Trump Says He’s Pardoned Tina Peters — But Colorado Says “Not So Fast”

Every few months, the political world gets a story that feels like it was pulled straight from a legal drama. This week’s episode stars former President Donald Trump, a Colorado elections clerk, and a pardon that… well… isn’t actually a pardon.

On December 11, Trump jumped onto Truth Social to announce he had granted a “full Pardon” to Tina Peters, the former Mesa County elections clerk who became a celebrity in election-denial circles after 2020. If you’ve followed her story, you know Peters has been serving a nine-year sentence in Colorado for allowing outsiders to copy confidential election machine data in an effort to prove nonexistent voter fraud. She was convicted on multiple felony charges under **state** law—very important detail.

Trump, of course, cast her as a hero. In his post, he praised Peters as a “Patriot,” claimed she was persecuted by Democrats, and repeated the familiar refrain that she was only trying to expose voter fraud in the 2020 election. Regardless of countless investigations confirming the election’s integrity, Trump continues to frame cases like Peters’s as political revenge.

But here’s where things get interesting: even though Trump says he pardoned her, **he has zero legal authority to do so**.

That’s not a matter of opinion—it's just how the Constitution works. A president can only pardon people convicted of **federal** crimes. Tina Peters was convicted in **Colorado state court**, under **Colorado state law**, and that means only Colorado’s governor, Jared Polis, has the power to grant her a real pardon. In other words, Trump’s announcement may have been dramatic, but legally speaking, it doesn’t move the needle at all.

Colorado officials made that clear almost immediately. Governor Polis responded that Trump’s declaration has “no legal effect whatsoever,” a sentiment echoed by Attorney General Phil Weiser, who reminded the public that states operate their own criminal justice systems independent of the federal government. Colorado Secretary of State Jena Griswold chimed in too, describing Trump’s move as yet another attempt to undermine trust in elections. If there’s one thing officials seemed unified on, it’s that Trump’s pardon exists only on social media, not in real life.

Legal experts agree. The Constitution’s pardon clause refers specifically to “Offenses against the United States,” which has always been interpreted to mean federal crimes. There has never been a successful attempt—ever—in American history where a president overrode a state criminal conviction. Even Peters’s own attorney floated a novel theory arguing that maybe presidential pardon power *could* apply to state crimes, but legal scholars dismissed it as a long shot with no grounding in past precedent.

As for Peters, her case is part of a much bigger political story. She became a prominent figure in the movement claiming the 2020 election was rigged. Her supporters hailed her as a whistleblower, but the courts found she had compromised the security of voting machines, given unauthorized access to sensitive election systems, and helped spread false information. Whether you see her as a fighter or a felon depends largely on your political lens, but legally, the verdict stands.

Trump has a long track record of using pardons in ways that break political norms—especially when it comes to people who stood by him during his battles over the election. His latest gesture toward Peters fits that pattern, but the twist this time is that he’s stepped outside the bounds of what a U.S. president can actually do. Intent aside, this “pardon” is symbolic at best.

So what happens now? For the moment, nothing changes for Tina Peters. She remains in Colorado state prison serving her sentence. Trump’s proclamation doesn’t open the prison doors, doesn’t change her record, and doesn’t start an appeals process. The only person with the power to free her is Governor Jared Polis, and he doesn’t appear to be entertaining the idea.

What this episode really highlights is the ongoing clash between Trump’s political messaging and the legal limits of presidential authority. It’s also another reminder of how the fallout from the 2020 election continues to shape political narratives, legal battles, and public perception. Even years later, the lines between legal reality and political theater remain sharply drawn.

In the end, Trump’s announcement might rally supporters and stoke online debate, but legally, Colorado officials are holding firm: Tina Peters is a state prisoner, and no presidential post can change that.