Donald Trump’s justice department said it will review the Colorado conviction of former election clerk Tina Peters, who received a nine-year prison sentence for her role in a voting system data-breach scheme as part of an unsuccessful quest to find voter fraud in 2021.
Yaakov Roth, an acting assistant attorney general, wrote in a court filing Monday that the Department of Justice is “reviewing cases across the nation for abuses of the criminal justice process”, including Peters’.
“This review will include an evaluation of the State of Colorado’s prosecution of Ms. Peters and, in particular, whether the case was ‘oriented more toward inflicting political pain than toward pursuing actual justice or legitimate governmental objectives,’” Roth wrote, echoing the language in a Trump executive order on “Ending the Weaponization of the Federal Government”.
Peters, then the clerk of Mesa county, allowed a man affiliated with the pillow salesman and election denier Mike Lindell to misuse a security card to access the Mesa county election system. Lindell posted about the DoJ’s statement on his fundraising website, telling donors their assistance had “contributed to positive developments at the Department of Justice that give us hope that the wheels are in motion for the early release of Tina Peters”.
Jurors found Peters guilty in August 2024, convicting her on seven counts related to misconduct, conspiracy and impersonation, four of which were felony charges. Judge Matthew Barrett sentenced her in October 2024 to nine years in prison, calling Peters “as defiant as a defendant that the court has ever seen” and said he believed Peters would do it all over again if she could.
Peters had argued for probation and is appealing the conviction.
The DoJ’s statement of interest notes that Peters’ physical and mental health have deteriorated while she’s been in prison, and that “reasonable concerns have been raised” about her case, including the “exceptionally lengthy sentence” the court imposed and the denial of bail for Peters while her appeal plays out. Her appeal deserves “prompt and careful consideration” by the court, Roth wrote.
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Dan Rubinstein, the Mesa County district attorney, said in a statement that “nothing about the prosecution of Ms. Peters was politically motivated”.
“In one of the most conservative jurisdictions in Colorado, the same voters who elected Ms. Peters, also elected the Republican District Attorney who handled the prosecution, and the all-Republican Board of County Commissioners who unanimously requested the prosecution of Ms. Peters on behalf of the citizens she victimized,” Rubinstein said. “Ms. Peters was indicted by a grand jury of her peers, and convicted at trial by the jury of her peers that she selected.”
Peters has become a cause célèbre on the right, with some Republicans promoting a “free Tina Peters” movement. A small rally in Fort Collins, Colorado, over the weekend called attention to Peters’ appeal, and protestors there insisted she was innocent and had discovered election fraud.
Trump cannot pardon Peters because she was convicted of state crimes, not federal ones. Some Colorado Republicans have suggested Trump should withhold federal funds from the state until the Democratic governor Jared Polis agrees to pardon Peters, Colorado’s 9News reports.
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