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