New motion seeks former Colorado Clerk Tina Peters' release, challenging state after Trump's pardon

The motion, obtained by Fox News Digital, was filed Dec. 23 and outlined why Peters should be released.

"There is no question that the Pardon forgave federal offenses," the motion states. "However, the Pardon also forgave Colorado state court convictions for actions Clerk Peters 'may have committed or taken part in related to election integrity and security' during the applicable time period."

Peters was a Republican law clerk who was convicted of official misconduct, conspiracy and influencing a public servant, according to Colorado state law, after she allowed unauthorized access to voting equipment on suspicions that the 2020 election may have been stolen from Trump.

Trump issued a pardon in early December 2025, stating on Truth Social that Peters is "a Patriot who simply wanted to make sure that our Elections were Fair and Honest."

"Tina is sitting in a Colorado prison for the 'crime' of demanding Honest Elections," Trump continued. "Today I am granting Tina a full Pardon for her attempts to expose Voter Fraud in the Rigged 2020 Presidential Election!"

Colorado officials and the court argue that the federal government has no jurisdiction over the proceedings and that a pardon applies only to federal cases. 

"We're not surprised by President Trump shouting into the wind and issuing a meaningless pardon for his friend and fellow election denier Tina Peters," Colorado Democratic Party Chair Shad Murib told Fox News Digital in early December. "The president has no legal authority to demand her release."

In a statement to Fox News Digital, Peters' attorney, Peter Ticktin, said the pardon should be applicable to state charges. 

"Contrary to Colorado's governor, we see the pardon as applicable to state charges," Peters' attorney added. "Hence, the Colorado Court of Appeals may or may not have jurisdiction to hear the appeal, which has been pending."

The court issued a response, obtained by Fox News Digital, to the motion on Christmas Eve, stating that the prosecution must file a response by early January and did not offer any official stance on the motion. 

Peters is expected to spend New Year's Day in prison as proceedings remain stagnant until the early January deadline.