Colorado Governor Polis is considering releasing Tina Peters from prison amid pressure from Trump

DENVER (AP) — Colorado’s Democratic governor, facing a pressure campaign from President Donald Trump, is signaling his openness to granting clemency to a former county employee convicted in a scheme that tried to find evidence of fraud in the 2020 presidential election.

A social post by Gov. Jared Polis brought a quick rebuke Wednesday from the state’s attorney general, the secretary of state and the association that represents local election officials, who said such action by the governor would send the wrong message to anyone seeking to interfere in elections ahead of this year’s midterms.

Read more: Tina Peters’ attorneys are trying to convince a Colorado court to overturn a conviction for voting violations

In office Tuesday, the governor compared the case of former Mesa County Clerk Tina Peters, who is serving a nine-year prison sentence, to that of a former state legislator who was recently sentenced to probation and community service after being convicted of one of the same crimes. Polis was echoing concerns he raised in January that the sentence for Peters, who has no criminal history, was “harsh”.

“Justice in Colorado and America should be applied equally, you never know when you might need to rely on the rule of law,” Polis wrote on the social media platform

On Wednesday, Polis told KUSA-TV that Peters apologizing for her actions would be an important factor in his decision.

“What she has to show in any successful pardon application is remorse and a proper apology. That’s the thing I would be looking for,” he said.

Peters did not express remorse for her actions, but rather defended them as necessary to investigate possible fraud.

Peters’ lawyers welcomed the governor’s initial comments and expressed hope they would result in her sentence being reduced to the roughly 17 months she has already served. They want her released from prison while they continue trying to overturn her conviction in the state Court of Appeals.

“It takes real courage to take action,” said John Case, one of her lawyers.

He said he could not discuss whether he has had any conversations with the governor or his office about the pardon because he said the process is confidential.

The governor’s position is drawing backlash from other officials in Colorado

Peters has become a hero to many who support Trump’s false claims that the 2020 election was stolen from him, especially those who have been pushing baseless conspiracy theories.

Trump threatened to take “harsh action” against Colorado unless the state released Peters, and his administration cut funding to the state.

Secretary of State Jena Griswold, a Democrat running for state attorney general, said Polis’ comments were “shocking and disturbing” and that he erred in drawing a comparison between Peters’ case and former state Sen. Sonia Jaquez Lewis. Lewis and Peters were both convicted of attempting to influence a public servant, but were also convicted of various additional crimes.

Colorado Attorney General Phil Weiser, whose office helped prosecute Peters, said Peters has shown no remorse for her actions.

“Clemency should be based on remorse, rehabilitation, and mitigating circumstances — not on political influence, favoritism, or revenge,” Weiser, a Democrat running to succeed Polis, said in an emailed statement.

U.S. Senator Michael Bennet, who hopes to replace Polis as governor, said Peters should not be pardoned or have her sentence commuted.

“Donald Trump may be seeking revenge against Colorado, but giving in to his political pressure will not make our state stronger or safer,” the Democrat said.

Clemency could suggest it’s okay to ‘undermine our elections’

Matt Crane, executive director of the Colorado County Clerks Association, said there are few similarities between the Peters and Lewis cases.

“He seems to be holding himself back trying to find a way to reduce her sentence,” he said of the governor.

He also said he was concerned that releasing prisoners early could send the wrong message before this year’s midterm elections.

“The signal is that it’s OK to work to undermine our elections, because whether it’s President Trump or Jared Polis, you’re going to get a get out of jail free card,” Crane said.

In response, Shelby Wyman, a spokesman for Polis, said the governor was skeptical of Peters’ sentence and was comparing it to the sentence given to the former state lawmaker who was sentenced Friday.

In contrast to some other Democratic governors, Polis, who prides himself on being a political maverick, has at times taken a permissive stance toward Trump. As Trump came into office, Polis praised the idea of ​​the Government Efficiency Administration, then run by billionaire Elon Musk, and the nomination of vaccine critic Robert F. Kennedy Jr. to run the Department of Health and Human Services.

He also criticized Trump’s stance on tariffs and immigration, among other issues.

Two cases with significant differences

Peters and Lewis were convicted of attempting to influence a public employee, a crime that involves using deception or threats to try to persuade a public employee to behave in a certain way.

Lewis was convicted of one count and three counts of forgery. Prosecutors said she forged letters of support in the midst of a legislative ethics investigation into whether she mistreated her employees. Her attorney, Craig Trueman, declined to comment on her case.

Peters was convicted of state crimes for infiltrating an outside computer expert to copy images of her county’s election computer system before and after it was updated by state officials in 2021. A photo and video of the secret voting system’s passwords were later posted on social media and a conservative website. She said it was her job to preserve the information as a clerk.

Peters was found guilty of three counts of attempting to influence a public employee and one count of conspiracy to commit criminal impersonation, first-degree official misconduct, breach of duty, and failure to comply with requirements of the Secretary of State.

Peters’ lawyers said the judge violated her First Amendment rights by giving her a harsh sentence for making claims about election fraud. The judge called her a “charlatan” and said she posed a danger to society for spreading lies about voting and undermining the democratic process.

The appeals court justices appeared sympathetic to the free speech argument during oral arguments in January.