DENVER — Colorado’s Democratic governor, facing a pressure campaign from President 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. Mr. 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,” Mr. Polis wrote on the social platform X.
On Wednesday, Mr. Polis told KUSA-TV that whether Peters apologizes for her actions would be an important factor in his decision.
“What she would have to show in any successful clemency application would be appropriate contrition, apology. That’s the kind of thing I would be looking for,” he said.
Peters has not expressed remorse for her actions, instead defending them as necessary to investigate possible fraud.
Peters’ lawyers welcomed the governor’s initial 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 Mr. Trump’s false claims that the 2020 election was stolen from him, especially those who have been pushing unfounded conspiracy theories.
Mr. 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 Mr. 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,” Mr. Weiser, a Democrat who is running to succeed the term-limited Mr. Polis, said in an emailed statement.
U.S. Sen. Michael Bennet, who is hoping to replace Mr. 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.
Please read our comment policy before commenting.