Tina Peters has asked a Colorado appeals court to recognize President Trump’s Dec. 5 pardon and to release her from a nine-year state prison sentence, arguing the pardon strips the court of jurisdiction. Legal experts and Colorado officials contend presidential pardons apply to federal — not state — convictions. The appeals court has allowed the attorney general to respond by Jan. 8 and will hear arguments on Jan. 14. Peters' lawyers say they could seek U.S. Supreme Court review if the court rejects the pardon claim.
Tina Peters Asks Colorado Appeals Court To Recognize Trump Pardon And Order Her Release
FILE - Candidate Tina Peters speaks during a debate for the state leadership position, Feb. 25, 2023, in Hudson, Colo. (AP Photo/David Zalubowski, File)
DENVER — Former Mesa County elections clerk Tina Peters has asked a Colorado appeals court to treat President Donald Trump's Dec. 5 pardon as valid and to declare the court no longer has jurisdiction over her state convictions, seeking immediate release from custody.
Legal Filing and Timeline
In a motion filed Tuesday, Peters' attorneys argued that the presidential pardon strips the state appeals court of authority over her convictions and asked the court to free her. The appeals court has scheduled oral arguments in Peters' appeal for Jan. 14 and gave the Colorado attorney general's office until Jan. 8 to respond to the filing.
Conviction and Sentence
Peters was convicted in Colorado of crimes tied to a scheme that involved breaching election data and facilitating access to Mesa County's election system. In October 2024, Judge Matthew Barrett sentenced her to nine years in prison, saying she had spread false claims about voting and posed a danger to the democratic process. Peters maintains she acted to expose alleged fraud and remains unrepentant.
Legal Context And Dispute
Legal experts and state officials note that the U.S. President's clemency power under the Constitution applies to federal offenses and traditionally does not extend to convictions under state law. Colorado Attorney General Phil Weiser said when the pardon was announced that the idea a president could nullify a state conviction 'has no precedent in American law' and would conflict with constitutional principles.
Defense Argument: Peters' lawyers cited historical precedent — arguing that President George Washington issued pardons related to the Whiskey Rebellion in 1795 — and urged the appeals court to rule quickly.
Next Steps
If the appeals court rejects the presidential pardon claim, Peters' attorneys say they may seek review of that specific legal question in the U.S. Supreme Court while the state appeal of her convictions proceeds. Separately, one of Peters' lawyers asked the state prison system to release her on the basis of Trump's pardon; the state refused, according to an email included with the appeals-court filing. Peters also earlier lost a bid in federal court to be released while her state appeal is pending.
The convictions stem from Peters allowing a man to misuse a security card to access the county's election system and making deceptive statements about that person's identity. The man has ties to MyPillow CEO Mike Lindell, who has been a prominent promoter of debunked claims that voting machines were manipulated in the 2020 election.
