A former Marine and current write-in congressional candidate was arrested and charged in federal court with threatening to kill President Donald Trump, the Department of Justice announced on July 16.

William Upham, 35, of Jacksonville, Florida, was taken into custody on July 10 after appearing in federal court in Jacksonville. The criminal complaint — a formal charging document filed by a federal prosecutor — was submitted July 15 under case number 3:26-mj-01296-SJH. If convicted, Upham faces up to five years in federal prison. The case is being handled by the U.S. Attorney's Office for the Middle District of Florida, with U.S. Attorney Gregory Kehoe announcing the charge in a DOJ press release The Guardian, 2026-07-16.

The Secret Service began its investigation after receiving reports of potential threats Upham had made against Trump. Investigators reviewed two videos Upham posted to his social media accounts in which he wore his military uniform. In the first, Upham called for the overthrow of the Trump administration, declaring "This is a call to arms," and recommended using a semiautomatic rifle such as an AR-15 with "two shots to the chest" and "one shot to the head." In the second video, Upham described Trump as the enemy who "must be killed" and compared the president to biblical descriptions of the antichrist.

Beyond the videos, the complaint states that Upham sent a message to a third party saying he made the videos to "declare war" against Trump and would "kill President Trump at the time that God chooses." The Secret Service also determined that Upham had access to firearms and had made concerning statements to law enforcement as recently as July 2026 The Guardian, 2026-07-16.

Upham is a Jacksonville resident, a former state prosecutor, and a former Marine. He is also a Republican write-in candidate for Florida's fifth congressional district, challenging incumbent Representative John Rutherford Florida Times-Union. His candidacy and his alleged statements place this case at an unusual crossroads of electoral politics, military service, and federal threat prosecution.

Acting Secretary of the Navy Hung Cao responded publicly on social media, stating that Upham is no longer a Marine and that his comments were unacceptable and do not represent Marine Corps values The Guardian, 2026-07-16. The acting secretary personally distancing the institution from a former member's alleged conduct shows how seriously the Navy Department views a uniformed Marine appearing in threatening videos, even after discharge.

Several elements distinguish this case from a routine threat prosecution. Upham's background as both a former prosecutor and a congressional candidate means he has legal training and a public political profile, which complicates any defense rooted in not understanding the law or the consequences of public statements. The specificity of the alleged threats — including recommended weapon type and shot placement — goes beyond generalized violent rhetoric into territory that federal prosecutors typically treat as credible risk indicators. And the fact that Upham allegedly told a third party he made the videos to "declare war" gives prosecutors a corroborating statement beyond the videos themselves.

The five-year statutory maximum for threatening the president is the standard ceiling under 18 U.S.C. § 871, the federal law that criminalizes threats against the president. Sentencing, if Upham is convicted, would follow the U.S. Sentencing Guidelines, which weigh factors including the specificity of the threat, the defendant's access to means, and any prior concerning conduct. The complaint's emphasis on Upham's firearm access and his recent statements to law enforcement suggests prosecutors are building a record on the "means" and "apparent ability" factors that judges weigh at sentencing.

The broader context here is one of heightened vigilance. The case enters a docket that has seen increased Secret Service scrutiny of presidential threats following two assassination attempts against Trump in 2024. Those prior incidents are not part of the verified facts of this case, but the investigative tempo and the willingness of a cabinet-level official to comment publicly are consistent with an agency and a Justice Department operating under sustained pressure to treat every credible threat with maximum seriousness.

Upham's congressional campaign faces an obvious legal impediment. A federal felony charge with a potential five-year sentence does not legally prevent a write-in candidacy under Florida election law, but a conviction would raise questions about eligibility to hold office and, more immediately, about the viability of a campaign whose central figure is in federal custody. The Rutherford campaign has not been reported as commenting on the matter, and the absence of any such comment in the verified record means it cannot be reported here.