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Tag: Supremacy Clause

Tina Peters convictions upheld, sentence thrown out and case sent back to Mesa County court
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Rocky Mountain Voice, State, Top Stories

Tina Peters convictions upheld, sentence thrown out and case sent back to Mesa County court

By Jen Schumann | Rocky Mountain Voice Tina Peters remains convicted—but the case that made her a national figure isn’t over. A Colorado appeals court upheld every conviction against the former Mesa County clerk Thursday, while also throwing out her sentence and ordering resentencing after finding the trial judge improperly weighed her speech about election fraud. The court laid it out over 78 pages—and shut down almost every major argument Peters brought forward. Judges rejected her claim that a presidential pardon could wipe out state convictions. They also rejected her argument that she was acting under federal authority. The convictions stayed. But the sentence didn’t. The ruling leaves Peters’ criminal convictions fully intact while reopening one of the m...
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Mask Ban For Federal Agents Advances in Denver Despite Supremacy Questions
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DENVER7, Approved, Local

Mask Ban For Federal Agents Advances in Denver Despite Supremacy Questions

By Óscar Contreras | Denver7 The revised proposal also now calls for law enforcement to clearly identify themselves when operating within Denver; a DHS spokeswoman called the proposal “despicable”. DENVER — A proposal that would ban ICE agents and other law enforcement officers from wearing masks in Denver is closer to becoming a law after it advanced out a City Council committee Wednesday. The proposal by Council members Flor Alvidrez and Shontel Lewis, which Denver7 first reported on in early January, was amended earlier in the day and also now requires law enforcement officers, including federal agents, to clearly identify themselves with a visible ID from at least 25 feet away when operating within city limits. Officers who do not comply with the ...
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Defense reply raises stakes in Peters appeal, asks court to order immediate release
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Rocky Mountain Voice, State, Top Stories

Defense reply raises stakes in Peters appeal, asks court to order immediate release

By Jen Schumann | Rocky Mountain Voice With oral arguments just days away, Tina Peters’ legal team has raised the stakes in her appeal, filing a reply that no longer asks the Colorado Court of Appeals simply to weigh jurisdiction—but to declare it already lost and order her immediate release. The reply, filed on the Jan. 8 deadline, directly challenges the Attorney General’s position that the court retains authority over the case and frames Peters’ continued imprisonment as unconstitutional.  2026-01-08 A Peters Reply to Peoples ResponseDownload Her attorneys explicitly say the appellate court should find that it lacks jurisdiction and that Peters “must be released from custody forthwith.” The filing follows Peters’ Dec. 23 motion challenging the cou...
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State fires back at Peters’ jurisdiction challenge, rejects pardon and supremacy claims
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Rocky Mountain Voice, State, Top Stories

State fires back at Peters’ jurisdiction challenge, rejects pardon and supremacy claims

By Jen Schumann | Rocky Mountain Voice Fifteen months after Tina Peters was taken into custody at sentencing, and as she marks a second New Year behind bars, Colorado’s Attorney General moved to answer her latest court filing, pushing back on a motion that asks the Court of Appeals to decide whether it even has jurisdiction to proceed. Filed Monday afternoon on Jan. 5, the 23-page brief from Senior Assistant Attorneys General Nora Passamaneck and Lisa K. Michaels argues that President Trump's pardon holds no sway over Peters' state convictions—and that the Colorado Court of Appeals should press forward with her appeal without missing a beat. This latest filing comes on the heels of Peters' Dec. 23 motion, which RMV covered in detail. Citing the pardon and Suprem...
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From question to confrontation: Peters’ legal team forces Colorado courts to choose
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Rocky Mountain Voice, State, Top Stories

From question to confrontation: Peters’ legal team forces Colorado courts to choose

