DENVER — The Trump administration’s Department of Justice on Monday, citing “reasonable concerns,” filed a motion intended to review Tina Peters’ 2024 voting data scheme conviction, alleging the case could have been motivated to inflict “political pain” rather than “pursuing actual justice."
A jury found the former Mesa County Clerk guilty of orchestrating a security breach of her elections computer system on October 3, 2024. Peters was convicted on seven of the 10 counts including first-degree official misconduct, violation of duty, failure to comply with requirements of the Secretary of State, conspiracy to commit criminal impersonation, and three counts of attempt to influence a public servant.
She was acquitted of the charges of identity theft, criminal impersonation, and one count of conspiracy to commit criminal impersonation.
In March 2022, Peters was indicted and accused of copying hard drive images of election software that was posted online. To gain access, Peters was accused of using another person’s security badge to give an expert affiliated with the My Pillow chief executive Mike Lindell, an election denier, access to the system.
During the trial, the prosecution argued Peters deceived government employees so she could work with Lindell to become famous.
Prosecutors said she became “fixated” on voting problems after becoming involved with those questioning the accuracy of the results of the 2020 presidential election.
Peters’ defense countered she had not committed any crimes and only wanted to preserve election records after the county would not let her have its technology experts present for a software update.
Politics
Former clerk: Tina Peters case showcases influence of election denial rhetoric
The motion argues Peters’s Colorado case is not singled out and will be reviewed with other Department of Justice cases it alleged could be “abuses of the criminal justice process.
"This review will include an evaluation of the State of Colorado’s prosecution of Ms. Peters and, in particular, whether the case was 'oriented more toward inflicting political pain than toward pursuing actual justice or legitimate governmental objectives,'" the filing stated.
On October 3, 2024, Judge Matthew Barrett sentenced a defiant Peters to nine years behind bars, excoriating her while handing down the sentence.
“You are no hero. You abused your position — and you’re a charlatan who used, and is still using your prior position to peddle a snake oil that’s been proven to be junk time and time again,” said Judge Barrett. “Your lies are well-documented and these convictions are serious. I’m convinced you’d do it all over again if you could.”
“You’re as defiant as a defendant as this court has ever seen,” Judge Barrett added.
Related: Watch Tina Peters' full sentencing in the video player below:
'You're a charlatan': Judge sentences defiant Tina Peters to 9 years | Full video
Before sentencing, Peters remained unapologetic.
“I’ve never done anything with malice to break the law,” she told the court during the sentencing hearing.
Roth’s filing argues Peters "suffers from serious health issues and that, while incarcerated, her physical and mental health have deteriorated."
You can read the full motion filed in federal court Monday here or in the document below:
Following the filing of the statement of interest, the Colorado Republic Party sent a letter to U.S. Attorney General Pam Bondi, calling on the DOJ to "launch a full and thorough review of the unprecedented conviction of Tina Peters."
"The political persecution of those who dare to challenge establishment forces and fight for election integrity cannot go unchecked," the letter states. "The people of Colorado and all Americans deserve a judicial system that is fair, unbiased, and free from political weaponization."
Colorado Secretary of State Jena Griswold told Scripps News Denver Tuesday that the DOJ's motion to review Peters' conviction was "unprecedented."
"Tina Peters was convicted of state charges. She was found guilty in a free and fair trial by a jury of her peers and [was] sentenced to nine years of incarceration for her acts," Griswold said. "It is the state law and the state judicial system's duty to enforce state law when local elected officials decide to break it. To see the DOJ cite really bogus reasons to get involved, again, just underlines that this is political. This is not about the law."
Griswold called out Trump, saying the president is weaponizing the Department of Justice.
“Donald Trump has tried to rewrite history about the insurrection and his Big Lie since assuming office. Remember, one of his first acts was pardoning over 1,000 people who partook in the insurrection to try to steal the presidency,” she said. “So, at the end of the day, I think Trump's DOJ decision to review Tina Peter's conviction for attempting to compromise her own voting equipment is to prove his Big Lie. It’s more of the same. It's very scary. It's a weaponization of the legal system by the Trump administration.”
Scripps News Denver's Óscar A. Contreras and Robert Garrison contributed to this report.
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Powerful spring storm will rock Southern Colorado today and Tuesday
After a gorgeous weekend, we're looking at a very busy start to the week for Southern Colorado. A powerful spring storm will produce widespread 30-50 mph gusts on Monday. These dry, downslope winds will increase fire danger on Monday along and east of the I-25 corridor. Red Flag Warnings will be in effect from 11 am until 7 pm.
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