Editor’s note: This column ran as a pro-con with another column that opposed the possibility of Gov. Jared Polis granting clemency to Tina Peters.
Tina Peters served as the clerk and recorder of Mesa County – the official responsible for running the county’s elections. Like many Americans in 2020, she had questions about election integrity. During an election software update, she gave someone else’s election security credential to a man she trusted. This individual took pictures of source codes, which should be open anyway, and published them. This action impacted no votes and occurred after the election. For that, 69-year-old Peters sits in the Larimer County jail, just a few months into the first part of her 9-year sentence.
Nine years. Nearly a decade in prison. At 69 years old. That is staggering when compared to the treatment of someone who casts a vote illegally — such as an illegal immigrant — would receive. Yet, Democrat Colorado Attorney General Phil Weiser and Secretary of State Jena Griswold were effusive in their praise of the shocking sentence given by Mesa County District Judge Matthew Barrett. The prosecution was cloaked in “bipartisanship” thanks to the participation of Republican (snake) Mesa County District Attorney Dan Rubenstein.
Judge Barrett called Peters’ reputation “poor” at her sentencing, which is rich coming from a local Colorado judge receiving below-average ratings from attorneys on his “judgment in the application of relevant law and rules.” Of much more concern are Judge Barrett’s sentence and reasoning for the punishment. During the sentencing, Judge Barrett claimed that Peters had “preached lies.” He also accused her of “undermin[ing]” the democratic process. Peters, like many Americans, believes that the 2020 election was stolen. Her belief is not a crime. Her expression of it is not a crime. In fact, it’s her constitutional right. That view should have had no impact on her sentence.
Defendants should receive punishment for what is done illegally, not for speech protected by the First Amendment. Even more egregiously, Judge Barrett denied Peters bail pending appeal, determining that the 69-year-old woman with no criminal history was somehow a danger to the community. Peters is not a violent criminal; rather, she acted on views that Judge Barrett does not like. Judge Barrett abused his power to deprive her of her freedom. Judge Barrett’s actions undermined democracy, not Peters’.
The Peters case illustrates another example of the weaponized justice system that President Donald Trump vowed to clean up during the 2024 campaign. Democrat Colorado Secretary of State Jena Griswold, through staggering incompetence at a minimum, allowed election machine passwords to get published online for public consumption for four months. She has not faced — nor will she face — any criminal liability, much less nearly a decade in prison. Tina Peters has suffered significantly while in custody. Her attorney has said both her mental and physical health has declined. She is being monitored for a recurrence of her lung cancer, and she also has to deal with the effects of fibromyalgia. Judge Barrett’s cruel, sadistic, and partisan sentence also has deprived Peters of the ability to see her 95-year-old mother.
Peters has sought relief in federal court, filing for a writ of habeas corpus. If granted, the court could set her free pending appeal. Her motion does not challenge the merits of the conviction. Chief United States Magistrate Judge Scott Varholak gave the prosecution until March 25 to respond. After that, Peters can reply, and the court may take months to rule.
The Trump Justice Department commendably has intervened, filing a statement of interest in the case. Acting United States Attorney for Colorado Bishop Grewell signed onto the filing which noted the extraordinary length of the sentence and the First Amendment implications of Judge Barrett’s remarks during sentencing. The Justice Department’s Civil Rights Division will investigate Peters’ case as part of the weaponization of the criminal justice system at both the state and federal levels. If Peters was prosecuted or sentenced in part because of political considerations, the perpetrators should face federal charges under 18 U.S.C. § 241 for conspiracy to violate her constitutional rights.
There is another way to stop Peters’ needless suffering: Colorado Gov. Jared Polis could commute her sentence. Peters has applied for clemency, and Colorado law requires that the prosecution and sentencing judge get notified and provided time to respond to the request. These partisans, of course, will oppose commutation – but Polis still should grant it. He has presidential aspirations for 2028 and beyond. He was one of the least restrictive governors during the pandemic, an illustration of his ability to be reasonable. He can enhance his bipartisan bona fides by relieving an elderly, nonviolent and first-time offender of needless suffering in a case where no election or vote count was impacted by the misconduct. Is Polis a statesman or a partisan?
As of now, Tina Peters will serve in prison until she is nearly 80 years old. To all but the most rabid leftists, this result is grossly unjust. If Polis succumbs to leftist pressure and fails to commute the sentence, the magistrate judge in the case should rule on Peters’ petition rapidly. President Trump cannot issue a pardon because this conviction is on the state level. The Justice Department, however, can and must hold those responsible for this travesty accountable to the maximum legal extent.
Mike Davis, a Colorado resident, is the founder and president of the Article III Project, a conservative legal advocacy organization working to fight against judicial corruption and lawfare.
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