As questions arise about whether former President Donald Trump can pardon Tina Peters, the District Attorney of Colorado’s 21st Judicial District, Dan Rubinstein, has provided critical insight into the legal boundaries of presidential pardons.
Peters, the former Mesa County Clerk, is serving a nine-year sentence after being convicted in 2021 of tampering with election equipment. The issue of a potential pardon has gained traction following Trump’s pardons for individuals connected to the January 6 Capitol riots.
Presidential Pardons: Federal vs. State Convictions
According to Rubinstein, the simple answer is no—Trump cannot pardon Tina Peters. While the president holds the authority to issue pardons for federal crimes, Peters’ conviction falls under state jurisdiction.
Rubinstein explained, “The president, as the highest executive of the Federal Government, can pardon federal convictions. However, state convictions are solely under the authority of the respective state’s governor. In this case, only Governor Polis has the authority to pardon Miss Peters.”
The clarification underscores a fundamental legal distinction between state and federal jurisdictions. Unlike those connected to the January 6 riots, whose cases were tried at the federal level, Peters was prosecuted and convicted under Colorado state law.
How State and Federal Pardons Differ
Rubinstein emphasized that even Colorado residents involved in federal cases, such as the Capitol riots, would not go through the 21st Judicial District. “Those cases would be handled by the U.S. Attorney’s Office for the District of Colorado,” he noted.
This distinction reveals the limited scope of Trump’s pardon power:
- Federal Pardons: Issued by the president for federal crimes.
- State Pardons: Issued by a state governor for crimes prosecuted under state law.
In Peters’ case, the authority rests entirely with Governor Jared Polis.
Political Pardons and Public Trust
Rubinstein also offered broader commentary on the implications of pardons issued for political reasons. He expressed concern that such actions could undermine public confidence in the justice system.
“The pardons being done for political purposes never gives people confidence in the criminal justice system,” he stated. “It really should be because circumstances have changed or somebody’s earned it.”
This perspective reflects the ongoing debate about the use of executive clemency for politically charged cases.
No Pardon on the Horizon
As of now, there is no indication that either Trump or Polis has plans to pardon Tina Peters. Her conviction stems from allegations that she tampered with voting equipment in an attempt to challenge the integrity of the 2020 election results.
The case, which gained national attention, remains a contentious issue in Colorado and beyond.
