The Colorado attorney general's office has asked to dismiss the habeas corpus petition filed by Tina Peters, former Mesa County Clerk. This has garnered national attention, including that of US President Donald Trump, who called for 'all necessary action' to secure her release. Trump believes she's a 'brave and innocent patriot' despite her role for an election system breach back in 2021.
About Tina Peters' Case
Peters is currently serving a nine-year prison sentence for contributing to a breach in Mesa County's elections systems. This occurred during a 2021 software update.
She was convicted by a jury in August 2024 on four felony counts relative to the issue. The security breach was part of efforts to show that the 2020 election was untrustworthy, even without credible evidence supporting it.
Since then, the Colorado Court of Appeals has reviewed her appeal to the conviction. Her legal team filed a federal habeas corpus petition at the US District Court of Colorado. Notably, her appeal argues that she should be released on bond pending the appeal decision.
The Colorado attorney general's office has asked for the dismissal of the habeas corpus petition filed by Peters, arguing that the federal court does not have jurisdiction in the case.
For reference, Peters was convicted by a Mesa County jury and prosecuted by the office of a Republican district attorney. There has been no credible claim that the trial was politically compromised.
Colorado Attorney General Office's Response
The attorney general's office has asked for the dismissal of her habeas corpus petition. This was made on the grounds that the federal court doesn't have jurisdiction in the case.
Further, the filing cites the 1971 US Supreme Court case Younger v. Harris. This recounts how the court recognised the 'longstanding public policy against federal court interference with state court proceedings'.
As per the filing, if three conditions in the case are met, then the federal court 'must abstain from exercising jurisdiction regarding state proceedings'.
These conditions are that the state proceedings are ongoing, implicate important state interests and they afford an adequate opportunity to present the federal constitutional challenges.
It also argues that these conditions have been met, with Peters' state-level appeal ongoing, her criminal conviction (thus a state interest), and her appeal allows her to present her constitutional challenge.
Moreover, the filing noted how the court pointed to her deceptive conduct as evidence of Peters' belief that she was above the law. They noted the impact it had on her reputation and community.
The court also discussed her allegations of election fraud in the context of her criminal conduct. They added that she used her position to commit crimes for the purpose of promoting allegations of election fraud that benefitted her personally.
In conclusion, the precedent set in the Younger case translates into the federal court not having jurisdiction in Peters' habeas corpus petition.
Peters's attorneys argued in the petition that her First Amendment rights have been violated because she was denied bail pending her appeal. Her attorney, Peter Ticktin, calls her a 'political prisoner'.
Trump Calls Out 'Crooked Colorado Politicians' Amid Peters' Case
Given the attention that Peters has received, Trump has called for the US Department of Justice to secure her release. Trump, via a recent post on Truth Social, says that 'she did nothing wrong, except catching the Democrats cheat in the Election'.
Trump showed empathy by acknowledging Peters' age and health and warned that if she is not released, he is going to 'take harsh measures'. He also said that she is a 'brave and innocent Patriot', while calling the Colorado politicians 'crooked'.
Peters' attorneys have approximately two weeks to file a brief in response to the argument made by the attorney general's office. In addition, Trump cannot pardon Peters due to her conviction involving state crimes.
Originally published on IBTimes UK
