Ex-Clerk’s Lawyer: Trump Can Pardon Her State Conviction
FILE - Candidate Tina Peters speaks during a debate for the state leadership position, Feb. 25, 2023, in Hudson, Colo. (AP Photo/David Zalubowski, File)
A Colorado election case is raising constitutional questions after an attorney for Mesa County clerk Tina Peters claimed President Trump has the authority to overturn her state conviction with a presidential pardon, KJCT 8 reports. Attorney Peter Ticktin argues that Trump’s clemency powers are not limited to federal crimes, challenging long-standing legal consensus.
“Why in the world would the president not be able to pardon for state offenses, especially in a situation such as this, where someone is charged with offenses related to a federal election?” Ticktin said.
On Thursday, Trump announced on social media that he was granting Peters a “full pardon,” describing her as imprisoned for the “crime” of seeking “honest elections.”
Peters was sentenced in October 2024 to nine years in state prison for her involvement in a breach of Mesa County election equipment following the 2020 vote. She was convicted on charges including attempting to influence a public servant, conspiracy to commit criminal impersonation, election fraud, and identity theft. Peters carried out the breach in an effort to find evidence that the presidential election was stolen—a claim that has been widely debunked, including by Trump administration officials, Colorado Newsline reports.
Ticktin said the dispute could ultimately reach the U.S. Supreme Court, which he believes would recognize it as a major constitutional question. He argues the nation’s founders intended the president’s pardon powers to extend broadly “in all of the United States.”
However, legal experts point out that the Constitution limits presidential pardons to “offenses against the United States,” meaning federal crimes. Mesa County District Attorney Dan Rubenstein called Trump’s move largely symbolic, noting that only Colorado Gov. Jared Polis can pardon state offenses. Polis agreed but said the state would follow whatever the courts decide.
Ticktin described Peters as “kind of a hostage” and a “political prisoner,” and said he expects the next step is for the pardon to be submitted to Colorado’s Department of Corrections. He anticipates, however, that the department may refuse to release Peters.
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