President Donald Trump has pardoned former Colorado election official Tina Peters, who was convicted of state crimes, sparking controversy and debate over the limits of presidential pardoning power. Peters, a former Mesa County clerk, was sentenced to nine years in state prison for allowing unauthorized access to voting machines, a crime that occurred in 2021. The pardon has raised questions about the constitutional authority of the president to grant pardons for state crimes, as the power is generally understood to apply only to federal offenses.
Trump's decision to pardon Peters, who was prosecuted by a Republican district attorney, has been criticized by Colorado officials and legal experts. Colorado Secretary of State Jena Griswold stated that Trump's pardon is an assault on the state's rights and the U.S. Constitution, emphasizing the principle of state sovereignty in criminal justice. Colorado Attorney General Phil Weiser also argued that the president has no jurisdiction over state law and that pardoning someone convicted in state court would be an unprecedented and unconstitutional act.
The case has gained attention due to Peters' alignment with national figures who have falsely claimed that voting machines were rigged in the 2020 election. She was a candidate for Colorado secretary of state and has been accused of attempting to expose voter fraud, though her actions were deemed illegal by a jury of her peers. Peters has denied any wrongdoing and insisted that her actions were not malicious.
The controversy surrounding the pardon has also involved the Federal Bureau of Prisons, which requested Peters' transfer from state to federal custody. This request was met with resistance from state officials and calls for Governor Jared Polis to deny the transfer. Additionally, Peters' attorney has argued that Trump may have the power to pardon her, citing a potential extension of the president's pardon power to state crimes, although this interpretation is highly debated and has never been legally established.
