DENVER (AP) — Former Colorado elections clerk Tina Peters is asking the state appeals court to recognize President Donald Trump’s pardon of her state convictions as valid.
In a motion Tuesday, Peters’ lawyers said the Colorado appeals court no longer has jurisdiction over her case because of a Dec. 5 pardon issued by Trump.
They also asked the court to release her from prison because of the pardon.
The court is set to hear arguments from lawyers in Peters’ appeal of her conviction on Jan. 14.
If the appeals court rules the pardon isn’t valid, one of Peters’ attorneys, Peter Ticktin, said she could appeal that issue to the U.S. Supreme Court while the state court continues to consider Peters’ appeal of her conviction.
Another Peters attorney, John Case, has asked the state prison system to release Peters based on Trump’s pardon but the state refused, according to an email included in the appeals court filing.
Earlier this month, Peters lost a bid in federal court to be released from prison while her state appeal is considered. »