Colorado Attorney general Disputes Tina Peters‘ First Amendment Appeal Arguments
DENVER – Colorado Attorney General Phil Weiser‘s office has countered claims made by former Mesa County Clerk Tina Peters regarding the denial of her appeal bond, arguing her First Amendment rights were not violated. Peters has asserted the bond denial stemmed from her protected speech concerning election integrity.
Weiser’s filing states there is no established Supreme Court precedent supporting Peters’ claim that the appeal bond was improperly denied based on her speech. The state maintains the court’s decision during Peters’ sentencing last year in Grand Junction was rooted in her actions and promotion of false claims, not simply her voicing of them.
During sentencing, Judge Barrett delivered a sharp rebuke, stating, “You are no hero. You’re a charlatan who used,and is still using,your prior position in office to peddle a snake oil that’s been proven to be junk time and time again.” Barrett specifically criticized Peters’ continued dissemination of unsubstantiated claims about rigged voting machines and a stolen election.
According to the attorney general’s filing, the court determined Peters leveraged her office to “promote the allegations and fuel controversy about the reliability of elections in a quest for fame and power,” and used those allegations to justify her criminal conduct. Therefore, the state argues, the veracity of the claims themselves was irrelevant to the court’s ruling.
The state also opposes an amicus brief filed by Peters’ supporters, arguing they lack a unique viewpoint to aid the court. A motion to strike testimony from a confidential witness submitted by Peters has also been filed.
Peters was convicted after assisting an unauthorized individual in accessing election equipment and attending a secure software update while searching for evidence of voter fraud. She continues to maintain her innocence.
Peters remains a focal point for some on the right who believe election equipment manufacturers conspired to manipulate election results – claims that have been consistently rejected by courts and audits. Former President Donald Trump has publicly advocated for Peters, even directing the U.S. Department of Justice to review her case, referring to her as a “hostage” held “for political reasons.”
