WASHINGTON (TNND) — A federal magistrate judge on Monday denied former Mesa County, Colorado, Clerk Tina Peters’ request to be released from prison while she appeals her state conviction related to her giving sensitive election information to an unauthorized individual.
Peters, a Republican county official, was sentenced to nine years in state prison for her role in a scheme fueled by unfounded allegations of widespread fraud in the 2020 presidential election.
Peters had filed a federal habeas corpus petition seeking release on bond, arguing that the state court violated her constitutional rights. Attorneys for Colorado countered that federal judges are generally barred from interfering in ongoing state criminal matters, and Magistrate Judge Scott Varholak ultimately agreed, finding that Peters had not shown sufficient grounds for federal intervention.
Her attorney, John Case, is insistent that Peters remains innocent and that concerns about the security of voting machines are legitimate. Case said her eventual release would represent progress toward healing what he described as injustices suffered by Peters and Colorado residents stemming from the 2020 election.
The appeal centers partly on Peters’ claim that the state judge who handed down her sentence improperly considered her public statements about alleged election fraud. At her October 2024 sentencing, Judge Matthew Barrett called Peters a “charlatan” and said her persistent promotion of falsehoods about voting systems posed a threat to the community. Peters’ team argued the judge unfairly characterized her statements as lies and that no evidence suggested her speech endangered anyone. Prosecutors, however, noted that the U.S. Supreme Court has long permitted judges to consider a defendant’s speech at sentencing when it is relevant to the defendant’s conduct or risk to the public.
Peters’ case has drawn national attention from prominent allies of President Donald Trump, including retired Lt. Gen. Michael Flynn. Trump has repeatedly demanded her release, at one point warning he would take “harsh measures” if she were not freed. Last week, he renewed his criticism—this time targeting Colorado Governor Jared Polis.
“The SLEAZEBAG Governor of Colorado, Jared Polis, refuses to allow an elderly woman, Tina Peters out of jail!” Trump posted, claiming she was convicted for attempting to stop Democrats from “stealing Colorado Votes”
Despite such claims, Colorado’s elections—including those in Mesa County—have consistently been upheld by local clerks from both parties, and the Republican district attorney for Peters’ own county led the prosecution. State officials have repeatedly noted that no evidence supports allegations of widespread fraud.
Meanwhile, the Department of Justice filed a statement in Peters’ federal case in March raising concerns about whether her prosecution may have been influenced by political motives, though Colorado officials called the federal government’s intervention an inappropriate attempt to sway the court.
And in November, the Justice Department made a request for Peters to be transferred to federal custody, which was denied.
Peters remains incarcerated as her appeal proceeds through the state system.
