DENVER (AP) — Colorado's Democratic governor, facing a pressure campaign from President Donald Trump, is signaling his openness to granting clemency to a former county clerk who was convicted in a scheme that attempted to find proof of fraud in the 2020 presidential election.
A social post by Gov. Jared Polis brought swift rebuke Wednesday from the state's attorney general, secretary of state and the association representing local election officials,
who said such an action by the governor would send the wrong message to anyone seeking to interfere with elections ahead of this year's midterms.
In his post on Tuesday, the governor compared the case of former Mesa County Clerk Tina Peters, who is serving a nine-year prison sentence, to that of a former state lawmaker who was recently sentenced to probation and community service after being convicted of one of the same crimes. Polis was echoing a concern he raised in January that the sentence for Peters, who didn't have a criminal history, was “harsh.”
“Justice in Colorado and America needs to be applied evenly, you never know when you might need to depend on the rule of law. This is the context I am using as I consider cases like this that have sentencing disparities,” Polis wrote on the social platform X.
Peters' lawyers welcomed the governor's comments and hoped they would lead to her sentence being reduced to the nearly 17 months she has already served. They want her to be released from prison while they continue to try to get her convictions overturned in the state appeals court.
“Action takes real courage,” said one of her lawyers, John Case.
He said he could not discuss whether he had any conversations with the governor or his office about clemency because he said the process is confidential.
Peters has become a hero to many who support Trump's false claims that the 2020 election was stolen from him, especially those who have been pushing unfounded conspiracy theories.
Trump threatened “harsh measures” against Colorado unless the state releases Peters, and his administration has cut off funding to the state.
Secretary of State Jena Griswold, a Democrat who is running for state attorney general, said Polis' comments were “shocking and worrisome” and that he was wrong to make a comparison between the case of Peters and former state Sen. Sonya Jaquez Lewis. Lewis and Peters were each convicted of attempting to influence a public servant, but also convicted of additional, different crimes.
Colorado Attorney General Phil Weiser, whose office helped prosecute Peters, said Peters has not demonstrated any remorse for her actions.
“Clemency should be based on remorse, rehabilitation, and extenuating circumstances — not on political influence, favor, or retribution," Weiser, a Democrat who is running to succeed the term-limited Polis, said in an emailed statement.
U.S. Sen. Michael Bennet, who is hoping to replace Polis as governor, also said Peters shouldn't be pardoned or have her sentence commuted.
“Donald Trump may be seeking revenge on Colorado, but surrendering to his political pressure will not make our state stronger or safer,” the Democrat said.
Matt Crane, executive director of the Colorado County Clerks Association, said there are few similarities between Peters' and Lewis’ cases.
"It seems he’s tying himself in knots trying to find a way to commute her sentence,” he said of the governor.
He also said he worried that an early release would send the wrong message before this year's midterm elections.
“The signal is it’s OK to work to undermine our elections because, whether it’s President Trump or Jared Polis, you’ll get a get-out-of-jail free card,” Crane said.
In response, a Polis spokesperson, Shelby Wieman, said the governor has been skeptical of Peters' sentence compared with the one given to the former state lawmaker.
In contrast to some other Democratic governors, Polis, who prides himself on being a political iconoclast, has taken a sometimes accommodating stance toward Trump. As Trump entered office, Polis praised the idea of the Department of Government Efficiency, then run by billionaire Elon Musk, and the nomination of vaccine critic Robert F. Kennedy Jr. to run the Department of Health and Human Services.
He also has criticized Trump’s stance on tariffs and immigration, among other issues.
Peters and Lewis were both convicted of attempting to influence a public servant, a crime that involves using deception or a threat to try to get a public official to act in a certain way.
Lewis was convicted of one count of that and three counts of forgery. Prosecutors said she forged letters of support in the middle of a legislative ethics investigation over whether she had mistreated her staff. Her attorney, Craig Truman, declined to comment on her case.
Peters was convicted of state crimes for sneaking in an outside computer expert to copy images of her county’s election computer system before and after state officials updated it in 2021. A photo and video of confidential voting system passwords were later posted on social media and a conservative website. She said she had a duty to preserve the information as clerk.
Peters was found guilty of three counts of attempting to influence a public servant and one count each of conspiracy to commit criminal impersonation, first-degree official misconduct, violation of duty and failure to comply with the requirements of the secretary of state.
Peters' lawyers said the judge violated her First Amendment rights by punishing her with a stiff sentence for making allegations about election fraud. The judge called her a “charlatan” and said she posed a danger to the community for spreading lies about voting and undermining the democratic process.
Appeals court judges seemed sympathetic to the free speech argument during oral arguments in January.
