...I am an avid reader of the Texas statutes. As such, something about this rang a bell for me. I knew that I had read at one time that threatening a public servant was a crime.
It is.
In the Texas Penal Code are two statutes that apply. The first:
Sec. 36.06. OBSTRUCTION OR RETALIATION. (a) A person commits an offense if he intentionally or knowingly harms or threatens to harm another by an unlawful act:
(1) in retaliation for or on account of the service or status of another as a:
(A) public servant, witness, prospective witness, or informant; or
(c) An offense under this section is a felony of the third degree unless the victim of the offense was harmed or threatened because of the victim's service or status as a juror, in which event the offense is a felony of the second degree.
The second:
Sec. 36.03. COERCION OF PUBLIC SERVANT OR VOTER. (a) A person commits an offense if by means of coercion he:
(1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant's known legal duty; or
(b) An offense under this section is a Class A misdemeanor unless the coercion is a threat to commit a felony, in which event it is a felony of the third degree.
The questions that have to be answered:
Did john Murphy threaten to harm anyone?
Of course he threatened harm. His threat was to close down air travel in Texas. The harms are obviously economic but even more than that. He threatened to deny us the right to freely travel using the method that we feel is most expedient. Yep. He threatened to harm us.
Was it the threat of an unlawful act?
It was definitely unlawful. First, the Department of Justice does not regulate air travel. However, he might have been speaking on behalf of someone else. Regardless, this threat was unlawful under Federal law. Title 42 of the United States code makes it unlawful for a Federal agent or employee to deny a person their civil rights. That includes the right to travel and the right to vote and have a republican form of government. His actions directly impacted my right and the right of all Texans to have a republican form of government. Was the threat unlawful? Check.
Was the threat for the purpose of coercing behavior from the Texas Senate?
You bet. Unfortunately for Texas, it worked. He told them specifically what needed to be done through the ultimatum.
Where do we go from here?
