Tina Peters seeks release from Colorado jail after Trump’s pardon

Attorneys representing Tina Peters have filed a motion seeking the former Colorado county clerk to be released from prison and for an appeals court to recognize President Donald Trump’s recent pardon.

Tina Peters, who was pardoned by President Donald Trump earlier this month, spent Christmas in a Colorado prison after being convicted in October 2024 as the state resists pressure from Trump.

The motion, obtained by Fox News Digital, was filed on Dec. 23 and explained why Peters should be released.

“There is no doubt that a pardon forgives federal crimes,” the motion reads. “However, the pardon also pardons Colorado state court convictions for actions Clerk Peters may have committed or participated in relating to the integrity and security of the election” during the applicable time period.”

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Peters was a Republican law clerk who was convicted of official misconduct, conspiracy and influencing a public employee, under Colorado state law, after she allowed unauthorized access to voting equipment on suspicion that the 2020 election may have been stolen from Trump.

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A Colorado judge sentenced her to nine years in prison in October 2024.

Trump issued a pardon in early December 2025, stating on Truth Social that Peters “is a patriot who simply wanted to make sure our elections were fair and just.”

“Instead of protecting Americans and their tax dollars, Democrats have instead chosen to prosecute anyone they can find who wants a safe and secure election,” Trump said. “Democrats have been relentless in their targeting of Tina Peters, a patriot who simply wanted to make sure our elections were fair and just.

The motion argues that Trump’s pardon applies to Peters’ state convictions, a claim Colorado officials dispute as the court considers its jurisdiction. (Hyung Chang/Media News Group/The Denver Post via Getty Images)

Trump continued: “Tina is sitting in a Colorado prison for the crime of demanding a fair election.” “Today I grant Tina a full pardon for her attempts to expose voter fraud in the rigged 2020 presidential election!”

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Colorado officials and the court say the federal government has no jurisdiction over the proceedings and that the pardon only applies to federal cases.

“We were not surprised by President Trump shouting into the wind and issuing a meaningless pardon for his friend and fellow election denier Tina Peters,” Colorado Democratic Party Chairman Shad Moreb told Fox News Digital in early December. He added, “The president does not have the legal authority to demand her release.”

President Donald Trump announced the pardon of Tina Peters earlier this month. (Yuri Grybas/CNP/Bloomberg via Getty Images)

In a statement to Fox News Digital, Peters’ attorney, Peter Ticktin, said the pardon should apply to the state charges.

“I have every confidence that the appeal will be decided in Tina’s favor,” Ticktin explained. “However, the pardon granted by President Trump for which we are so grateful could have put us in a difficult position.

Peters’ attorney added: “Contrary to what the Colorado governor said, we hold that the pardon applies to the state charges.” “Therefore, the Colorado Court of Appeals may or may not have jurisdiction to hear the appeal that was pending.”

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The court issued a response, obtained by Fox News Digital, to the motion on Christmas Eve, stating that prosecutors must file a response by early January and offering no official position on the motion.

Peters is expected to spend New Year’s Day in prison, where proceedings remain stagnant until the deadline in early January.

Preston Maisel is a writer for Fox News. Story tips can be sent to Preston.Mizell@fox.com and X @MizellPreston