Former Colorado Clerk’s Federal Appeal for Release from Prison Denied

A federal judge has denied former Colorado county clerk Tina Peters’ request to be released from prison while she appeals her conviction for orchestrating a voting machine data breach scheme.

Federal magistrate judge Scott Varholak ruled Monday that Peters failed to make a compelling case for federal court intervention to overturn her state sentence. Peters, the former Mesa County Clerk, is currently serving a nine-year prison term after being convicted of charges related to a security breach of voting machines following the 2020 presidential election.

“Peters didn’t make a case that he should get involved in overturning her state sentence,” Judge Varholak stated in his ruling.

Peters’ attorney, John Case, expressed disappointment with the decision while maintaining his client’s innocence. “When Tina is released, and she will be released in time, hopefully soon, it will mean that we are healing from the atrocities which have befallen Tina and the people of Colorado,” Case wrote in an emailed statement.

The case stems from Peters’ actions following the 2020 presidential election, when she allegedly facilitated unauthorized access to Mesa County’s voting systems while promoting unfounded claims of election fraud. During her October 2024 sentencing, state Judge Matthew Barrett described Peters as a “charlatan” who posed a danger to the community by spreading misinformation about voting systems and undermining democratic processes.

Peters has remained unapologetic throughout her legal proceedings, insisting her actions were aimed at uncovering what she believed was election fraud. Her defense team argued that Judge Barrett improperly characterized her statements as “lies” and failed to provide evidence that her speech posed any danger.

The case has drawn significant political attention, particularly from former President Donald Trump and his allies. Trump publicly called for Peters’ release on his Truth Social platform in August, writing: “Let Tina Peters out of jail, RIGHT NOW. She did nothing wrong, except catching the Democrats cheat in the Election.” He also warned of “harsh measures” if she wasn’t freed, claiming she was elderly and unwell.

Former national security adviser Michael Flynn has also advocated for Peters’ release, suggesting she should be transferred to federal custody to serve as a witness in an investigation of the 2020 election. The Trump administration sent a letter to Colorado’s prison system in mid-November requesting Peters be transferred to federal custody, a move one of her attorneys believed was intended to facilitate her involvement in the election investigation.

Despite these claims, Colorado officials have consistently emphasized that there is no evidence of widespread election fraud in the state. The integrity of Colorado’s electoral systems has been defended by county clerks across the state, most of whom are Republicans. Peters was prosecuted by a Republican district attorney, and her case was supported by three supervisors in her conservative-leaning county.

The U.S. Justice Department entered the fray in March, expressing “reasonable concerns” about Peters’ prosecution and suggesting it may have been politically motivated. However, Colorado state officials objected to this federal involvement, characterizing it as a “naked, political attempt” to intimidate the court or prosecutors.

Peters’ legal team cited three precedent cases where federal judges ordered state prisoners released during appeals, including a 1977 case involving Native American activist Russell Means, who was freed after a court determined restrictions on his political activities violated his First Amendment rights.

The rejection of Peters’ habeas corpus petition means she will remain incarcerated as her state appeal proceeds through the Colorado court system, marking another chapter in a case that has become emblematic of the political divisions surrounding U.S. election administration and security.