Appeals judge seems skeptical of sentence for pro-Trump Colorado clerk Tina Peters
A Colorado appeals court appeared skeptical of a sentence for a pro-Trump elections official convicted of assisting in a breach of elections equipment in 2020 on Wednesday.
While judges on the panel expressed little sympathy for the arguments from lawyers for former county clerk Tina Peters, they also grilled state lawyers. Judges were particularly critical of claims that Peters should be held accountable for spreading election conspiracies in 2020.
"The court cannot punish her for her First Amendment rights," Appeals Judge Craig Welling said.
Peters used another person's security badge to allow a former surfer, Conan Hayes, to watch a software update of her county's election management system. Prosecutors said he made copies of the system's hard drive before and after the upgrade, and that partially redacted security passwords later turned up online. Hayes was not charged with any wrongdoing.
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Peters, who was pardoned by President Donald Trump in December, spent her Christmas in a Colorado prison after being convicted in October 2024 as the state resists the pressure from Trump.
Her lawyers nevertheless argue that a state-level pardon from Gov. Jared Polis is on its way. Trump had threatened the state with a loss of federal funding if Polis doesn't issue a pardon. Polis, for his part, has described Peters' nine-year sentence as "harsh."
Trump has posted on social media about Peters' case multiple times, describing her as a "patriot."
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"Instead of protecting Americans and their Tax Dollars, Democrats chose instead to prosecute anyone they can find that wanted Safe and Secure Elections," Trump posted. "Democrats have been relentless in their targeting of TINA PETERS, a Patriot who simply wanted to make sure that our Elections were Fair and Honest."
"Tina is sitting in a Colorado prison for the ‘crime’ of demanding Honest Elections," Trump continued. "Today I am granting Tina a full Pardon for her attempts to expose Voter Fraud in the Rigged 2020 Presidential Election!"
In a statement to Fox News Digital, Peters' attorney, Peter Ticktin, said the pardon should be applicable to state charges.
"I have great confidence that the appeal will be determined in Tina's favor," Ticktin explained. "However, the pardon which was issued by the grace of President Trump and for which we are extremely grateful could have put us in a difficult position.
"Contrary to Colorado’s governor, we see the pardon as applicable to state charges," Peters’ attorney added. "Hence, the Colorado Court of Appeals may or may not have jurisdiction to hear the appeal, which has been pending."
The Associated Press contributed to this report.