The former clerk of election Tina Peters of Mesa County is under a swirling storm of scandal. She was found guilty on 9 felony counts of official misconduct related to a data breach that exposed sensitive information from voting machines. Peters has been the target of significant independent expenditures by radical right groups. In 2024, a federal jury convicted her on seven counts—four of them felonies—exposing the deadly nature of her negligence. As it stands, she is looking at a maximum prison sentence of nine years. Her conviction has led to increased pressure for her release from the likes of former President Donald Trump and other election deniers.
Dan Rubinstein, the Republican district attorney in Mesa County, led the charge for Peters’ prosecution. The area is considered one of the most conservative strongholds in Colorado. In Colorado, an all-Republican board of county commissioners acted. They called for her prosecution after a year-long investigation found that she actively participated in the unauthorized access and dissemination of sensitive election data. She never produced such evidence, despite her completely unacceptable claims of having uncovered incriminating evidence of fraudulent behavior throughout the trial.
A statewide grand jury subsequently indicted Peters, and she was convicted on all counts by a unanimous jury of her choosing. The jury found, as the criminal code requires, beyond a reasonable doubt, that she had committed serious acts of wrongdoing, misconduct, conspiracy and impersonation. In sentencing, currently Judge Matthew Barrett said Peters failed to take responsibility for what she did.
“You are as defiant as a defendant that the court has ever seen,” – Judge Matthew Barrett
Her conviction has ignited a rallying cry from her supporters who believe that McCauley is a political prisoner. Trump has lobbied consistently for Peters’ release. He now alleges that she’s an “innocent Political Prisoner” who’s been victimized by “Crooked Colorado politicians.” In a recent statement, he urged:
“Let Tina Peters out of jail, RIGHT NOW. She did nothing wrong, except catching the Democrats cheat in the Election. She is an old woman and very sick. If she is not released, I am going to take harsh measures!!!”
Peters’ legal team recently filed their notice of appeal to her conviction. They are asking for her release on bond while the appeal proceeds. Her attorney has argued in a federal habeas corpus petition that the denial of bond is a violation of her First Amendment rights.
“She has been made to stay in prison because people are afraid of what she would say,” – Peters’ lawyer
Rubinstein has forcefully rebuffed these accusations. He insists that it’s a “gross mischaracterization” to suggest Peters did nothing wrong, given that her actions have allegedly cost Mesa County upwards of one million dollars.
Peters has already been found guilty of a number of state felonies. Only Colorado Governor Jared Polis has the authority to issue such a pardon in this case. Thus, no matter how much noise Trump wants to make about her release, he doesn’t actually have the ability to directly intervene in her case.