What the President can legally do to help Tina Peters
By Easton Martin | November 11, 2025
Representative Marjorie Taylor Greene recently called on President Trump to secure the release of Tina Peters, the former Mesa County clerk convicted in Colorado state court for her role in compromising election equipment. Greene described Peters as a defender of election integrity and urged immediate action from the president. The request raises the question of what a president can do for someone convicted at the state level.
Peters’ conviction and sentence are governed by Colorado state law. The president cannot issue a pardon or commutation for state offenses. Federal clemency powers apply only to federal convictions, and Peters’ case does not meet that standard. State authorities retain full control over her sentence, meaning the president cannot directly release her or alter her term in custody.
There are limited ways for presidential involvement. Public advocacy is one option. The president can call on Colorado officials to consider clemency, presenting the request as support rather than an order. While state authorities are not obligated to act, public pressure can sometimes influence decisions.
Another possible option involves a transfer to federal custody. In rare cases, state prisoners can be moved to federal facilities for security or other specific reasons. If Peters were transferred, she could then become eligible for federal clemency. Such a transfer requires the state’s agreement and must meet strict legal criteria.
Finally, the president could support a federal investigation if there is evidence that Peters’ prosecution violated federal laws or civil rights. If federal charges were brought and she were convicted, she could become eligible for a presidential pardon. Until that point, legal relief from the president remains limited.
Greene’s request places pressure on Trump to act, but legally the president has only a narrow range of options. Public advocacy, coordination with state authorities, and potential federal involvement represent the practical avenues available. Peters’ situation remains under state control, and any direct presidential action is constrained by law.
