President Donald Trump Claimed to Grant Former Colorado County Clerk Tina Peters a “Full Pardon,” But Experts Say He Cannot Wield Such Power for State Crimes
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President Donald Trump claimed Thursday night to have granted former Colorado county clerk Tina Peters a “full pardon.” However, constitutional law experts say he cannot wield such a power for individuals convicted of state-level crimes.
Tina Peters, 70, is currently serving a nine-year sentence in a state prison in Pueblo. She was convicted of felonies related to providing unauthorized access to voting equipment when she served as the elected clerk and recorder of Mesa County.
Peters had collaborated with prominent election deniers in an attempt to prove discredited claims that voting machines had been manipulated. She has also been a vocal supporter of Trump’s debunked allegations of fraud in the 2020 election.
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On Thursday evening, Trump posted on his Truth Social account:
> “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.”
He added:
> “Tina is sitting in a Colorado prison for the ‘crime’ of demanding Honest Elections. Today I am granting Tina a full Pardon for her attempts to expose Voter Fraud in the Rigged 2020 Presidential Election!”
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However, experts clarify that the president can only grant pardons for federal crimes — not those committed at the state level, as in Peters’ case.
“Trump has the constitutional power to pardon people for crimes against the United States,” explained Jessica Smith, a Denver-based attorney with the firm Holland and Hart. “Peters was convicted of crimes against Colorado. To suggest he can pardon for state crimes would upend fundamental principles of federalism.”
As of 6 p.m. Thursday, no formal pardon documents had been released on the federal government’s clemency website.
An attorney for Peters was not immediately available for comment regarding the president’s post.
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Legal Implications and Reactions
An attempted pardon by Trump could potentially be used by Peters’ defense attorneys as grounds for further filings in state or federal court.
Peters has become a martyr figure among fellow election conspiracy theorists, including Trump.
Since his return to office in January, Trump has repeatedly threatened, insulted, and pressured Colorado Governor Jared Polis to grant leniency to Peters. Most recently, the Trump administration sought to transfer her to a federal prison, where federal officials would have more control over her conditions. State corrections officials, however, declined the request, deeming it improper.
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On Monday, a federal judge in Colorado ruled that the court lacked authority to release Peters while she appeals her 2024 conviction through the state courts.
Peters’ legal team has argued for her release on humanitarian grounds, citing her illness, her mother’s hospitalization, and her solitary confinement.
Nonetheless, attorneys unaffiliated with the case emphasize that Trump does not possess the power to intervene in this state matter.
Doug Spencer, a constitutional law professor at the University of Colorado, echoed similar sentiments and warned that Trump’s social media post may send a dangerous message.
“It is sad that our president hasn’t read or doesn’t understand a basic tenet of the U.S. Constitution,” Spencer said.
“This post carries no legal weight. It is a political stunt. And a dangerous one because it may lead others to believe that he has some power over her case, and that those involved in her case in Colorado have acted inappropriately or illegally — for which there is absolutely no evidence.”
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Governor’s Pardon Power
Governor Jared Polis holds the authority to pardon Peters for state crimes. As of Thursday evening, his office had not responded to requests for comment.
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This is a developing story and may be updated.
https://www.reporterherald.com/2025/12/11/donald-trump-attempted-pardon-tina-peters/
