DENVER — The Trump administration’s Department of Justice on Monday, citing “reasonable concerns,” filed a motion intended to review Tina Peters’ 2024 voting data scheme conviction, alleging the case could have been motivated to inflict “political pain” rather than “pursuing actual justice."
A jury found the former Mesa County Clerk guilty of orchestrating a security breach of her elections computer system on October 3, 2024. Peters was convicted on seven of the 10 counts including first-degree official misconduct, violation of duty, failure to comply with requirements of the Secretary of State, conspiracy to commit criminal impersonation, and three counts of attempt to influence a public servant.
She was acquitted of the charges of identity theft, criminal impersonation, and one count of conspiracy to commit criminal impersonation.
According to ABC News, Yaakov Roth, the senior acting head of DOJ's Civil Division, filed a statement of interest Monday asking a judge to hear concerns Peters counsel raised about her conviction.
"Reasonable concerns have been raised about various aspects of Ms. Peters’ case," Roth said. "Accordingly, the United States respectfully submits that the concerns raised in the Application warrant—at the very least—prompt and careful consideration by this Court (and, at the appropriate time, the Colorado appellate courts),” reported ABC News.
In March 2022, Peters was indicted and accused of copying hard drive images of election software that was posted online. To gain access, Peters was accused of using another person’s security badge to give an expert affiliated with the My Pillow chief executive Mike Lindell, an election denier, access to the system.
During the trial, the prosecution argued Peters deceived government employees so she could work with Lindell to become famous.
Prosecutors said she became “fixated” on voting problems after becoming involved with those questioning the accuracy of the results of the 2020 presidential election.
Peters’ defense countered she had not committed any crimes and only wanted to preserve election records after the county would not let her have its technology experts present for a software update.
Politics
Former clerk: Tina Peters case showcases influence of election denial rhetoric
It is unlikely Peters’ Colorado conviction and sentence could be unilaterally overturned by the Justice Department, according to legal experts cited by ABC News who also argued the Federal intervention into a state-level conviction points to the potential of the Trump Justice Department using its powers to help the president’s allies and take aim at his political opponents.
The motion argues Peters’s Colorado case is not singled out and will be reviewed with other Department of Justice cases it alleged could be “abuses of the criminal justice process.
"This review will include an evaluation of the State of Colorado’s prosecution of Ms. Peters and, in particular, whether the case was 'oriented more toward inflicting political pain than toward pursuing actual justice or legitimate governmental objectives,'" the filing stated.
On October 3, 2024, Judge Matthew Barrett sentenced a defiant Peters to nine years behind bars, excoriating her while handing down the sentence.
“You are no hero. You abused your position — and you’re a charlatan who used, and is still using your prior position to peddle a snake oil that’s been proven to be junk time and time again,” said Judge Barrett. “Your lies are well-documented and these convictions are serious. I’m convinced you’d do it all over again if you could.”
“You’re as defiant as a defendant as this court has ever seen,” Judge Barrett added.
- Related: Watch Tina Peters' full sentencing in the video player below.
'You're a charlatan': Judge sentences defiant Tina Peters to 9 years | Full video
Before sentencing, Peters remained unapologetic.
“I’ve never done anything with malice to break the law,” she told the court during the sentencing hearing.
Roth’s filing argues Peters "suffers from serious health issues and that, while incarcerated, her physical and mental health have deteriorated."
- You can read the full motion filed in federal court Monday here or in the document below.
Following the filing of the statement of interest, the Colorado Republic Party sent a letter to U.S. Attorney General Pam Bondi, calling on the DOJ to "launch a full and thorough review of the unprecedented conviction of Tina Peters."
"The political persecution of those who dare to challenge establishment forces and fight for election integrity cannot go unchecked," the letter states. "The people of Colorado and all Americans deserve a judicial system that is fair, unbiased, and free from political weaponization."
Denver7's Óscar A. Contreras and Robert Garrison contributed to this report.
Denver7 is committed to making a difference in our community by standing up for what's right, listening, lending a helping hand and following through on promises. See that work in action, in the videos above.