‘Make no mistake, this is a lawless act’: Colorado officials reject Trump’s Tina Peters pardon claim
COLORADO (KRDO) -- President Donald Trump has posted on Truth Social claiming that he is granting Tina Peters, the former Mesa County clerk currently behind bars for tampering with voting machines after the 2020 election, a full Pardon as of Dec. 11.
His post sparks various legal questions, as according to the American Bar Association, a president can not pardon someone on state crimes, which is the case for Peters.
Colorado Secretary of State Jena Griswold tells KRDO13 that, regardless of the president's efforts, he doesn't have the jurisdiction.
"Make no mistake, this is a lawless act. Tina Peters was convicted by a jury of her peers for state crimes in state court. Trump has absolutely no constitutional authority to pardon her.... he has continued to try to intimidate the state of Colorado to release her. I see this as a ratcheting up on that. "
In response to Trump's statement, Governor Polis sent the following statement to KRDO13:
“Tina Peters was convicted by a jury of her peers, prosecuted by a Republican District Attorney, and in a Republican county of Colorado, and found guilty of violating Colorado state laws, including criminal impersonation. No President has jurisdiction over state law nor the power to pardon a person for state convictions. This is a matter for the courts to decide, and we will abide by court orders.”
Attorney General Phil Weiser released the following statement:
“One of the most basic principles of our constitution is that states have independent sovereignty and manage our own criminal justice systems without interference from the federal government. 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."
Background on Tina Peters
In late November, Colorado’s Department of Corrections (CDOC) declined a Department of Justice request to transfer her into federal custody.
Peters is currently serving a nine-year sentence handed down in October 2024 for her role in a data-breach scheme she claimed aimed to prove widespread voter fraud in the 2020 election.
Peters was convicted after giving a person affiliated with MyPillow CEO Mike Lindell access to the election software. Photos of the software then circulated on right-wing websites, according to ABC News.
In March, the DOJ asked a federal judge to consider releasing her from state prison. The department argued that "reasonable concerns" had been raised about parts of her case, and announced it was reviewing her prosecution for potential "abuses of the criminal justice process.
READ MORE: Trump’s DOJ to review Tina Peters’ conviction in Colorado election tampering case
President Trump has repeatedly pressured federal officials to intervene, taking to Truth Social to call Peters an “innocent political prisoner” and urging the DOJ to "take all necessary action" to secure her release.
According to our Denver news partners, the Federal Bureau of Prisons issued a notice to the CDOC on Nov. 12, pressing for Peters to be moved out of Colorado custody. Peter's attorney also endorsed the idea of Trump using the military to free her.
The state decided to keep Peter under Colorado's jurisdiction, continuing her sentence inside a Colorado prison.
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