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Seventy-year-old Tina Peters, a nonviolent former county clerk, was rotting away in a Colorado prison, serving a nine-year sentence. Many leftists rejoiced in Peter’s suffering, calling him, among other things, a “rebel.” One Democrat, however, saw this as a terrible mistake and put a stop to it: Colorado Gov. Jared Polis. Anyone who believes in the rule of law, regardless of political affiliation, should be very grateful for Peters’ bravery.
Peter believed, as did millions of Americans, that the 2020 election was against President Donald Trump. As Mesa County Clerk, Peters sought to prove that there were errors in the electronic voting system in which the election was conducted. He provided protected information in the form of source code to outside counsel as part of his efforts to demonstrate that the system was compromised and that election fraud had occurred. This behavior happened after the election, and not a single vote changed as a result. Peters did not attempt to change any votes in any election.
Mesa County Clerk and Recorder Tina Peters stands on the west side of the Colorado State Capitol building in Denver, Colorado on Tuesday, April 5, 2022. (Hyoung Chang/MediaNews Group/The Denver Post via Getty Images)
Only Republican Mesa County District Attorney Dan Rubenstein, Democratic Secretary of State Jena Griswold and Democrat Colorado Attorney General Phil Weiser went after Peters with a vengeance. He faced numerous criminal charges and up to 18 years in prison – essentially a life sentence for someone his age – because of his non-violent behavior. The judge found him guilty of some crimes but acquitted him of identity theft. Prosecutors argued that Peters stole a badge from one of his employees; On the other hand, Peters suspected that the work was in this program. The judge rejected the prosecutors’ allegations, which means that Peters is not a thief in disguise. Then the real injustice began.
Mesa County District Judge Matthew Barrett is a felony judge for the state of Colorado. Unfortunately for Peters, Barrett oversaw his offense. When he was sentenced, Barrett threw the book at him, sentencing him to nine years in prison. Nine years reduces the sentences received by people who voted illegally. In those cases, illegal voters override the votes of legal voters. Worse than the unusual length of a sentence for someone with no criminal record was Barrett’s reasoning. He spoke highly of Peters’ statements about election fraud, calling him a “charlatan.” All such statements are protected by the First Amendment. In other words, Barrett was punishing Peters for constitutionally protected speech. Even worse, Barrett had Peter serve half of his sentence in the county jail rather than send him to the county jail. The retaliation reduced the amount of good time credit and prison services Peters will be eligible for.
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Sadly the Colorado courts have been taken over by the left. The Colorado Supreme Court, for example, illegally threw President Trump off the ballot in 2024, saying he is a rebel. A unanimous reversal by the US Supreme Court quickly overturned that absurd decision. However, even the left-leaning appellate panel saw a grave injustice in Peters’ case. The panel dismissed the case because of concerns that Barrett had illegally punished Peters for protected speech.
Meanwhile, President Trump and the Trump Justice Department have been fighting for Peter’s release. The president repeatedly raised the issue, even threatening to withhold funding from Colorado. Trump’s Justice Department has filed a statement of interest in Peters’ federal habeas corpus petition, an unusual but appropriate move given the harrowing facts of the case. The American magistrate judge rejected the request, who wanted Peters to be released on bail during the appeal, but Peters’ allies did not give up, and urged the Polis Government to have mercy on him.
Colorado Gov. Jared Polis speaks to the National Governors Association at the Broadmoor Hotel in Colorado Springs, Colo., July 25, 2025. (AP)
Government Polis has faced great pressure to deny sensitivity. Rubenstein strongly opposed it, as did other Democratic officials in Colorado. Colorado is a blue state; indeed, Kamala Harris carried it in 2024 by a similar margin in Illinois. A simple political act for the Polis would have been to deny mercy. Doing so would have earned him the praise of Democrats who wanted Peters to remain behind bars for nearly a decade. A compassionate denial would boost his standing among those Democrats if he chooses to run for president in 2028.
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Trump could try to pardon Peters, but it is certain that the Supreme Court would not hold the pardon illegal because the president can only grant pardons for federal crimes, not state crimes. In other words, for all practical purposes, Peters’ fate was in Polis’ hands.
Polis did not take the easy road; he took the high road. He accepted Peters’ plea for mercy, and will return home on June 1 to spend time with his mother, who is approaching 100 years old. The clemency decision brought immediate condemnation from Colorado activists. Senator Michael Bennet, for example, “vehemently” disagreed with the decision, according to document X. The conviction was returned far outside of Colorado. Democratic Alliance election lawyer Marc Elias wrote on X: “It’s a disgrace. It’s a disgrace.”
On the other hand, Peters expressed gratitude and promised to live a law-abiding life to honor the gift of grace he received. Now Peters’ mother can walk with her daughter by her side instead of going to jail. The cell Peter is in could go to someone who represents a real danger to Coloradans.
It’s worth concluding with a quote from Polis about his clemency decision: “I hope the Democrats don’t sacrifice our deep belief in free speech for political freedom, or ignore what people say, or how they choose to use their free speech.”
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This statement represents the views of old school Democrats like Sen. John Fetterman of Pennsylvania. Sadly, the Polises and Fettermans are a dying breed in the Democratic Party. Many Democrats would be willing to sacrifice deeply held views on free speech if doing so gave them the satisfaction of watching a septuagenarian spend years in prison while his mother dies alone and sad.
Thank you, Gov. Polis, this Colorado Republican voted against you. You have earned my respect.
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