Former President Donald Trump announced Thursday that he intends to grant a federal pardon to Tina Peters, the former Mesa County election clerk convicted for her role in a major election data breach following the 2020 presidential election. However, Peters’ nine-year state prison sentence remains unaffected, as presidential pardon powers extend only to federal crimes.
Peters, who facilitated the leak of sensitive voting system data, was convicted in Colorado state court. The breach exposed election infrastructure and sparked widespread concerns over election security, though it revealed no evidence of voter fraud.
In a statement on Truth Social, Trump called Peters a “Patriot” and claimed the pardon was intended to reward her efforts to “ensure our Elections were Fair and Honest.”
“Tina is sitting in a Colorado prison for the ‘crime’ of demanding Honest Elections. Today, I am granting Tina a full Pardon for her attempts to expose Voter Fraud in the Rigged 2020 Presidential Election!” Trump wrote.
Federal Pardon Does Not Apply to State Convictions
Legal experts and Colorado officials quickly noted that the pardon cannot nullify Peters’ state conviction. Only the Governor of Colorado has the authority to grant clemency or a pardon for crimes prosecuted under state law.
Colorado Attorney General Phil Weiser emphasized the limits of federal authority, saying,
“No, there’s no legal authority for any federal government action to take a prisoner who is in state custody, lawfully having been tried, convicted and sentenced. This is an important principle of our Constitution.”
Governor Jared Polis reinforced this stance, noting that Peters’ conviction was the result of a jury trial and proper legal process, and highlighting that no president has jurisdiction over state law.
Context and Broader Pardon Efforts
Trump has previously used his presidential pardon power to shield numerous election deniers and others involved in efforts to overturn the 2020 election, including over 1,500 individuals who participated in the January 6 Capitol attack. He also issued pardons for Wisconsin Republicans involved in the scheme to submit alternate electoral slates in 2020.
Peters’ actions were widely condemned, and at her sentencing, Judge Matthew Barrett called her a “charlatan” and noted her lack of remorse.
“I’m convinced you’d do it all over again,” Barrett stated, reflecting on the gravity of her actions and their impact on Mesa County.
Even with Trump’s announcement, Peters will remain behind bars unless Colorado state authorities intervene, which so far they have declined to do.
