Federal Judge Denies Release of Former Colorado Clerk Tina Peters

A federal judge has denied former Mesa County Clerk Tina Peters' request for release from prison while she appeals her conviction related to election security breaches.

Peters, 70, was convicted in October 2024 on multiple charges, including four felonies, for allowing unauthorized access to Mesa County's voting systems in 2021. She is currently serving a nine-year sentence at La Vista Correctional Facility in Pueblo, Colorado.

In her federal habeas corpus petition, Peters argued that her First Amendment rights were violated during her trial and sentencing. However, U.S. Magistrate Judge Scott Varholak dismissed the petition, citing the ongoing appeal in Colorado's state courts. "Ms. Peters raises important constitutional questions concerning whether the trial court improperly punished her more severely because of her protected First Amendment speech," Varholak wrote. "But because this question remains pending before Colorado courts, this Court must abstain from answering that question until after the Colorado courts have decided the issue."

President Donald Trump has publicly supported Peters, calling her an "innocent political prisoner" and demanding her release. In August, Trump warned of "harsh measures" if Peters was not freed.

The Federal Bureau of Prisons requested Peters' transfer to federal custody, a move that would potentially allow for a presidential pardon. However, Colorado officials, including Governor Jared Polis and Attorney General Phil Weiser, have rejected this request. Weiser stated, "The federal government has no legal basis to interfere with the sentence in this case—this was a state prosecution for violations of state laws, conducted by state officials, and heard by a state judge and jury."

Peters maintains her innocence and continues to appeal her conviction in state court.