Democratic Colorado Gov. Jared Polis is sending his strongest signal yet that he will grant clemency to convicted former Mesa County clerk Tina Peters.
President Donald Trump has repeatedly demanded Peters' release and has punished the state in a variety of ways for not freeing Peters from prison. Trump even issued a pardon for Peters, though the pardon was not actionable as Peters is convicted on state crimes.
In a social media post on Tuesday night, Polis pointed to the case of a former Democratic state legislator who was sentenced to probation last week for the same charge that sent Peters to prison for her scheme to sneak into Colorado's voting systems.
Peters is serving a nine-year sentence, and the governor's post suggests Peters was harshly sentenced.
But the two cases are very different.
Polis compared Peters' prison sentence to the probation sentence given to former state Senator Sonya Jacquez Lewis. Their convictions each involve multiple counts, with one charge in common: attempting to influence a public official.
Jaquez Lewis was being investigated by fellow Democrats for claims she mistreated her staff, when they said she fabricated at least one letter of support from a former employee. Jaquez Lewis will serve two years' probation for her conviction on four felony counts of forgery and one count of attempting to influence a public servant.
Peters allowed an unauthorized man affiliated with election denier Mike Lindell to observe a software update and make copies of the hard drive using the security badge of a man who Peters said worked for her.
Writing on his personal social media account on Tuesday, Polis said in part, "It is not lost on me that she was convicted of the exact same felony charge as Tina Peters —attempting to influence a public official — and yet Tina Peters, as a non-violent first time offender got a nine year sentence," Polis continued. "Justice in Colorado and America needs to be applied evenly, you never know when you might need to depend on the rule of law. This is the context I am using as I consider cases like this that have sentencing disparities, which is why I have extended the deadline for clemency applications until April 3rd."
A judge sentenced Peters to 3.5 years for two counts of attempting to influence a public official, and another 3.5 years for a third count of the same charge. The other two years of her sentence were for other charges.
Mesa County District Attorney Dan Rubinstein, a Republican, argued Peters' case was the most aggravated account of attempting to influence a public servant he'd seen in his career.
Peters defiantly faced off with the judge at sentencing, and still maintains she did no wrong. Unlike Peters, Jacquez Lewis said she made a mistake.
In a statement Wednesday, Colorado Attorney General Phil Weiser, who prosecuted the case, said he strongly opposes clemency for Peters.
"Reducing the sentence of convicted former clerk Tina Peters for tampering with election equipment would be a grave miscarriage of justice and dangerous for free and fair elections," Weiser said. "My office worked with the Mesa County district attorney to prosecute Tina Peters and hold her to account. The judge imposed a reasonable sentence on Ms. Peters for her crimes, particularly in light of her lack of any remorse, and she should serve her time."
“Clemency should be based on remorse, rehabilitation, and extenuating circumstances—not on political influence, favor, or retribution," the statement continued. "Tina Peters has not only demonstrated no remorse, but she has also doubled down on the Big Lie that the 2020 election was stolen. I have no doubt that she will continue her campaign of deception and conspiracy theories—and will only be emboldened to do so—if she is released from prison early.
“Commuting Tina Peters’ sentence, following the President’s pressure campaign, would be a serious injustice and send the wrong message to those who would attempt to tamper with our elections—if you are wealthy or politically connected, you can escape justice," Weiser said. "Worst of all, releasing her early would erode confidence in our system of justice as based on fairness, equity, and the law."
Trump attempts to pardon Peters
In December, Trump's attempt to pardon Peters failed. Legal experts across Colorado's political divide were united in rejecting the constitutional theory underlying the move, with attorneys from both parties calling the legal argument everything from "bonkers" to "total garbage."
The Constitution limits presidential pardons to "offenses against the United States," meaning federal crimes. Peters was convicted on Colorado state charges, where, under the law, presidential pardons don't apply.
9NEWS surveyed six prominent Colorado legal minds on the pardon's legal merit. 9NEWS interviewed three Republicans, two Democrats and the station's legal analyst. All six dismissed the effort as legally baseless, symbolic and performative.
But the president didn't move on. On New Year's Eve, he posted on social media again demanding Peters' release.
"Hard to wish her a Happy New Year, but to the Scumbag Governor, and the disgusting 'Republican' (RINO!) DA, who did this to her (nothing happens to the Dems and their phony Mail In Ballot System that makes it impossible for a Republican to win an otherwise very winnable State!), I wish them only the worst. May they rot in Hell. FREE TINA PETTERS!"
President Trump has promised retribution against Colorado for keeping Peters in prison, and has withheld disaster aid, announced plans to pull a military facility and science lab from Colorado, and vetoed a clean drinking water project in retaliation.
County election clerks of both parties have begged Polis not to give in to Trump and release Peters.
In November, the Federal Bureau of Prisons issued a notice to the Colorado Department of Corrections, pressing for Peters to be moved out of state custody. In response, the Colorado County Clerks Association sent a letter to Polis, writing that releasing Peters to federal custody would harm state officials' integrity and deepen the risk to those facing threats because of Peters' false theories.
"These election professionals stood up for the law, for the truth, and for the voters of Colorado. In return, they endured fear for their safety and reputational attacks that continue even today," reads a portion of the letter. "To remove Ms. Peters from Colorado custody now, at the urging of political actors outside our state, would send a deeply damaging message to the clerks who upheld their oath under extraordinarily difficult circumstances."
