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Colorado Appeals Court Hears Tina Peters’ Bid to Overturn Election-Breach Convictions

The review tests her broad challenge against the state’s stance that a presidential pardon cannot nullify state convictions.

Overview

  • Judges heard arguments on Peters’ multi-issue appeal, which targets trial rulings, jury instructions, sentencing, claimed federal-duty immunity, and the effect of President Trump’s pardon.
  • State attorneys told the court that the Constitution limits the president’s pardon power to federal offenses, while Peters’ lawyers asked the court to recognize the pardon and order her release.
  • Peters is serving a nine-year sentence for allowing outsider Conan Hayes into secure election systems with another person’s badge, after which hard-drive copies surfaced and partial passwords appeared online.
  • Her team argues she acted to preserve election records and that exclusions at trial and comments at sentencing violated her constitutional rights, including a claim that a thrown-out contempt case tainted the sentence.
  • The hearing unfolded as Gov. Jared Polis weighed possible clemency, election officials urged him not to grant it, national allies pressed for mercy, and a recent bid for federal interim release was denied.