Former Colorado elections clerk Tina Peters is asking a state appeals court to recognise a pardon issued by Donald Trump for her state convictions as valid.
In a motion, her lawyers argue the court lacks jurisdiction due to Trump’s December 5 pardon, demanding her release from prison.
Ms Peters, the former Mesa County clerk, was convicted of state crimes for orchestrating a data breach scheme, driven by false claims about 2020 election voting machine fraud.
A US president’s pardon power typically does not extend to state crimes.
Her legal team cited President George Washington’s pardons for state and federal crimes in the 1795 Whiskey Rebellion.
They urged a swift ruling, with arguments for her conviction appeal set for Jan. 14.
The appeals court ruled lawyers from the state attorney general’s office, defending the conviction, must respond to Ms Peters’ arguments by January 8 Colorado Attorney General Phil Weiser previously dismissed the pardon, stating: "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." His office declined further comment.
If the appeals court deems the pardon invalid, one of Ms Peters’ attorneys, Peter Ticktin, said she could appeal to the US Supreme Court.
Another lawyer, John Case, sought her release from state prison based on Trump's pardon, but the state refused, an email in the court filing shows.
Earlier this month, Ms Peters lost a federal court bid for release from prison. She claims the state judge who sentenced her to nine years violated her First Amendment rights by punishing her for election fraud allegations.
During her October 2024 sentencing, Judge Matthew Barrett called Ms Peters a "charlatan" and said she posed a danger to the community for spreading lies.
Ms Peters was unapologetic, insisting her actions were to uproot what she believed was fraud and done for the greater good.
Ms Peters was convicted of allowing a man to misuse a security card to access the election system and being deceptive about his identity.
The man was affiliated with MyPillow chief executive Mike Lindell, a prominent promoter of false claims that voting machines were manipulated to steal the election from Donald Trump.
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