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Federal Judge Keeps Tina Peters in State Custody as DOJ Opens Probe of Colorado Prisons

The magistrate said Colorado’s courts must resolve her First Amendment claims prior to any federal review.

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

  • Peters’ habeas bid for release on bond was denied by U.S. Magistrate Judge Scott Varholak, who ruled the federal court must abstain while her state appeal proceeds.
  • Tina Peters is serving a nine-year sentence after a 2024 conviction for enabling unauthorized access to Mesa County voting systems and leaking election data.
  • The Justice Department’s Civil Rights Division announced an investigation into Colorado’s prison system, including conditions and medical care, covering facilities such as La Vista Correctional Facility.
  • Colorado prison officials previously rejected a Trump administration request to transfer Peters to federal custody, and state leaders have opposed federal takeover in her case.
  • Peters’ attorney reported threats and physical attacks in custody and renewed a pardon plea to President Trump, though presidential clemency traditionally does not apply to state convictions.