David Czerniak, 62, of Hatfield, Arkansas, was arrested Wednesday morning after a federal grand jury in Boston indicted him on two counts of interstate transmission of threatening communications, according to federal prosecutors. The two Massachusetts lawmakers were not publicly identified.

The first voicemail was left at one lawmaker's Massachusetts office on or about Feb. 7, 2025. According to the indictment, Czerniak complained about government spending, immigration and border policies before warning that the lawmaker and the official's family would face consequences if immigrants harmed his own family or friends.

“It’s called an eye for an eye. This ain’t a threat. This is called freedom of speech,” the caller said, according to prosecutors. “You took my safety and security away. I’ll do the same to you.”

A second voicemail was left at another Massachusetts congressional office on or about Dec. 6, 2025. Prosecutors said Czerniak blamed Democrats for allegedly putting Americans in danger and threatened retaliation if an Immigration and Customs Enforcement agent or another federal agent were harmed.

The caller then warned the lawmakers to be careful when appearing publicly, referencing convicted Oklahoma City bomber Timothy McVeigh and conservative activist Charlie Kirk before saying, “Next time you people stand at a podium, you better [expletive] duck.”

Czerniak's comments prompted a federal investigation that ultimately led to the indictment. The charges concern the transmission of threatening communications across state lines, a federal offense that can carry up to five years in prison, three years of supervised release and a fine of up to $250,000 for each count.

Czerniak was scheduled to make his initial appearance in federal court in the Western District of Arkansas on Wednesday. Prosecutors said he will later appear in federal court in Boston.

The indictment contains allegations against Czerniak, and he is presumed innocent unless and until proven guilty in court.