SouthernWorldwide.com – Colorado Governor Jared Polis has demonstrated a profound act of justice by granting clemency to Tina Peters, a former county clerk who has been incarcerated for an extended period.
Peters, a 70-year-old woman with no prior criminal history, was serving a nine-year sentence in a Colorado prison. This sentence was widely perceived as disproportionate and unjust, especially given the nonviolent nature of her actions. Many on the political left reportedly celebrated her imprisonment, labeling her with terms such as “insurrectionist.”
However, Governor Polis, a Democrat, recognized the egregious wrong in Peters’ situation and intervened. His courageous decision to grant clemency has been applauded by those who believe in the rule of law, irrespective of political affiliation.
Peters’ actions stemmed from her deeply held belief, shared by millions of Americans, that the 2020 election was compromised. As the Mesa County clerk, she sought to expose vulnerabilities in the electronic voting system. To achieve this, she provided secure source code information to an outside advisor, aiming to demonstrate the system’s susceptibility to fraud.
Crucially, these actions took place after the election, and did not result in any alteration of votes. Peters never attempted to manipulate election outcomes.
Despite the nonviolent nature of her conduct, Peters faced a severe backlash from Republican-in-name-only Mesa County District Attorney Dan Rubenstein, along with Democratic Secretary of State Jena Griswold and Democratic Colorado Attorney General Phil Weiser. She was subjected to numerous felony charges, with potential prison time up to 18 years, a sentence effectively amounting to a life sentence for someone of her age.
A jury found Peters guilty on some charges but acquitted her of identity theft. The prosecution’s claim that Peters had stolen an employee’s identification badge was contested by Peters, who alleged the employee was aware of and complicit in the plan. The jury’s acquittal on this charge meant Peters was not convicted of identity theft.
The subsequent sentencing phase, however, marked the beginning of the true injustice. Mesa County District Judge Matthew Barrett, presiding over the trial, imposed a harsh nine-year prison sentence. This sentence is significantly longer than those typically given to individuals who cast illegal votes, a crime that directly undermines the democratic process by canceling out lawful votes.
Adding to the injustice, Judge Barrett’s reasoning for the severe sentence was particularly troubling. He focused on Peters’ statements regarding election fraud, labeling her a “charlatan.” These statements, however, were protected under the First Amendment, suggesting Peters was being punished for constitutionally protected speech.
Furthermore, Judge Barrett’s decision to make Peters serve part of her sentence in a county jail rather than immediately transferring her to state prison was seen as a vindictive act. This maneuver reduced the amount of good-time credit and prison services she would be eligible for, further compounding the harshness of her punishment.
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The Colorado judicial system has unfortunately seen a significant leftward shift. A prime example is the Colorado Supreme Court’s decision to remove President Trump from the 2024 ballot, citing him as an insurrectionist. This ruling was swiftly and unanimously overturned by the U.S. Supreme Court, highlighting its absurdity.
Even a liberal appellate court panel acknowledged the profound injustice in Peters’ case, remanding it for resentencing due to concerns that Judge Barrett had unlawfully penalized her for protected speech.
Throughout this ordeal, President Trump and his Justice Department actively advocated for Peters’ release. The former president repeatedly raised the issue, even threatening to withhold federal funding from Colorado. The Trump Justice Department filed a statement of interest in Peters’ federal habeas corpus petition, an unusual but appropriate step given the extraordinary circumstances.
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While a U.S. magistrate judge denied the petition seeking Peters’ release on bail pending appeal, her supporters continued their efforts, urging Governor Polis to grant her clemency.
Governor Polis faced considerable pressure to deny the clemency request. District Attorney Rubenstein and other Democratic officials in Colorado strongly opposed it. Colorado, a staunchly Democratic state, presented a politically safe path for Polis: denying clemency would have earned him praise from Democrats eager to see Peters remain imprisoned for nearly a decade.
Such a denial would have also likely bolstered his standing among Democrats, potentially aiding any presidential aspirations he might have for 2028.
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While President Trump could have attempted a pardon, it is highly improbable that such a pardon would have been upheld by the Supreme Court. Presidential pardons are limited to federal offenses, not state crimes. Therefore, Peters’ fate rested almost entirely in Governor Polis’s hands.
Governor Polis chose not to take the politically expedient route. Instead, he opted for the morally superior path by granting Peters’ clemency application. This decision means she will be released on June 1 to spend time with her mother, who is nearing 100 years old.
The clemency decision immediately drew sharp criticism from Colorado’s progressive elements. Senator Michael Bennet, for instance, reportedly “vehemently” disagreed with the decision. The condemnation extended beyond Colorado, with prominent Democratic election lawyer Marc Elias posting on X, “Disgraceful. Absolutely disgraceful.”
Tina Peters expressed her profound gratitude for the mercy shown and pledged to lead a law-abiding life, honoring the gift of clemency. Her release ensures she can be by her mother’s side during her final days, rather than being confined to prison.
The cell Peters occupied can now be utilized for individuals who pose a genuine threat to the safety of Coloradans, a far more appropriate use of correctional resources.
Governor Polis’s statement regarding his clemency decision is particularly poignant: “I hope that Democrats don’t sacrifice our deeply held belief in free speech because of political expediency, or disregard for what people are saying, or how they’re choosing to use their free speech.”
This statement echoes the sentiments of traditional Democrats, such as Senator John Fetterman of Pennsylvania. Tragically, figures like Polis and Fetterman represent a diminishing voice within the modern Democratic Party. Many within the party might be willing to compromise on fundamental free speech principles if it means witnessing a septuagenarian spend years in prison while her elderly mother suffers alone.
This act of clemency has earned Governor Polis the respect of this Colorado Republican, who previously voted against him. It is a testament to his courage and commitment to justice.
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