Tina Peters presses Colorado court to accept Trump pardon despite state conviction limits

Tina Peters' attorneys argued that Trump's December pardon voided state convictions, but Colorado Attorney General Phil Weiser rejected the claim
PUBLISHED 1 HOUR AGO
The Colorado Court of Appeals set a January 8 deadline for the state's response in Tina Peters' pardon dispute, with oral arguments scheduled for January 14 in Denver (Getty Images)
The Colorado Court of Appeals set a January 8 deadline for the state's response in Tina Peters' pardon dispute, with oral arguments scheduled for January 14 in Denver (Getty Images)

DENVER, COLORADO: Former Colorado elections clerk Tina Peters has asked the Colorado Court of Appeals to recognize a presidential pardon issued by President Donald Trump and to order her release from state prison.

Peters' attorneys filed a motion on Tuesday, December 23, arguing that the pardon, signed on December 5, removes the court's jurisdiction over her case and should invalidate her state convictions.

She was sentenced to nearly nine years in prison in October 2024 for state crimes related to security breach at county election systems reportedly driven by false claims about the 2020 presidential election. 

According to the current law, presidential pardons are usually understood not to extend to state-level offences. 

U.S. President Donald Trump takes a question from a reporter in the Roosevelt Room of the White House on March 3, 2025 in Washington, DC. Trump announced that Taiwan Semiconductor Manufacturing Company, one of the largest manufacturers of semiconductor chips, plans to invest $100 billion in new manufacturing facilities in the United States. (Photo by Andrew Harnik/Getty Images)
President Donald Trump takes a question from a reporter in the Roosevelt Room of the White House on March 3, 2025, in Washington, DC (Andrew Harnik/Getty Images)

Legal motion centers on pardon authority 

In a filing to the Colorado Court of Appeals, Peters' legal team contended that the December 5 pardon should eliminate the court's authority to continue hearing her appeal and that she should be freed as a result.

They cited a historical example in which former President George Washington issued pardons for both State and federal convictions after the Whiskey Rebellion in 1795, urging the court to consider that precedent. 

SEDALIA, CO - JUNE 28: Mesa County Clerk and Colorado Republican candidate for secretary of state Tina Peters reacts to early election returns during a primary night watch party at the Wide Open Saloon on June 28, 2022 in Sedalia, Colorado. Peters lost to former Jefferson County Clerk Pam Anderson, who will move on to face Democratic incumbent Jena Griswold. (Photo by Marc Piscotty/Getty Images)
Mesa County Clerk and Colorado Republican candidate for secretary of state Tina Peters reacts to early election returns during a primary night watch party at the Wide Open Saloon on June 28, 2022, in Sedalia, Colorado (Marc Piscotty/Getty Images)

Peters' attorneys argue the pardon covers her convictions and that she is entitled to immediate release.

Another motion included in the court filing indicated that the Colorado Department of Corrections had refused a request from one of her lawyers, John Case, to release her based on the presidential pardon.

SEDALIA, CO - JUNE 28: Mesa County Clerk and Colorado Republican candidate for secretary of state Tina Peters (C) follows election results with supporters during a primary night watch party at the Wide Open Saloon on June 28, 2022 in Sedalia, Colorado. Peters lost to former Jefferson County Clerk Pam Anderson, who will move on to face Democratic incumbent Jena Griswold. (Photo by Marc Piscotty/Getty Images)
Mesa County Clerk and Colorado Republican candidate for secretary of state Tina Peters (C) follows election results with supporters during a primary night watch party at the Wide Open Saloon on June 28, 2022, in Sedalia, Colorado (Marc Piscotty/Getty Images)

The appeals court scheduled a response from the Colorado Attorney General's office by January 8, ahead of oral arguments in Peters' ongoing state appeal, which are set for January 14. 

State officials say the pardon does not apply to state crimes 

Colorado's Attorney General Phil Weiser previously dismissed the idea that a presidential pardon can override state convictions, maintaining that Trump's pardon authority does not extend to crimes tried and convicted in state court.

He stated that "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." 

U.S. President Donald Trump delivers remarks as first lady Melania Trump looks during the Congressional Ball at the Grand Foyer of the White House on December 11, 2025 in Washington, DC. President Trump hosted congressional members at the White House to celebrate the holiday season. (Photo by Alex Wong/Getty Images)
President Donald Trump and First Lady Melania Trump during the Congressional Ball in the Grand Foyer of the White House in Washington, DC, on Thursday, December 11, 2025 (Getty Images) 

Although if the appeals court rules that the pardon isn’t valid, one of Peters’ attorneys said that she could take the appeal to the Supreme Court, as the state court continues to consider Peters’ appeal of her conviction.

Peters was convicted by a jury and sentenced to nine years for her role in the 2021 breach of Mesa County voting system security.

Peters has contended that a state judge violated her First Amendment rights by penalizing her for speech related to her claims about election fraud. 

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