Biden assassination threat suspect years in prison
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President Joe Biden gives remarks on student debt relief at Delaware State University on October 21, 2022, in Dover, Delaware. (Photo by Anna Moneymaker/Getty Images.)

A New York resident who menaced President Joe Biden with threats of violence last year has been sentenced to prison, though the penalty falls short of what the Department of Justice was seeking. The individual, Troy Kelly, had taken to social media to declare his intention to “put a bullet” in the president, using derogatory language. Chief U.S. District Judge Brenda Sannes, appointed by President Obama, opted to impose a sentence that diverges from the DOJ’s recommendation.

The Justice Department, under the previous Trump administration, had advocated for a two-year prison term after Kelly admitted to making threats against the President of the United States. However, Judge Sannes ruled that Kelly would serve six months behind bars, followed by three years of supervised release, during which he must participate in a mental health treatment program. Kelly’s defense attorney had lobbied for no incarceration at all.

Defense attorney Timothy Austin, in a memorandum submitted on December 1, attributed Kelly’s behavior to his tumultuous upbringing and the negative influence of social media. He explained, “At 19, Troy had already endured significant trauma and family dysfunction.” Austin suggested that social media platforms played a role in shaping Kelly’s worldview.

Austin further elaborated on Kelly’s mindset at the time of the offense, portraying him as a young and immature individual struggling with personal frustrations. “His understanding of the broader world, including government and politics, was primarily shaped by online sources, which often thrive on anger and division,” Austin argued. He pointed to the influence of political actors and commentators whose provocative rhetoric can energize supporters, noting that Kelly merely emulated this behavior.

The case came to light when authorities, in June 2024, identified a threatening post made by Kelly on the social media platform “X,” formerly known as Twitter. Using the handle “@CountryBoyTroy0” and the display name “Troy Kelly,” he publicly threatened President Biden’s life.

The threat was posted on May 17, 2024, in response to a post from Biden celebrating “International Day Against Homophobia, Transphobia, and Biphobia.”

“On the International Day Against Homophobia, Transphobia, and Biphobia, my administration stands in solidarity with LGBTQI+ people around the world as they seek to live lives free from hate-fueled violence and discrimination,” Biden wrote. “It’s a matter of human rights, plain and simple.”

In response, Kelly fired off a post saying, “I really hope to see u old f—.”

“Gonna put a bullet in your head if I ever catch you,” he added. “Get the f— out of office.”

Investigators traced the username back to an IP address in Schroon Lake, New York, 250 miles north of Manhattan. Kelly used an email address associated with the account.

In an interview with a federal agent, he admitted to posting the threat and said “it’s true” when asked why he posted the statement.

“I asked Kelly if he still wants to kill President Biden and Kelly stated, ‘If I could, I would,’” the agent wrote in the complaint. “I asked Kelly why he wants to kill President Biden and Kelly replied by saying that President Biden and his son are a disgrace.”

Following the interview, two black powder rifles with optics were seized from Kelly’s room. A further review of his social media page showed that Kelly, on May 31, 2024, had responded to another Biden X post by writing, “We should just off this old f— already,” and “Biden. Your times coming. If not by my hand then someone else’s. You’ll see,” according to federal prosecutors.

Austin had asked Judge Sannes to give Kelly credit for time served. He has been out on pretrial release and electronically monitored home detention since July 1, 2024, at which point he had spent approximately seven days in custody after his initial arrest.

“He has benefited greatly from mental health treatment,” Austin concluded. “Going through this prosecution has been a stark wake-up call for Troy, expediting his maturation. He appreciates the seriousness of this crime and realizes the very real consequences of his actions, and he understands he must pay a steep price in the form of a felony conviction and the consequences thereof.”

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