By Jen Schumann | Rocky Mountain Voice One day after the constitutional question facing Colorado courts came into focus, attorneys for former Mesa County Clerk Tina Peters moved to force an answer. Late Tuesday, Peters’ legal team filed an urgent motion asking the Colorado Court of Appeals to determine whether it still has jurisdiction to proceed at all, given a presidential pardon and what her attorneys argue are unresolved violations of federal election law. The filing marks a shift from explanation to escalation. Yesterday’s reporting centered on the unresolved authority question now hanging over the case. This motion is the defense’s attempt to compel the court to decide it. It follows a Dec. 8 federal court order that declined to resolve Peters’ constitutional cla...
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Colorado’s Top Lawyer Is Breaking the Law He Swore to Uphold
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Fox News, Approved, Commentary, State

Colorado’s Top Lawyer Is Breaking the Law He Swore to Uphold

By Hans A. von Spakovsky | Commentary, Fox News Mesa County sheriff removes two deputies from drug task force over information sharing with ICE. By suing Mesa County Deputy Sheriff Alexander Zwink for sharing information about an illegal alien with federal authorities, Colorado Attorney General Phil Weiser is blatantly violating federal law. The Justice Department has already filed a lawsuit to go after the state law he was enforcing, which violates a specific provision of federal immigration law and the U.S. Constitution. Not only should that state law be declared null and void by a federal court, but the two Colorado deputies and their supervisors who’ve been disciplined for this should be immediately reinstated and commended for their work. All of this arises out of Zwink...
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Feds Take Aim at Colorado Sanctuary Laws that Protect Illegal Alien Criminals
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State, Approved, denvergazette.com

Feds Take Aim at Colorado Sanctuary Laws that Protect Illegal Alien Criminals

By Marianne Goodland | The Denver Gazette The U.S. Department of Justice has filed an amended complaint against the state of Colorado and the city of Denver over sanctuary policies. The lawsuit was initially filed in May, but the amended complaint, filed last Friday, also targets the lawsuit filed last week by Attorney General Phil Weiser against a Mesa County deputy sheriff. The Weiser lawsuit alleges Deputy Alexander Zwinck shared information with Immigration and Customs Enforcement about a 19-year-old nursing student who was the subject of a traffic stop. The student was later picked up by ICE and detained for two weeks and released on bond. The Weiser lawsuit claims Zwinck broke Colorado laws that forbid Colorado state and local government employees from cooperating or s...
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Critics warn Polis’ immigration law oversteps Constitution, ignores federal authority
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Approved, completecolorado.com, State

Critics warn Polis’ immigration law oversteps Constitution, ignores federal authority

By Savana Kascak | Complete Colorado DENVER—Despite repeated claims that Colorado is not a “sanctuary state” for illegal immigration, Gov. Jared Polis on May 23 signed a bill into law that both reinforces and expands Colorado’s existing protections for immigrants living in the country illegally. Senate Bill 25-276, Protect Civil Rights Immigration Status was a top priority for majority Democrats in the state legislature as they continue their attempt at isolating Colorado from the Trump administration’s deportation policies, with the bill picking up a remarkable 46 prime and co-sponsors on its way to passage. Expanded protections Colorado state law already limits interaction and information sharing between local and federal officers. However, SB 276 extends this measure to proh...
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American Rights Alliance files amicus brief, backs Tina Peters’ habeas petition over political targeting
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Approved, Local, National, State, yourNEWS

American Rights Alliance files amicus brief, backs Tina Peters’ habeas petition over political targeting

By yourNEWS | yournews.com Denver, CO — Former Mesa County Clerk Tina Peters is seeking release from detention through a federal habeas corpus petition, alleging that her prosecution and incarceration violate federal law and her constitutional rights. The case, Tina Peters v. John Feyen and Philip J. Weiser, Civil Action No. 1:25-cv-00425-STV, is currently before U.S. District Court Judge Scott T. Varholak in the District of Colorado. Peters, convicted at the state level for actions taken while serving as the chief election official for Mesa County during the 2020 election, is now challenging the legitimacy of her prosecution. Her legal team argues that her actions were not only lawful but mandated by her duties under federal law to preserve election records. The America...
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