By Michael Karlik | Denver Gazette
A federal judge on Tuesday struggled to understand why the United States government is claiming an “interest” in a relatively narrow issue related to the prosecution and conviction of former Mesa County clerk Tina Peters.
Although the government now alleges Peters’ state criminal case may have been politically motivated, the U.S. Department of Justice’s attorney would not say what evidence, if any, the department has to that effect.
When the federal government files a statement asserting it has an interest in a case, “the typical situation is, ‘We have an interest, judge, that you may not know about and we want you to be aware of it,'” said Chief U.S. Magistrate Judge Scott T. Varholak during a hearing. “I’m just struggling to see what you all bring to the table. Like, why file this?”
Jurors convicted Peters in 2024 for her role in a security breach of her office’s voting equipment. She is currently serving a nine-year prison sentence. While the state’s Court of Appeals reviews her conviction, Peters has filed a federal petition for “habeas corpus,” a legal tool used to challenge one’s confinement. Specifically, Peters is seeking to be released on bond while her appeal moves forward in state court.
However, last month the U.S. Department of Justice unexpectedly inserted itself into the case, filing a “statement of interest” to claim it was reviewing whether Peters’ prosecution was “oriented more toward inflicting political pain than toward pursuing actual justice or legitimate governmental objectives.”
“Do you have any evidence to suggest this was a politically motivated prosecution?” Varholak asked the government’s attorney during a hearing.
Justice Department lawyer Abigail Stout responded it was not “a stretch to say the Colorado state court did not agree with Ms. Peters’ view” on election security.
“Do you have any evidence of that?” repeated Varholak. “That the state of Colorado’s prosecution of Ms. Peters was politically motivated?”
“I’m not authorized to speak on that,” responded Stout.