The Colorado attorney general’s office has asked a federal court to dismiss a habeas corpus petition filed by former Mesa County Clerk Tina Peters, arguing the court lacks jurisdiction.
Peters is serving a nine-year prison sentence for her role in a 2021 breach of Mesa County’s election systems during a software update. A jury convicted her in August 2024 on four felony counts tied to the security breach, part of her effort to cast doubt on the 2020 election, despite no credible evidence supporting her claims.
While Peters appeals the conviction in the Colorado Court of Appeals, her legal team filed a federal habeas corpus petition seeking her release on bond during the appeal.
The attorney general’s office cites the 1971 U.S. Supreme Court case Younger v. Harris, which restricts federal court interference in state proceedings if three conditions are met: the state case is ongoing, the case involves important state interests, and the state proceedings allow constitutional challenges to be raised. The filing argues all three apply to Peters’ case.
Her attorneys claim Peters’ First Amendment rights were violated because she was denied bail. They pointed to a Mesa County District Court judge’s statement when refusing bond: “So the damage that is caused and continue to be caused is just as bad, if not worse, than the physical violence that this court sees on an all too regular basis. And it’s particularly damaging when those words come from someone who holds a position of influence like you.”
Attorney Peter Ticktin argued Peters is being silenced: “She has been made to stay in prison because people are afraid of what she would say.”
The attorney general’s filing countered that Peters’ deceptive actions showed she believed she was above the law, adding that she exploited her position to commit crimes that promoted false election fraud claims for personal benefit.
Ticktin has described Peters as a “political prisoner.”
Peters was convicted by a Mesa County jury and prosecuted by a Republican district attorney, with no evidence her trial was politically compromised.
Her case has drawn national attention, with former President Donald Trump urging the U.S. Department of Justice to “take all necessary action” to secure her release. However, because Peters was convicted of state crimes, Trump has no authority to pardon her.
Peters’ attorneys have about two weeks to file a response to the attorney general’s argument that the federal court cannot intervene in the case.
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Katie is a senior who has been on staff for three years. Her favorite type of stories to write is reviews and features. Katie’s favorite ice cream flavor is strawberry.
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