Is this how we get Tina Peters out of Colorado State Prison?

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Yesterday, we brought you the big news that Tina Peters was issued a full pardon from President Trump.

If you missed it, report it here:

BREAKING: President Trump pardons election fraud whistleblower Tina Peters

But now come the big questions…

Amnesty is only at the federal level and does not apply to state charges.

The problem is that Tina Peters is in state prison on state charges/conviction.

So…why would President Trump bother issuing a pardon if it’s not effective?

Is there any real way to get Tina out of jail?

Is there something else going on behind the scenes here?

I think so and I want to show you some principles.

From my friend MJ:

And here:

Deep panic in the state‼️

This is really very important…

Tina Peters’ charges were state, not federal… so how can President Trump pardon her? The US Constitution gives the President the power to pardon only for federal crimes, not for state crimes.

If the Peters case is escalated to say… federal jurisdiction, possibly through a grand jury investigation into election fraud.

Then… what happened a few days ago?

Several days earlier, Attorney Peter Ticktin, who represents Tina Peters, sent an urgent letter to President Trump stating that Tina Peters is a vital witness against Dominion and its employees, who operated an illegal operation supported and controlled by foreign actors to steal the 2020 election.

If she became a federal witness in a federal case – the US Marshals could take custody.

But just so you know, we don’t write entire articles based on just one post on X, even though I like MJ and know he does excellent work.

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So I want to take the discussion forward right here.

First, I went to Grok to fact-check whether the theory posted above could prove to be true.

Here’s what it told me:

U.S. Marshals may detain material witnesses under 18 USC § 3144 if their testimony is “essential” and a flight risk exists, often through federal protective custody. But Peters has not been named as such – he has not been named as a witness in any grand jury or indictment. Previous federal efforts (e.g., the DOJ’s November transfer request) failed, and his habeas corpus bid was rejected on December 8.

X posts increase this speculation (for example, by linking to “national emergency” executive orders), but this is unproven propaganda.

Too:

Ticktin’s December 7 letter (9 pages) calls Peters a “key witness” with “the only surviving forensic copy” of Colorado’s 2020 Dominion data, alleging a conspiracy involving Dominion, Venezuelan actors, Sec. Griswold (for the “trusted build” software update that allegedly removed evidence), and alien control for “stealing the presidency”. In this, an immediate apology has been demanded for his testimony.

However, these are echoes of the long-debunked conspiracy theories of 2020: Multiple audits, hand-counting, and 60+ court cases found no widespread fraud; Dominion won defamation suits against supporters (for example, Fox News settled for $787 million). Peters’ “evidence” from the 2021 breach found no evidence of fraud, leading to his conviction by a Republican-led prosecution in a Republican county. No federal investigation has validated these claims.

Okay so maybe there’s something there, but honestly that’s a bit far-fetched.

So what else can be done?

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This is what I wanted. To check next…

So I went to Groke again and asked him to provide any/all legally appropriate avenues for the Trump Administration to get Tina Peters out of jail.

And here’s what we got:

From first principles, let’s reason step-by-step without considering consequences or conspiracies.

Start with the key legal realities:

(1) Federal power is limited by the Constitution (e.g., no direct preemption of state criminal judgments according to the 10th Amendment and federalism);

(2) executive authority (e.g., pardon, DOJ investigation) must respect due process and separation of powers;

(3) Success requires evidence-based actions to avoid court reversal or political backlash.

The goal: secure the release of Peters from Colorado custody (where she is being held in a women’s prison in Pueblo) while maintaining her legality.

Step 1: Accept the obstacles.

Peters’s nine-year sentence (effective October 2024) is a fully state-level sentence, upheld by a Mesa County jury and judge.

Trump’s pardon (December 11, 2025) is ineffective here – it’s like forgiving a debt you don’t have.

Direct federal seizure would violate the anti-commandeering doctrine (Printz v. United States, 1997).

Colorado’s rejection of prior transfer requests strengthens state sovereignty.

Step 2: Identify legal levers.

Build from constitutional instruments: executive (DOJ enforcement), judicial (detainer or appeal), and political (coercion).

Prioritize paths by example.

Step 3: Plausible strategies, ranked by feasibility (high to low).

High feasibility: exit state appeal + political pressure (illegal extraction).

Support Peters’ ongoing appeal in the Colorado Court of Appeals (filed after conviction). If successful, his sentence could be vacated without federal involvement.

Additionally, increase public/DOJ pressure: Trump’s threats of “harsh measures” in August 2025 and the December 10 DOJ prison investigation (citing civil rights violations such as threats to Peters) may indirectly force better conditions or changes in the state.

Gov. Polis (a moderate Democrat) is opposed, but may negotiate if tied to bipartisan issues (e.g., prison reform).

Why legal? Appeal is his right; Pressure is protected speech.

Timeframe: 6-18 months.

Chances of success: Medium (his arrest was rejected on 8 December, but new evidence may influence).

Medium Feasibility: Name as federal witness and seek custody transfer.

Initiate a legitimate federal investigation into 2020 election security (for example, through a grand jury under 52 USC § 10307 for voting rights violations).

If Peters’ data is deemed “critical” (as per Ticktin’s claims), subpoena him as a witness and request transfer under 28 USC § 2241 (detainee to federal custody).

U.S. Marshals could keep him in protective custody during his testimony.

The pardon would shield him from any resulting federal charges.

Why legal? Witness protection is routine (for example, in mob cases); Evidence of fraud is not required in advance—only probable cause for an investigation.

Precedent: The DOJ has transferred state prisoners for federal trials (for example, in RICO cases).

Timeframe: 3-12 months (investigation start).

Chances of success: Medium-low (requires trusted predicate; previous Dominion check has failed).

Low Feasibility: Federalizing the Underlying Crime.

Convict co-conspirators (for example, if evidence of interstate fraud involving Dominion emerges) under federal election laws (18 U.S.C. § 245).

Argue that Peters’s actions were federally protected whistleblowing sought to be thrown out in federal court through 28 USC § 1442 (Federal Officer Defense).

If granted, pardon applies, and is followed by release.

Why legal? Removal jurisdiction exists for federal questions.

Timeframe: 6-24 months.

Chances of success: Low (his conviction was for state embezzlement, not federal fraud; courts demand stronger evidence).

Avoidable/Illegal Paths:

Direct executive order ending state detention (violates federalism);

Fabricated charges to “save” him (abuse of power, impeachment).

These fail the first principles of the rule of law.

So honestly guys?

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There are a few options but they all seem “far-fetched” to me.

Let’s hope President Trump really does have a rabbit up his sleeve, because I don’t see good options available to us at this point without a miracle.

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