Colorado officials have raised concerns over the Trump administration’s involvement in the legal case of Tina Peters, a former county election clerk convicted of allowing unauthorized access to election equipment after the 2020 presidential election. The U.S. Justice Department is attempting to intervene to facilitate Peters’ release from prison while she appeals her conviction. A federal court in Denver is scheduled to hold a hearing on the matter.
This case is seen as part of a broader pattern of actions by the Trump administration to support allies who have faced legal consequences for actions taken on behalf of the former president. The Justice Department has expressed concerns about potential abuses in the criminal justice process related to Peters’ prosecution.
Acting U.S. Assistant Attorney General Yaakov M. Roth indicated these concerns in a recent court filing. However, Colorado Attorney General Phil Weiser is opposing federal involvement, arguing that the Justice Department has not provided valid reasons for its intervention, merely echoing Peters’ arguments.
Weiser’s office maintains that Peters was prosecuted for breaking the law, not due to political pressures. They assert that her prosecution was carried out without political influence and intend to continue this approach regarding her sentencing and confinement conditions.
Magistrate Judge Scott T. Varholak denied Peters’ request to attend the Tuesday hearing, which will focus solely on legal arguments. The original Justice Department representatives, including Colorado’s acting U.S. Attorney J. Bishop Grewell, have recused themselves from the case due to potential conflicts of interest arising from their prior involvement in the state’s investigation of Peters.
Abigail Stout, a Justice Department lawyer based in Washington, has taken over representation of the federal government. Peters was sentenced to nine years in state prison in October for her defiance and pursuit of discredited claims regarding voting machine tampering. She is seeking release pending her appeal, claiming her rights to free speech were violated and that her actions were part of a federal duty to preserve election records.
Jurors previously found Peters guilty of using another individual’s security badge to grant access to a Mesa County election system expert linked to My Pillow CEO Mike Lindell, who has been a vocal proponent of unfounded claims regarding election fraud. Peters was also held in contempt of court, a conviction later overturned due to insufficient evidence.
The situation forms part of a pattern under the Trump administration, which has previously pardoned numerous individuals involved in the January 6, 2021, Capitol attack and has dropped corruption charges against New York’s Democratic mayor, Eric Adams, citing the need for his cooperation on immigration enforcement efforts.