Trump says he will pardon jailed elections clerk, but state officials say he cannot

December 12, 2025

President Donald Trump announced a pardon for Tina Peters, a former Colorado county clerk currently serving nine years in prison for crimes related to unauthorized access to voting equipment following the 2020 election. Peters was convicted on seven state-level charges, including attempting to influence public servants and conspiracy to commit criminal impersonation. However, presidential pardoning authority traditionally extends only to federal offenses, not state crimes, leading Colorado officials to assert that Trump's action lacks constitutional basis and legal validity.

Who is affected

Tina Peters (former Colorado elections clerk serving a nine-year sentence)
Colorado Attorney General Phil Weiser
Colorado Secretary of State Jena Griswold
The state of Colorado's criminal justice system
Election conspiracy movement supporters
President Donald Trump

What action is being taken

Tina Peters is currently serving a nine-year sentence for her conviction
Colorado officials are rejecting and challenging the legality of Trump's pardon

Why it matters

This situation represents a significant constitutional conflict regarding the separation of federal and state powers. Presidential pardons have historically applied only to federal crimes, so Trump's attempt to pardon someone convicted of state crimes challenges fundamental principles of state sovereignty and federalism. If upheld, it would establish unprecedented executive power over state criminal justice systems, fundamentally altering the balance of power between federal and state governments.

What's next

No explicit next steps stated in the article

Read full article from source: BBC