A federal judge recently denied the request for the release of Tina Peters, a former Colorado clerk known for her involvement in efforts to overturn the 2020 election. Peters, who is currently serving a nine-year prison sentence, was convicted last year by a state jury of participating in a criminal scheme with other election deniers to compromise secure voting systems in her county, all in an attempt to corroborate false allegations of widespread electoral fraud propagated by former President Donald Trump.
Peters, now 70, has garnered significant attention and support from Trump, who has labeled her an “innocent political prisoner.” Reports indicate that Trump is under pressure to take more decisive actions to secure her release. Earlier this year, Peters filed a federal lawsuit, a habeas petition, claiming her free speech rights were violated during her trial. However, U.S. Magistrate Judge Scott Varholak dismissed her request for immediate release, citing that the matter was still pending in Colorado courts and thus outside his jurisdiction.
Judge Varholak acknowledged that Peters’ case raised significant constitutional questions about her sentencing, particularly whether she faced harsher punishment due to her First Amendment activities. However, he emphasized that the issue must be resolved in state courts before considering it further.
Trump’s administration has sought options to facilitate Peters’ release or transfer her to federal custody, yet efforts have met resistance from Colorado officials. Legal experts note that given the nature of the offenses—state crimes—there are limited avenues for federal intervention.
In a series of statements, Trump has criticized Colorado officials, including Governor Jared Polis and Attorney General Phil Weiser, for their refusal to consider releasing Peters. Polis has firmly stated he will not grant a pardon as part of any arrangement with Trump, while Weiser has remarked that there is “no basis” for her release and expressed strong opposition to any measures that could undermine accountability under state law.
Despite her incarceration, Peters continues to assert her innocence and is appealing her conviction. From her medium-security prison location at La Vista Correctional Facility, she has actively promoted conspiracy theories related to the 2020 election, even going so far as to claim to have received information from anonymous Venezuelan informants regarding U.S. voting machines.
Additionally, she has espoused a theory that the Justice Department has the authority to transfer her to a federal facility, suggesting that she requires protection as a witness in potential federal investigations related to the election. In a recent social media post, Peters expressed frustration towards the Justice Department, questioning their commitment to securing her release after repeated requests by Trump: “Get off your asses and get me out!”
Trump’s loyal aides have reportedly intensified pressure on Colorado authorities to alleviate Peters’ situation, claiming they are approaching the matter strategically to facilitate a favorable outcome for her. The political and legal complexity surrounding Peters’ case continues to unfold as it intertwines with broader debates about electoral integrity and political accountability.
