In Denver, former Colorado elections official Tina Peters has formally requested the state appeals court to acknowledge President Donald Trump's pardon of her state-level convictions as legally binding.
Legal Arguments Presented
Peters' legal team submitted a motion this Tuesday, contending that the Colorado appeals court has lost authority over her case due to the presidential pardon issued on December 5. They have also petitioned for her immediate release from incarceration based on this pardon.
The former Mesa County clerk was found guilty of state offenses for masterminding a data breach operation, motivated by unfounded allegations of voting machine manipulation during the 2020 presidential election. It is important to note that presidential pardon authority typically does not apply to state crimes.
Historical Precedent Cited
In their court submission, Peters' attorneys referenced historical precedent, noting that President George Washington granted pardons to individuals convicted of both state and federal crimes during the Whiskey Rebellion of 1795. They have urged the appeals court to expedite its decision on this matter. The court is scheduled to hear arguments regarding Peters' conviction appeal on January 14.
The appeals court has ruled that state attorneys defending the conviction may respond to Peters' arguments by January 8.
Official Response
Colorado Attorney General Phil Weiser's office has declined to comment on the ongoing case. Weiser previously dismissed the pardon when Trump announced it on December 11, 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."
Potential Legal Pathways
Should the appeals court determine the pardon invalid, one of Peters' attorneys, Peter Ticktin, indicated she could appeal that specific issue to the U.S. Supreme Court while her state conviction appeal continues.
Another attorney representing Peters, John Case, has asked the state prison system to release Peters based on Trump's pardon, but state authorities have refused this request, according to documentation included in the court filing.
Recent Legal Developments
Earlier this month, Peters was unsuccessful in her federal court attempt to secure release from prison while her state appeal is under consideration.
Peters maintains that the state judge who sentenced her to nine years imprisonment violated her First Amendment rights by penalizing her for making election fraud allegations.
Sentencing Details
During her October 2024 sentencing, Judge Matthew Barrett characterized Peters as a "charlatan" and asserted she presented a community danger by disseminating falsehoods about voting and weakening democratic processes.
Peters remained unrepentant during proceedings, insisting all her actions were aimed at exposing what she believed to be fraudulent activities, claiming she acted for the public good.
Her conviction stemmed from permitting an individual to improperly use a security card to access election systems while concealing that person's identity. This individual was associated with MyPillow CEO Mike Lindell, a prominent advocate of baseless claims that voting machines were manipulated to deprive Trump of election victory.
