BOSTON — This is an official press release from the U.S. Department of Justice (USAO - Massachusetts), published as received.
BOSTON – A Hatfield, Ark., man has been arrested and charged for allegedly threatening two Massachusetts members of the United States Congress.
David Czerniak, 62, was indicted by a federal grand jury in Boston on two counts of interstate transmission of threatening communications. Czerniak was arrested this morning and will make an initial appearance in federal court in the Western District of Arkansas later today. He will appear in federal court in Boston at a later date.
“Threats of violence against elected officials are not protected speech. They are federal crimes,” said United States Attorney Leah B. Foley. “We will not tolerate behavior intended to terrorize public officials, their families or their communities. We take all threats extremely seriously. If you make them, we will find you – and we will hold you accountable.”
“Americans can and will disagree on policy and politics, but those disagreements must never escalate into threats or acts of violence. Today, the FBI arrested David Czerniak whose rhetoric crossed the line into alleged criminal conduct,” said Ted E. Docks, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “We urge everyone to engage respectfully, recognize the legitimacy of differing viewpoints, and uphold the principles that allow our democratic process to function safely and effectively because the FBI and our partners will not tolerate attempts to intimidate, coerce, or endanger anyone.”
According to the indictment, on or about Feb. 7, 2025, Czerniak left the following voicemail for Public Official 1 at their Massachusetts office:
Yes, [Public Official 1], I would like to hear back from you after this conversation. President Trump put Elon Musk into office to do a job that you f****** Democrats keep stealing from us American citizens. Okay, the USAD, that’s a f****** farce. Okay, you guys spend millions of my tax dollars when I, my son-in-law is a disabled veteran who can’t get a f****** thing, and you're putting billions of dollars into these f****** illegal aliens. Okay, illegal trespassers. Oh, there’s one more thing, you Democrats wanted open borders and you let unconstitutional and you unconstitutionally took my safety away from me and my family by taking open borders. Okay? I’m going to let you know one thing you and any of your family members will pay the consequences and would be responsible if any of these f****** illegal immigrants harm my family and friends in any way. It’s called an eye for an eye. This ain’t a threat. This is called freedom of speech because you wanted f****** open borders. You took my safety and security away. I’ll do the same to you. Okay? Now Obama, Obama sent billions to f****** terrorists, Iran, of my. . .
On or about Dec. 6, 2025, Czerniak left the following voicemail for Public Official 2 at their Massachusetts office:
Yes, please give this message to [Public Official 2] and all your other Democrats. You know, you people think that the American people are blind. You f****** Democrats had open borders endangered the lives of American people and murdered American citizens, and now you’re going to say that Trump and Pete Hegseth is, well, you know what you guys want to say, they’re endangering America? F*** you! And you know what the other thing is, is, if you keep your f****** rhetoric, if another ICE agent, federal agent, any of them get hurt, you better watch your f****** backs. It’s an eye for an eye, mother******; you’re f****** playing with danger. We’re tired of you f****** Democrats lying to the American people consistently, consistently. You f****** liars. You better watch your back. It’s coming. It’s coming to all you guys. Remember what Timothy McVeigh did? Remember what happened to Charlie Kirk? Next time you people stand at a podium, you better f****** duck. You better watch your back, I’m telling you.
The charge of interstate transmission of threatening communications provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
U.S. Attorney Foley and FBI SAC Docks made the announcement. Valuable assistance was provided by the United States Capitol Police; the Massachusetts State Police; and the Polk County Sheriff’s Office in Arkansas. Assistant U.S. Attorney Lucy Sun of the Criminal Division is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.
