DENVER (AP) – Former Colorado elections clerk Tina Peters is seeking validation from the state appeals court regarding a pardon issued by President Donald Trump for her state convictions. In a motion filed on Tuesday, Peters’ legal team argued that the Colorado appeals court no longer has jurisdiction over her case due to the pardon granted on December 5. The attorneys requested the court to release Peters from prison based on this pardon.
Peters, who previously served as the clerk for Mesa County, Colorado, was convicted of orchestrating a data breach scheme that was fueled by unfounded claims of voting machine fraud during the 2020 presidential election. It is important to note that Trump's pardon authority does not extend to state crimes, a fact that has been emphasized by legal experts.
In the motion to the court, Peters' lawyers referenced historical precedents, arguing that President George Washington issued pardons to individuals convicted of both state and federal offenses during the Whiskey Rebellion in 1795. They urged the Colorado appeals court to respond swiftly to their assertions. The court has scheduled to hear arguments regarding Peters' appeal against her conviction on January 14.
The appeals court issued a ruling on Wednesday, allowing lawyers from the state attorney general's office—which is defending the conviction—to file their response by January 8. The office of Colorado Attorney General Phil Weiser has declined to provide comments on this matter. Previously, when Trump announced the pardon on December 11, Weiser dismissed its validity, stating, “The idea that a president could pardon someone tried and convicted in state court has no precedent in American law, would be an outrageous departure from what our Constitution requires, and will not hold up.”
If the appeals court concludes the pardon is not valid, Peters' attorney, Peter Ticktin, indicated that they could appeal that decision to the U.S. Supreme Court while continuing to pursue her appeal against the conviction in state court. Additionally, another attorney representing Peters, John Case, has reached out to the state prison system to seek her release based on the pardon; however, the request has been denied, as evidenced by an email included in the appeals court filing.
Earlier this month, Peters suffered a setback when she lost an appeal in federal court to be released from prison pending the resolution of her state appeal. Peters asserts that the state judge, who sentenced her to nine years on criminal charges, infringed upon her First Amendment rights by penalizing her for expressing allegations concerning election fraud.
During her sentencing in October 2024, Judge Matthew Barrett characterized Peters as a “charlatan” and expressed concern that she posed a danger to the community, citing her dissemination of false information about the electoral process as detrimental to democracy. Peters has maintained her position that her actions were motivated by a desire to expose what she believed to be fraudulent practices, insisting that her intentions were for the greater good.
Peters faced conviction for permitting an individual to misuse a security card to access the election system and for being deceptive regarding that person’s identity. This individual was linked to Mike Lindell, the CEO of MyPillow and a notable supporter of baseless claims alleging that voting machines manipulated the election results to thwart Trump’s victory.
