Lawyers for former Colorado elections clerk Tina Peters will try to convince a state appeals court to overturn her conviction
Lawyers for former Colorado elections clerk Tina Peters will try to convince a state appeals court to overturn her convictionFILE - Candidate Tina Peters speaks during a debate for the state leadership position, Feb.
25, 2023, in Hudson, Colo. Lawyers for former Colorado elections clerk Tina Peters will try to convince a state appeals court on Wednesday to overturn her conviction in a case revolving around thefor orchestrating a data breach of the county's elections equipment, driven by false claims about voting machine fraud afterhis reelection bid. She is serving a nine-year sentence at a prison in Pueblo after being convicted in 2024 in her home county, a Republican stronghold that supported Trump., arguing that President George Washington issued pardons to people convicted of both state and federal crimes during the Whiskey Rebellion in 1795. Lawyers for the state pointed out that the governor of Pennsylvania at the time issued pardons to those who broke state laws during the unrest. Peters' lawyers then argued that the president has a right to pardon people who committed crimes to carry out federal duties, such as preserving election information.Peters used another person's security badge to allow a former surfer affiliated with Lindell, Conan Hayes, to watch a software update of her county's election management system. Prosecutors said he made copies of the system's hard drive before and after the upgrade, and that partially redacted security passwords later turned up online,Peters didn't deny the deception but said she had to do it to make sure election records weren't erased. She claims she should not have been prosecuted because she had a duty under federal law to preserve them. Her lawyers also say the partially redacted passwords didn't pose a security risk and pointed out that some of the same type of voting system passwords for Colorado counties wereon a state website until they were discovered in 2024. Prosecutors determined there was no intent to commit a crime so no charges were filed. Lawyers for the state have argued that Peters did not need to commit crimes to protect election data because her staff had already backed up the information before the upgrade. Instead, they say the hard drive copies captured proprietary Dominion Voting Systems software. Peters also said District Court Judge Matthew Barrett violated her First Amendment rights by punishing her with a stiff sentencefor making allegations about election fraud. He called her a “charlatan” and said she posed a danger to the community for spreading lies about voting and undermining the democratic process.Her lawyers say she is entitled to at least a new sentencing hearing because Barrett based his sentence partially on a contempt conviction in a related case that the appeals court threw out last year. They also are asking the appeals court to recognize Trump's pardon and immediately set Peters free. Trump has lambasted both Democratic Gov. Jared Polis and the Republican district attorney who brought the charges, Dan Rubinstein, for keeping Peters in prison.to get Peters moved to a federal prison. Polis has said he is considering granting clemency for Peters, characterizing her sentence as “harsh.”during the Jan. 6, 2021, attack on the U.S. Capitol and was later pardoned by Trump, announced on social media last month that “January 6er Patriots” and U.S. Marshals would storm a Colorado prison to release Peters unless she is freed by the end of this month. The post included a phone video interview with Peters from behind bars. But a message on Peters' X account said she is not affiliated with any demonstration or event at the prison and denounced any use of force against it.
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