Attorneys for Tina Peters filed a motion seeking her release from prison and urging the appellate court to recognize a pardon issued by President Donald Trump. (Marc Piscotty/Getty Images)
Peters was a Republican law clerk who was convicted of official misconduct, conspiracy and influencing a public servant, according to Colorado state law, after she allowed unauthorized access to voting equipment on suspicions that the 2020 election may have been intentionally stolen from Trump.
PRO-TRUMP CLERK CONVICTED IN 2020 ELECTION SCHEME THREATENED, ATTACKED IN PRISON, LAWYER SAYS
She was sentenced by a Colorado judge to nine years in prison in October 2024.
Trump issued a pardon in early Dec. 2025, stating on Truth Social that Peters is "a Patriot who simply wanted to make sure that our Elections were Fair and Honest."
"Instead of protecting Americans and their Tax Dollars, Democrats chose instead to prosecute anyone they can find that wanted Safe and Secure Elections," Trump posted. "Democrats have been relentless in their targeting of TINA PETERS, a Patriot who simply wanted to make sure that our Elections were Fair and Honest."
President Donald Trump announced the pardon of Tina Peters earlier this month. (Yuri Gripas/CNP/Bloomberg via Getty Images)
In a statement to Fox News Digital, Peters' attorney Peter Ticktin said that the pardon should be applicable to state charges.
"I have great confidence that the appeal will be determined in Tina's favor," Ticktin explained. "However, the Pardon which was issued by the grace of President Trump, and for which we are extremely grateful could have put us in a difficult position."
"Contrary to Colorado’s governor, we see the Pardon as applicable to state charges," Peters’ attorney added. "Hence, the Colorado Court of Appeals may or may not have jurisdiction to hear the appeal which has been pending."
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The court issued a response, which was obtained by Fox News Digital, to the motion on Christmas Eve, stating that the prosecution must file a response by early January and did not offer any official stance on the motion.
Peters is expected to spend New Year's Day in prison as proceedings remain stagnant until the early January deadline.
Preston Mizell is a writer with Fox News. Story tips can be sent to Preston.Mizell@fox.com and on X @MizellPreston
Preston Mizell is a writer with Fox News Digital covering breaking news.
https://www.foxnews.com/politics/new-motion-seeks-colorado-clerk-tina-peters-release-challenging-state-after-trump-pardon