Political Sheet

Trump Says He ‘Pardoned’ Tina Peters. That’s Not How Federalism Works.

Trump Says He ‘Pardoned’ Tina Peters. That’s Not How Federalism Works.
Trump Says He ‘Pardoned’ Tina Peters. That’s Not How Federalism Works.
Written by Scott K. James

Denver Gazette reports Trump says he “pardoned” Tina Peters. Her crimes are state charges. Two things can be wrong at once. Keep the rule of law intact.

The Denver Gazette reports that President Donald Trump said he is “pardoning” Tina Peters. The story makes clear that it does not free the former Mesa County clerk because she was convicted under Colorado law and sentenced to nine years. A president’s pardon power does not reach state crimes.

The piece also notes that a federal judge rejected Peters’ bid for release while her state appeal proceeds. It recounts how the U.S. Department of Justice filed an unusual statement of interest this spring questioning whether the prosecution sought political pain more than justice, and that Colorado’s attorney general pushed to strike the filing. It further says the Federal Bureau of Prisons sought to assume custody, but Colorado declined, and that Trump issued similar symbolic “pardons” for Rudy Giuliani, Mark Meadows, and others facing state cases.

The Bullet Point Brief

  • Trump posted that he granted Peters a full pardon. It does not apply to state convictions or her nine year sentence. Facts matter.
  • A federal judge just denied her release pending appeal, finding no basis to intervene in a state case.
  • DOJ filed a statement of interest questioning the prosecution’s motives. Colorado’s AG called it unprecedented and pushed back.
  • The BOP moved to take custody. The state said no. Jurisdiction still sits with Colorado.
  • Trump has issued similar social media “pardons” for allies charged in state courts. Symbolic, not legal.

My Bottom Line

I really do not want to write about Tina Peters. We were in the same Leadership Program of the Rockies class in 2018. She was running for Mesa County Clerk. I was running for Weld County Commissioner. Since then she has morphed into a figure people project their hopes and hatreds onto.

Here is my honest take. I think she was well intentioned. I think she over stepped. I also think the court was overly punitive and made an example out of her. I think she became a little too enamored with attention from Trump world. With Tina, a lot of things can be true at once. And a lot can be false at once. There is so much internet vitriol that common sense people like me want to run for the shadows when her name comes up.

Is she being mistreated in prison. I have no evidence. Given how divisive she is, I can see how mistreatment could happen. If there are credible allegations anywhere, Trump’s DOJ is right to investigate. What I do not want is selective concern that magically aligns with anyone’s base. Investigate mistreatment because it is wrong, not because it polls.

Now the hard line. Trump cannot pardon state crimes. Period. I voted for the man three times. I still respect the system more than any man. We are a nation of laws, not men. When Polis tried to lock down and mask up the state during COVID, Weld County fought him because he lacked authority. I said then that arbitrary claims of power are tyranny. The same applies here. A president who suggests he can wipe away a state conviction is out over his skis. Federalism matters most when it is inconvenient.

For years we watched Democrats in Colorado stretch the law to get the outcomes they wanted. It was wrong then. It is wrong when our side tries it, even if we agree with the sentiment. Two wrongs do not make a right. Due process and the rule of law still matter. Hold bad actors accountable. Guard prisoner rights. And respect the limits on every office, especially the one in the Oval.


Source: The Denver Gazette

About the author

Scott K. James

A 4th generation Northern Colorado native, Scott K. James is a veteran broadcaster, professional communicator, and principled leader. Widely recognized for his thoughtful, common-sense approach to addressing issues that affect families, businesses, and communities, Scott, his wife, Julie, and son, Jack, call Johnstown, Colorado, home. A former mayor of Johnstown, James is a staunch defender of the Constitution and the rule of law, the free market, and the power of the individual. Scott has delighted in a lifetime of public service and continues that service as a Weld County Commissioner representing District 2.