Yesterday evening, a development we’ve been anticipating ever since Donald Trump won a second term as President last November: Trump personally weighed in on the case of convicted Mesa County Clerk Tina Peters, who is serving a nine year sentence in Colorado state prisons for her role in a failed scheme to hack voting machines in her charge hoping to prove the 2020 presidential election was somehow stolen. After Trump’s re-election ended the federal criminal case against him for attempting to overturn the results of the 2020 elections and the pardoning en masse of even violent insurrectionists who stormed the U.S. Capitol on January 6, 2021, Tina Peters is now the only person doing time for crimes stemming from Trump’s refusal to accept defeat.
And as Colorado Public Radio reports, Trump is now pulling out all the stops to free this last vestige of accountability for his actions:
“Tina is an innocent Political Prisoner being horribly and unjustly punished in the form of Cruel and Unusual Punishment,” he wrote.
In the post, Trump directed the U.S. Department of Justice to “take all necessary action to help secure the release of former Mesa county clerk Tina Peters,” referring to her as a hostage that was “being held in a Colorado prison by the Democrats, for political reasons.”
“FREE TINA PETERS, NOW!” Trump wrote to punctuate the message…
Trump’s online proclamation is the latest step in a growing federal effort to free Peters. In March, the Department of Justice went to court in a bid to help Peters and potentially free her from custody. Attorneys for the state of Colorado have asked a federal judge to reject the Justice Department’s filings. The judge said at the hearing that he will rule after determining whether he has jurisdiction. Peters is serving nine years at La Vista Correctional Facility in Pueblo.
For those of us in Colorado who have followed Tina Peters’ case from the original investigation that began in the summer of 2021, Trump’s version of events, including to the Republican elected officials in Mesa County who lived through the ordeal and the Republican prosecutor who convicted Peters, is so far detached from reality that it’s difficult to know where to begin unpacking:
Set aside the cheap and predictable “whataboutism” and let’s focus on what matters: Trump’s claim that Peters “worked to expose and document Democrat Election Fraud.” The truth is that none of the voting machine software illegally copied and distributed to election conspiracy theorists literally across the globe revealed any evidence of fraud. This was one of many issues that DA Dan Rubinstein comprehensively addressed with a point-by-point refutation of the claims made by Peters’ defenders. In reality, the only security breach uncovered during the entire case was Peters own actions to defeat security systems in place to protect voting machines and help a conspiracy theorists use false credentials to access the equipment.
Readers will recall that Rep. Lauren Boebert, who fully embraces the “Big Lie” that Trump won the 2020 election, nonetheless conspicuously failed to defend Peters during her prosecution, even going so far as to vouch for Rubinstein’s investigation as credible. But now that Trump has rallied to Peters’ defense, forget all that:
As we’ve discussed previously, comparing Tina Peters’ deliberate actions to defeat security systems and allow unauthorized access to hardware and software to the accidental leak of some passwords to voting machines by the Secretary of State’s office is completely ignorant of the law that specifies such releases must be “knowing” to be criminal. But after Boebert personally attested to the integrity of DA Rubinstein’s investigation of Peters, her sudden about-face to get in line behind Trump, to put it mildly, lacks credibility.
What happens next depends on the success of Peters’ petition to be released pending appeal, which doesn’t look likely to succeed as of this writing. From there, it’s unclear what actions the federal government can take to compel Colorado to release Peters, and that is naturally concerning since Trump could pursue “creative” means of inducing the state to do his bidding like disrupting the flow of unrelated federal funds. For his part, Gov. Jared Polis has publicly rejected any possible “quid pro quo” with Trump for Peters’ release.
As it has been from the beginning, the case of Tina Peters’ felony misconduct is about more than Tina Peters. Peters herself, though she has demonstrated that she does not have the ethical compass to serve in public office, was duped by the “Big Lie” promulgated by Trump that the 2020 presidential election was stolen, and became personally determined to abuse her own authority and public trust to prove it. After Peters’ crimes failed to supply evidence to support the “Big Lie,” the loopy conspiracy theorists like Mike “MyPillow Guy” Lindell and former Overstock.com CEO Patrick Byrne who put her up to the scheme were obliged to make Peters a martyr for Trump’s bogus cause.
And that leads to our most fundamental question: why can’t Trump just let this case go? If anyone was giving Trump smart advice, that would be the recommendation. Even if you believe as Trump does that the 2020 presidential election was stolen, the improper actions Peters took to override security and allow outsiders to utilize fake credentials to access secure voting equipment were totally unacceptable. If you claim to care about election security, Peters’ actions should horrify you no matter what you think happened in 2020. To validate what Peters did would create a vastly larger risk to the integrity of future elections.
