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 submitted on Tuesday, Peters' lawyers argue that the Colorado appeals court no longer has jurisdiction over her case due to the pardon issued on December 5. They have requested her release from prison based on this pardon.
Peters, who previously served as the Mesa County clerk, was convicted of state crimes for orchestrating a data breach scheme fueled by false claims of voting machine fraud in the 2020 presidential election. However, the legal scope of Trump’s pardon power does not extend to state crimes.
The court filing from Peters' attorneys also references historical instances, arguing that President George Washington pardoned individuals for both state and federal crimes during the Whiskey Rebellion in 1795. They have urged the appeals court to act swiftly. A hearing for Peters’ appeal is set for January 14.
The appeals court has ruled that attorneys from the state attorney general’s office, which is defending the conviction, may respond to Peters’ arguments by January 8.
In response to Trump's pardon announcement, Colorado Attorney General Phil Weiser's office declined to comment, emphasizing that the concept of a president pardoning a state conviction lacks precedent in American law and would constitute a significant deviation from constitutional requirements.
Should the appeals court dismiss the validity of the pardon, Peters' legal options may include an appeal to the U.S. Supreme Court while her state conviction appeal is pending.
Earlier this month, Peters lost a federal court case aimed at her release during the appeal process, with her attorneys claiming the state judge violated her First Amendment rights when sentencing her to nine years in prison. The judge expressed concern over Peters’ actions posing a risk to the community through the spread of misinformation about the electoral process.
Peters was convicted of allowing an unauthorized individual access to her election system and misrepresenting that individual’s identity. This individual was reportedly linked to MyPillow CEO Mike Lindell, known for promoting false claims about electoral fraud.
