Trump's attempt to pardon Tina Peters runs into constitutional limits

Nick Schifrin:

President Trump's use of pardons is a Rorschach test of sorts on how people view his second term. For some, he's undoing Justice Department -- quote -- "weaponization." For others, he's letting loyal followers get away with crimes.

Earlier this year, President Trump pardoned around 1,500 people for their involvement in efforts to overturn the 2020 presidential election. As we near the fifth anniversary of the January 6 Capitol attack, one high-profile election denier remains behind bars.

And, as White House correspondent Liz Landers reports, there's little Trump can do to get former Colorado county clerk Tina Peters out of prison.

Liz Landers:

President Donald Trump has been on a pardoning spree of late, using his executive power to bestow clemency on convicted businessmen and the former president of Honduras.

President Donald Trump:

No autopen necessary.

(Laughter)

Tina Peters, Former Colorado County Clerk:

Well, they didn't make a mistake. They erased it.

Liz Landers:

He recently announced on social media that he was pardoning Tina Peters, a former Colorado County clerk, though his pardon power only covers federal crimes, not her state convictions.

He wrote online that Democrats had -- quote -- "been relentless in their targeting of her."

Donald Trump:

She caught people cheating on an election and they said she was cheating. She wasn't cheating.

Liz Landers:

She may not be a household name, but Peters' case has become a rallying cry for MAGA and the president since her conviction last year. Tina Peters served as the Mesa County clerk administering elections in the Colorado community after being first elected in 2018.

A Republican, Peters became a vocal election denier, questioning the 2020 results and the voting machines used to conduct them.

Tina Peters:

No one has addressed looking into the machines to see what has been happening by these vendors, by this vendor that manufactures the machines and what goes on. It's been a mystery box, a mystery black box.

Liz Landers:

In 2021, Peters allowed someone associated with MyPillow CEO Mike Lindell to misuse a security card to gain access to the county election system and lied about his identity.

Peter Ticktin, Attorney For Tina Peters:

And she knows what she did. And she knows what she did was brave, but it wasn't wrong.

Liz Landers:

Her attorney, Peter Ticktin, says Peters doesn't regret her actions.

Peter Ticktin:

Her to admit to wrongdoing would have to be because she's either brainwashed herself or others brainwashed her or, I mean, she'd be living a falsity.

Liz Landers:

Peters was charged in 2023 with 10 counts related to the scheme. A Republican district attorney prosecuted the case. She was convicted in summer of 2024 of seven of those charges, three counts of attempting to influence a public servant, one count of conspiracy to commit criminal impersonation, first degree official misconduct, violation of duty and failing to comply with the secretary of state.

The district judge sentenced her to nine years in prison, not mincing words at her sentencing.

Judge Matthew Barrett, Mesa County District Court:

Your lies are well documented and these convictions are serious. I'm convinced you would do it all over again if you could. You're as defiant as a defendant as this court has ever seen. You are no hero. You abused your position. And you're a charlatan.

Liz Landers:

During his second term, President Trump has repeatedly pressured the Justice Department and Colorado officials to pardon or release Peters, writing in August -- quote -- "If she is not released, I'm going to take harsh measures."

Democratic Colorado Secretary of State Jena Griswold spoke to "PBS News Hour" about that pressure campaign.

Jena Griswold (D), Colorado Secretary of State: What happens with Trump is, he tries to push the line, tries to push, people pretending he has authority that he does not. And if they refuse an unlawful order or an unlawful executive order or request, then the retaliation starts from him, but also the far right.

Liz Landers:

This is just the latest in a series of moves to rewrite the 2020 election. The president recently pardoned prominent members of his 2020 campaign legal team who had not been charged with federal crimes, including Rudy Giuliani and attorney Sidney Powell.

And on his first day in office, he pardoned more than 1,500 January 6 defendants. Griswold says that Trump's pardon for Peters has clear limits.

Jena Griswold:

She was convicted under our state laws in a state court, and the president does not have authority to issue pardons for state convictions. That's very clear in the Constitution.

Daniel Day-Lewis, Actor:

I need this!

Liz Landers:

But Peters attorney believes the Constitution is being misinterpreted, a revelation that struck him as he watched the 2012 film "Lincoln."

Daniel Day-Lewis:

I am the president of the United States of America, clothed in immense power!

Peter Ticktin:

We're looking at it now post the Civil War, when the central government, the federal government, became the strong central government that it is, that really made the United States into one cohesive government, one cohesive country, instead of a conglomeration of countries, which it originally was.

So when the framers wrote, for offenses against the United States, they weren't talking about it. They were talking about them.

Liz Landers:

Are there any examples that you can think of a president pardoning a state crime or state conviction?

Peter Ticktin:

So there are, but I really need to delve into it a little bit deeper.

Liz Landers:

Colorado's Democratic Governor Jared Polis said after the president's announcement that the courts will decide the matter. Ticktin hopes it reaches the highest court in the land.

Peter Ticktin:

The Supreme Court of the United States has -- a good number of the justices are fundamentalists. They are smart enough to understand that, to understand what the Constitution really means, you have got to look at the minds of the founders. What did they mean?

Liz Landers:

Griswold, though, argues the repercussions would be felt far and wide if Peters walks free.

Jena Griswold:

It would set the precedent that people can attack our elections and potentially disenfranchise Americans without any type of consequences. It would also set the precedent that, if people break the law and our friends with Donald Trump, they won't face consequences. That's a direct assault to the rule of law in this country. And it just cannot stand.

Liz Landers:

For the "PBS News Hour," I'm Liz Landers.