Donald Trump may honestly believe that he won the 2020 presidential election. At times, however, Trump has let slip statements that sound close to a concession. If Trump knows in his heart that he lost in 2020, it’s possible the guilt he would feel over Peters’ incarceration is real.
It should be. Any way you slice the question, Donald Trump is the reason Tina Peters is in prison.
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Maybe it's a conscience, or maybe it's what Peters represents. Accountability that Trump can't control.
I bet it eats at Trump. I hope so.
One would have to have a conscience to have guilt, and Trump has shown he does not. As for Phil, he should wear that post as a badge of honor! Indeed, every Democrat in Colorado should be doing things to incur the wrath of Trump! Why should he always get to set the agenda?
I'm hopelessly out of date, but whenever I think of "Communist" anything, I think of Russia and its hammer and sickle flag which of course isn't what a Russian puppet would want me to think of. I don't know so much about Weiser's thoughts on the inevitable struggle between the bourgeoisie and the proletariat, but I do know the current Gov of Colorado is a hard-core capitalist with big stripes of libertarianism and probable identification with tech meritocracy. I have other problems with our somehow-elected loose cannon's latest mini-manifesto, but it's time for lunch.
Me too, Dr. Jung.
Maybe it's because of my age but when anyone mentions the word "Communist," my mind immediately pivots to the image of Leonid Brezhnev and the rest of the Politburo standing atop Lenin's tomb on May Day, waving their geriatric arms to the workers and the soldiers parading by in the Socialist Paradise.
How many self-professed Communist regimes exist today?
People's Republic of China …. which has really developed the knack for making alot of money.
Cuba? A basket case.
Venezuela? Another basket case.
North Korea? A mega-basket case.
Vietnam? Another socialist country which has developed an affinity for capitalism.
The only successful Marxist states today are Marxist in name only.
I hate trying to parse his brain fart social media posts, but to me the only reason to say "Communist persecution" is to make it sound over-authoritarianist, because busting Peters has nothing whatsoever to do with economics. And it's especially weird for him to make that point, given all the over-authoritarianistic persecution and masked-face disappearances and doge muscle going on under his watch right now. But actual Communism itself? I read the big manifesto some time ago and sort of related to some of its points, but Marx's work was basically that of one of many 19th-century philosophers. There's no reason in my mind to expect that entire societies would successfully run on a very strict interpretation of a book conjured up a couple hundred years ago. It wouldn't be any more logical than strictly adhering to Adam Smith, Nietzsche, von Mises, or anyone else from distant yesteryear. I draw the line at Jung, though.
Truly great thinkers come along once a generation. One simply can’t expect that every written work will carry the same enduring philosophical and literary impact as The Art of the Deal.
Right up there with anything by Descartes or Rousseau, to be sure.
Looking at the Colorado court of appeals filings in the case, I see that Tina's opening brief was due May 5th, but hasn't been filed yet. Not sure why, but if they missed the deadline, well, COA ain't gonna like it.
Who is representing her these days?
In February, the habeas corpus motion was filed by
Gateway Pundit of May 3 says “President Trump’s friend and former school mate, Peter Ticktin, filed a brief in support of Tina Peters in Colorado yesterday.”
And of course, the US Department of Justice(?) is also working for Tina.
Same attorneys representing her on appeal. Case is a local attorney, pretty long in the tooth. McSweeney and Cynkar are real pieces of work. Stooges for the wacky legal right. http://www.mck-lawyers.com/. They're involved in a lot of the abject silliness. They did manage to get the Opening Brief filed in the CO court of appeals on time–at 11:55 pm on 5/5. It'll be quite awhile before the state files the answer brief, probably 4-5 months. Meanwhile, on the federal side, Mag. Judge Varholak seemed inclined to kick the case back to state court, noting that several of the claims were unexhausted and therefore not ripe for habeas review. Strategic mistake to bring a habeas action now, as it risks messing up a later petition once the state appeals are resolved finally. My guess is the federal action gets dismissed as unripe/premature. Silly waste of the court's time, not to mention any DOJ attorneys involved in it. Interesting that no one from Colorado's US Attorney's office is on the case anymore. Just an Abigail Stout from main justice in DC, who graduated from law school in 2019. Not exactly a seasoned veteran. Silly to interfere in the state court proceedings.
I really enjoyed reading this post Pols. You guys always seem to come up with the secret sauce between serious and wickedly funny satire. Good job guys.