Judge Rejects Former Colorado Clerk’s Bid for Freedom, She Remains in Prison

Federal Judge Rejects Former Colorado Clerk’s Prison Release Request

A federal magistrate judge on Monday denied former Mesa County Clerk Tina Peters’ request to be released from prison while she appeals her state conviction for election-related crimes. Peters, who is serving a nine-year sentence, had sought freedom through a federal lawsuit challenging her imprisonment.

Judge Scott Varholak ruled that Peters failed to make a compelling case for federal intervention in her state sentence. Peters had claimed that the state judge who sentenced her violated her First Amendment rights by punishing her for making allegations about election fraud.

Peters was convicted for orchestrating a data breach scheme fueled by false claims about voting machine fraud in the 2020 presidential election. During her October 2024 sentencing, state Judge Matthew Barrett characterized Peters as a “charlatan” and deemed her a danger to the community for spreading election misinformation and undermining democratic processes.

The case has attracted significant political attention, with former President Donald Trump and retired Lt. Gen. Michael Flynn publicly advocating for Peters’ release. In August, Trump posted on his Truth Social platform: “Let Tina Peters out of jail, RIGHT NOW. She did nothing wrong, except catching the Democrats cheat in the Election.” Trump also warned he would “take harsh measures” if Peters wasn’t freed, citing concerns about her age and health. Peters is 70 years old.

Flynn has suggested that Peters should be transferred to federal custody, arguing she could serve as a witness in an investigation of the 2020 election. According to one of Peters’ lawyers, the Trump administration sent a letter to the Colorado prison system in mid-November requesting such a transfer, presumably to facilitate her involvement in an election investigation.

Peters has remained unapologetic throughout her legal proceedings, insisting that her actions were aimed at uncovering what she believed was election fraud and were done for “the greater good.” Her defense team argued that Judge Barrett erred in characterizing Peters’ statements as “lies” and claimed there was no evidence her speech posed any danger.

In her federal lawsuit, Peters’ attorneys cited three precedent cases where federal judges ordered the release of individuals convicted of state crimes while they appealed, including a 1977 case involving Native American activist Russell Means that centered on First Amendment rights. Peters challenged her imprisonment under the constitutional provision known as habeas corpus.

The U.S. Department of Justice notably intervened in Peters’ federal case in March, expressing “reasonable concerns” about her prosecution and suggesting it was reviewing whether the case was “oriented more toward inflicting political pain than toward pursuing actual justice.” This language echoed an executive order signed by Trump entitled “Ending the Weaponization of The Federal Government.”

Colorado state officials objected to federal involvement, characterizing the DOJ’s statement as a “naked, political attempt” to intimidate the court or prosecutors. The state’s objection was unsuccessful.

It’s worth noting that no evidence of widespread election fraud has been found in Colorado. The state’s election system has been defended by county clerks across Colorado, most of whom are Republican. Peters was prosecuted by an elected Republican district attorney, and the three supervisors in her conservative-leaning county supported the case and defended the integrity of the state’s elections.

With the federal magistrate’s ruling, Peters will remain incarcerated as her state appeal proceeds through the Colorado court system.