DENVER (AP) — Former Colorado elections clerk Tina Peters is asking the state appeals court to recognize President Donald Trump’s pardon of her state convictions as valid.
In a motion made on Tuesday, Peters’ legal representatives argued that the Colorado appeals court no longer holds jurisdiction over her case due to a pardon that Trump issued on December 5. They are also requesting her immediate release from prison based on this pardon.
Peters served as the clerk for Mesa County, Colorado, and was convicted of orchestrating a security breach linked to unfounded allegations of fraud in the voting process of the 2020 presidential election. Trump's pardon power, however, does not extend to state crimes.
Attorneys for Peters referenced a historical precedent where President George Washington pardoned individuals convicted of both state and federal crimes during the Whiskey Rebellion in 1795. They urged the appeals court to reach a swift decision on this matter. The court is expected to hear arguments regarding Peters’ appeal against her conviction on January 14.
Based on a ruling made on Wednesday, the Colorado attorney general’s office, which is defending Peters' conviction, will have until January 8 to respond to her claims.
The office of Colorado Attorney General Phil Weiser has thus far declined to comment on the matter. He previously dismissed the validity of Trump’s pardon when it was announced in December.
Should the appeals court deem the pardon invalid, Peters' attorney, Peter Ticktin, indicated that she might appeal this issue to the U.S. Supreme Court while concurrently proceeding with her state court appeal.
Another attorney from Peters' legal team has requested the state prison system to release her based on the pardon; however, the state has denied this request according to documentation included in the appeals court filing.
Earlier this month, Peters lost a bid in federal court for her release during the consideration of her state appeal.
Peters claims her trial judge violated her First Amendment rights, alleging she was punished for expressing her beliefs regarding election fraud. During her October 2024 sentencing, Judge Matthew Barrett labeled her a “charlatan” who posed a threat to the community by propagating misinformation about the electoral process.
Peters continues to assert that her actions were motivated by a genuine desire to expose what she considered to be election fraud.
She was convicted for allowing a man to improperly access the election systems using a security card and for misrepresenting that individual’s identity. The man involved was affiliated with Mike Lindell, CEO of MyPillow, known for promoting false claims regarding manipulated voting machines intended to disenfranchise former President Trump.















