A Colorado state appeals court on Thursday ordered a new sentencing for Tina Peters in the former county clerk’s 2020 election interference case, reasoning that her almost nine-year term “was based in part on improper consideration of her exercise of her right to free speech.”

It’s a qualified win for Peters, because the appeals court still upheld her trial convictions for attempting to influence a public servant and conspiracy to commit criminal impersonation, first-degree official misconduct, violation of duty and failure to comply with requirements of the secretary of state.

The appeals court also said that President Donald Trump’s attempt to pardon her state crimes has no effect in her favor — the presidential pardon power is for federal crimes — and that she wasn’t immune from prosecution. 

But the appeals court agreed with Peters that the trial judge violated her constitutional rights by punishing her for protected speech regarding alleged election fraud. The appeals court said the trial judge’s comments about her belief in the existence of such fraud in the 2020 election “went beyond relevant considerations for her sentencing.” 

The appeals court said that Peters’ offense wasn’t “her belief, however misguided the trial court deemed it to be, in the existence of such election fraud; it was her deceitful actions in her attempt to gather evidence of such fraud.” The appeals court explained that “just as her purported beliefs underlying her motive for her actions were not relevant to her defense, the trial court should not have considered those beliefs relevant when imposing sentence.” 

The appeals court conceded that many of the trial judge’s statements were completely appropriate, including when it came to the judge’s view that Peters was motivated by self-promotion and self-interest. 

“But several specific statements can be read only as the infliction of punishment because of Peters’s beliefs and statements about election fraud. For example, the court noted that her ‘words’ were particularly damaging because of the position of influence she held; and it noted that every time her beliefs were refuted, she would make a new claim,” the appeals court said. It sent the case back for a new sentencing but rejected Peters’ request to assign it to a different judge. 

Colorado Gov. Jared Polis, a Democrat, previously suggested he might grant her clemency.

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