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4h ago

Federal Judge Denies Tina Peters’ Release as DOJ Opens Probe of Colorado Prisons

The ruling says Peters must seek relief through ongoing state appeals before federal courts can act.

Mesa County Clerk and Colorado Republican candidate for secretary of state Tina Peters reacts to early election returns during a primary night watch party at the Wide Open Saloon on June 28, 2022 in Sedalia, Colorado.
Tina Peters, the former county clerk for Mesa County, Colorado, was found guilty on several charges related to her conduct during the 2020 presidential election.
Tina Peters, right, joins other Colorado GOP candidates for secretary of state at a primary debate hosted by the Foothills Republicans at the Denver West Building 7 on May 12, 2022, in Lakewood, Colorado. (Photo By Kathryn Scott/Special to The Denver Post)
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Overview

  • Chief U.S. Magistrate Judge Scott Varholak rejected Peters’ habeas bid to leave state prison, citing abstention while her Colorado appeal proceeds.
  • Varholak acknowledged Peters raised significant First Amendment questions about her sentencing but said those issues belong before state appellate courts first.
  • Peters, the former Mesa County clerk, is serving a nine-year sentence after a 2024 conviction for facilitating unauthorized access to county voting systems.
  • Colorado officials recently refused a Federal Bureau of Prisons request to transfer her to federal custody as the state maintains control of her case.
  • The Justice Department’s Civil Rights Division, led by Assistant Attorney General Harmeet K. Dhillon, announced a civil investigation into Colorado’s prison system, as Peters’ attorney alleges she has faced threats and attacks while incarcerated.