Habeas Plea STALLS – Bond Bid in Jeopardy

Former County Clerk Tina Peters fights for freedom as she appeals her nine-year sentence for election data violations, claiming constitutional breaches while the court questions her legal strategy.

At a Glance

  • Ex-Mesa County Clerk Tina Peters was sentenced to nine years in prison for election-related violations, including official misconduct
  • Peters has filed a habeas corpus petition seeking release on bond during her appeal process
  • Her legal team argues her First Amendment rights were violated and she was acting under federal law to preserve election records
  • A federal judge has questioned the validity of her petition, giving her 30 days to justify why it should not be dismissed
  • Peters is currently serving a six-month sentence in Larimer County before transfer to state prison for the remainder of her term

Legal Battle Over Election Data Preservation

Tina Peters, former Mesa County Clerk in Colorado, is appealing her nine-year prison sentence for election-related violations. Peters was convicted of charges stemming from her actions following the 2020 election, when she allegedly allowed unauthorized access to secure election equipment while searching for evidence of election fraud. Her conviction included multiple counts of attempting to influence a public servant and official misconduct after she defied directives to erase election data and instead preserved it.

Peters’ legal team has filed a petition in federal court requesting her release on a $25,000 bond while her appeal proceeds. The request includes conditions that would allow her to remain at home, attend medical appointments, and travel for business purposes. Her attorneys have highlighted her health concerns, including a recurrence of lung cancer and fibromyalgia, as factors warranting consideration for temporary release.

The case has drawn attention from high-profile supporters, including former President Donald Trump and MyPillow CEO Mike Lindell, who view Peters’ prosecution as politically motivated. Meanwhile, Colorado Attorney General Phil Weiser and Secretary of State Jena Griswald have publicly supported her sentencing, citing her breach of public trust and the threat her actions posed to election security.

Federal Court Challenges Peters’ Petition

Magistrate Judge Scott T. Varholak has cast doubt on Peters’ habeas corpus request, ordering her to show why it should not be dismissed. The judge noted that Peters has not exhausted all available state-level remedies for her claims, a requirement for federal intervention. Varholak has given Peters 30 days to respond to his concerns about the validity of her petition.

The judge described Peters’ filing as a “mixed petition” because it contains some claims that have not been fully addressed in state courts. According to Varholak, Peters could proceed with her first claim regarding the denial of bond if she removes the second and third claims from her request. These additional claims relate to alleged First Amendment violations and assertions that federal election record-keeping laws should have protected her from state prosecution.

Constitutional Claims and Legal Strategy

Peters’ appeal centers on three main constitutional arguments. First, she contends her First Amendment rights were violated when her concerns about election integrity were characterized as dangerous rhetoric rather than protected political speech. Second, she argues she was not permitted to fully defend herself in court. Finally, she maintains that federal laws requiring the preservation of election records should have shielded her from state prosecution.

On June 4, 2025, Peters’ legal team filed a response to the court’s concerns, asserting that she has followed all necessary legal steps within Colorado’s judicial system. The outcome of this petition could establish a precedent for others seeking release during pending appeals. Peters is currently serving a six-month sentence in Larimer County and is scheduled to be transferred to the Colorado Department of Corrections to complete the remainder of her eight-and-a-half-year sentence.

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