Ex-Clerk's Lawyer: Trump Can Pardon Her State Conviction

A Colorado election case is turning into a constitutional test after an attorney for former Mesa County clerk Tina Peters claimed President Trump can wipe away her state conviction with a presidential pardon, KJCT 8 reports. Attorney Peter Ticktin argues that Trump's clemency powers are not confined to federal crimes, despite long-standing legal consensus to the contrary. "Why in the world would the president not be able to pardon for state offenses, especially in a situation such as this, where you've got someone who's charged with offenses because of a federal election?" he said. Trump announced on social media Thursday that he was granting Peters a "full pardon," describing her as imprisoned for the "crime" of seeking "honest elections."

Peters was sentenced in October 2024 to nine years in state prison for her role in a breach of Mesa County election equipment after the 2020 vote. She was convicted on charges including attempting to influence a public servant and conspiracy to commit criminal impersonation, as well as election fraud and identity theft. She carried out her crime in an effort to find evidence that the presidential election was stolen, but such claims have been debunked by experts in many different spheres, including Trump's own officials, Colorado Newsline reports. Ticktin said the dispute could eventually land before the US Supreme Court, which he believes would see it as a significant question of constitutional interpretation.

Ticktin contends the nation's founders intended a broad presidential pardon authority "in all of the United States." But the prevailing view, reflected in the Constitution's language and resources such as constitution.congress.gov, is that the president may pardon only "offenses against the United States," meaning federal crimes. Mesa County District Attorney Dan Rubenstein called Trump's move essentially symbolic, saying only Colorado Gov. Jared Polis can pardon state offenses. Polis agrees, but said the state would abide by whatever the courts decide. Says Ticktin, "We look at this thing, and we see Tina Peters as being kind of a hostage. We see her as being a political prisoner." He expects the next step is that the pardon will be submitted by the Trump administration to Colorado's department of corrections, though he expects the department to refuse to release Peters.