Denver, Colorado — Former Mesa County elections clerk Tina Peters is asking the Colorado Court of Appeals to recognize a pardon issued by President Donald Trump and order her release from state prison, despite long-standing constitutional limits on presidential pardon authority. In a filing submitted Tuesday, Peters’ attorneys argued that Trump’s Dec. 5 pardon stripped the state court of jurisdiction over her case and requires her immediate release.
Peters is serving a nine-year state sentence after being convicted of crimes tied to a voting system breach fueled by false claims of widespread election fraud following the 2020 presidential race. Her convictions stemmed from allowing unauthorized access to election equipment and misleading investigators about the individual involved, who had ties to election conspiracy promoters.
Legal experts and state officials have repeatedly noted that presidential pardons apply only to federal crimes, not state convictions. Colorado Attorney General Phil Weiser previously dismissed the pardon’s legal relevance, calling the idea that a president could erase a state conviction “an outrageous departure” from constitutional law.
In court filings, Peters’ lawyers pointed to historical pardons issued after the Whiskey Rebellion, arguing early precedent supports broader executive authority. The appeals court has given state attorneys until Jan. 8 to respond, ahead of scheduled arguments on Peters’ underlying appeal.
If the state court rejects the pardon claim, Peters’ attorneys say they may seek review by the U.S. Supreme Court while her appeal continues.
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