In a surprising turn of events, former Colorado elections clerk Tina Peters is appealing to the state appeals court to acknowledge the validity of a presidential pardon she claims was issued by Donald Trump. This development comes as Peters continues to serve a nine-year prison sentence related to her involvement in a scheme that allegedly compromised election security.
On December 5, 2023, Trump issued a pardon to Peters, who was convicted of facilitating a security breach in the voting system while encouraging unfounded claims of election fraud during the 2020 presidential race. However, legal experts argue that Trump's pardon powers do not cover state-level convictions, a position echoed by the Colorado Attorney General's office.
Peters' legal team argues that historical precedents exist where federal pardons affected state convictions, referencing actions taken by President George Washington during the Whiskey Rebellion. They contend that historically, such pardons should allow the state appeals court to dismiss her convictions following the pardon.
The Colorado appeals court is scheduled to hear arguments in Peters' ongoing appeal of her conviction on January 14, 2024. Prior to this hearing, the state attorney general's office is expected to respond to Peters' claims by January 8.
While Peters maintains that her actions were driven by a desire to expose alleged fraud in the election system, judges have criticized her actions as reckless and a threat to public trust in the electoral system. During her sentencing, one judge referred to her as a 'charlatan' for her role in undermining the democratic process.
Peters also previously attempted to secure her release from prison through federal channels, but her request was denied. As her appeal progresses, her legal strategy continues to unfold amid complex issues regarding presidential pardons and state law.
