The U.S. Department of Justice has announced it will review the Colorado case that led to the prosecution of former Mesa County Clerk and Recorder Tina Peters, who was convicted in May 2021 of multiple felonies and misdemeanors related to a security breach at her office involving election equipment.

The Justice Department’s intervention is connected to a federal lawsuit Peters filed against the Larimer County Sheriff, seeking to be released from jail while the appeals process moves forward.

Peters was sentenced to nine years in prison, with six months to be served in county jail and the rest in state prison. She was convicted of four felonies, including three counts of attempting to influence a public servant and one count of conspiracy to commit criminal impersonation. She was also convicted of three misdemeanors: first-degree official misconduct, violation of duty, and failure to comply with an order from the Secretary of State.

Peters was acquitted of three other charges — an additional count of criminal impersonation, a charge of conspiracy to commit criminal impersonation and identity theft. She initially pleaded not guilty to all charges, describing them as politically motivated. 

The Justice Department’s Monday filing raised concerns about the length of Peters’ sentence, as well as “First Amendment implications” of the court’s October 2024 “assertions relating to Ms. Peters.” The federal agency also raised an issue about the decision to withhold bail, while the conviction is being appealed. The department is backing Peters’ request for release pending appeals.

In its filing, the Justice Department said it is also conducting a review of cases across the nation for abuses of the criminal justice process and intends to evaluate “the state of Colorado’s prosecution of Ms. Peters and, in particular, whether the case was ‘oriented more toward inflicting political pain than toward pursuing actual justice or legitimate governmental objectives.'”

The “statement of interest” was filed by Yaakov Roth, Acting Assistant Attorney General for the Civil Division and J. Bishop Grewell, the Acting United States Attorney for the District of Colorado.

President Donald Trump cannot pardon Peters because her conviction was in a state court. However, in recent weeks, some Republicans have pleaded with the administration to pause federal funds to Colorado until Gov. Jared Polis pardons Peters.

A spokesperson for Polis told 9News last week that Peters has not applied for a pardon.

During sentencing last October, Judge Matthew Barrett chastised Peters for failing to acknowledge her crimes.

“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,” Barrett told her.

“You abused your position, and you’re a charlatan who used and is still using your prior position in office to peddle a snake oil that’s been proven to be junk time and time again. In your world, it’s all about you,” Barrett added.

The lawsuit is Peters v. Feyven/Weiser.