Colorado

Dodgers closer Edwin Díaz said Monday that he’s known about the five loose bodies in his elbow — which were removed in an operation Wednesday — since he was drafted in 2012.

Last week in Colorado was the first time it affected him. He gave up three runs without recording an out on April 19. And the next day, he told the team his arm felt “weird.”

On Monday, he described the feeling as “tired and tight.”

Before his arm started giving him problems, Díaz was unavailable for four straight games because of fatigue in his knee. His legs felt “good” in Colorado, Díaz said.

Results from an MRI scan suggested that the loose bodies in his elbow were to blame for the discomfort in his arm. Díaz said he was confident the operation would resolve the problem.

“The tightness and the soreness was where the loose body was,” Díaz said. “So that’s why we ended up getting the surgery because it was in the same spot I’ve always had them.”

He’s hoping to return after the All-Star break. So, the Dodgers will have to come up with an alternate ninth-inning plan for the next two-and-a-half months.

“That sucks to miss the first half with the team,” Díaz said. “I’m new with this team. But that’s something I can’t control. Everyone here is supporting me. All of my teammates they’re supporting me, they’re happy that I’m doing way better than before. They just can’t wait to see me on the mound in the second half.

“They say, take your time, we need you in October. But I want to come back as soon as possible and help this team to win games.”

Díaz is still waiting to have his stitches removed, but he expects to start playing catch in a couple weeks.

“My arm is feeling way better than it did on Sunday,” he said. “That’s a good sign. Right now, just a couple days after surgery, I can move my arm really good. My range of motion is coming back to normal. So that’s something I like. And just get stronger and be ready for the second half.”

The Colorado Avalanche rode swagger, poise and the league’s stingiest goaltender to the best record in the NHL this season. And nothing about that formula has changed in the postseason, with goals from Gabriel Landeskog, Cale Makar, Artturi Lehkonen and Brock Nelson giving Colorado a 4-2 win Thursday over the Kings and a commanding 3-0 lead in their best-of-seven first-round playoff series.

The Kings, who have lost their last six first-round playoff series, need a victory at home Sunday to extend their season. Their goals in Game 3 came from Trevor Moore in the second period and Adrian Kempe on a third-period power play.

“They’re best team in the league for a reason. But we’re right there,” forward Quinton Byfield said. “We’re a confident group.”

“One game at home. Must-win game,” defenseman Drew Doughty added. “Everyone’s going to give everything they’ve got. We’ve got to win that one, and then hopefully get to go back to Denver.”

Colorado Avalanche defenseman Devon Toews celebrates a goal by defenseman Cale Makar on Kings goaltender Anton Forsberg during the second period of Game 3 Thursday at Crypto.com Arena.

(Robert Gauthier / Los Angeles Times)

The difference in the series has been Avalanche goalie Scott Wedgewood, who was nearly perfect again, making 24 saves to place the Kings 60 minutes away from the offseason.

Anton Forsberg, playing in the postseason for the first time, has been almost as good in goal for the Kings, though he was victimized by two fluke goals and an empty-netter.

“Both goalies in the series have been unbelievable,” Kings coach D.J. Smith said. “Give Wedgewood credit. This guy looks like he’s putting his name on the circuit as a big-time goalie.”

The Avalanche, who certainly haven’t needed many lucky breaks in this series, got one early in the first period when Landeskog spun and launched a wild wrister from the blue line that went well wide of the net, only to have the puck carom off the end boards and into the net off Forsberg’s right skate blade.

The goal was the second in as many games for the Colorado captain.

The Kings then got their own break six minutes into the second period when Alex Laferriere jumped Brett Kulak’s clearing pass in the neutral jump and fed Byfield, whose pass into the crease struck Moore’s leg and ricocheted past Wedgewood to tie the score.

Colorado defenseman Devon Toews reaches for the puck against Kings right wing Quinton Byfield in the first period.

(Robert Gauthier / Los Angeles Times)

Colorado needed less than seven minutes to get the lead back, with Makar getting the puck along the boards on the left wing, skating into space at the point, then zipping a wrist shot through heavy traffic and just under the crossbar.

The Avalanche then increased the advantage 7:39 in the final period after Kempe fanned a shot from the point. Lehkonen collected the loose puck and took it the length of the ice before deflecting a centering pass off Kempe’s skate and by Forsberg for a short-handed goal, his second score of the series.

That appeared to put the game away, but after the Kings pulled Forsberg for an extra attacker, Kempe halved the deficit on a tip-in with 4:02 to play. But then Nelson forced a turnover and scored into the empty net with 2:18 left.

The six goals combined matched the total number from the first two games in Colorado.

“We’ve got to keep doing a lot of the things that we are doing,” Doughty said. “Obviously, we got to clean up giving up some of these chances that we’re giving up.”

Kings goalie Anton Forsberg covers the puck as Colorado left wing Gabriel Landeskog battles for it in the second period.

(Robert Gauthier / Los Angeles Times)

The Kings’ penalty kill, which ranked 30th in the 32-team league during the regular season, has been brilliant against the Avalanche, turning back all nine Colorado power plays. That, plus stellar play for Forsberg in goal, has frustrated the NHL’s top-scoring team.

But against Wedgewood, the Kings have mustered little offense, scoring just four goals in the series — three times on the power play and once off Moore’s leg.

“We’d like to get more than two goals. Against this team, I don’t think it’s enough,” Doughty said. “I don’t think we’re creating enough grade-A chances on Wedgewood. He has played well, so for us to beat them, we’ve got to wear them down in the D-zone, make them tired and score goals that way. And we haven’t done that enough.”

They’re guaranteed just one more chance to turn that around.

“There’s no quit in there,” Smith said of the Kings’ locker room. “And I think you’ll see our best game. To a man, we want to give them a real good outing and push this series back to Colorado.”

Zack Steffen finished with two saves and had his second shutout of the season for the Colorado Rapids in a 0-0 tie with LAFC on Wednesday night at BMO Stadium.

The Rapids (4-4-1) had 71% possession.

LAFC (5-2-2), who had lost back-to-back game for the first time in more than a calendar year, are winless in three straight.

Hugo Lloris had two saves and leads MLS with seven shutouts.

LAFC’s Mathieu Choinière hit the post with a shot from outside the area in the 56th minute.

One quarterback will go in the first round of the NFL draft, but he won’t have to wait long to hear his name.

And five Ohio State players will go in the opening round, including three in the first seven picks.

That’s how this year’s beat-writer draft unfolds, at least. For more than two decades, the Los Angeles Times has turned to reporters who cover NFL teams on a daily basis to make their selections.

This year’s version is heavy on edge rushers, light on quarterbacks, and has two running backs as bookends at the beginning and end of Thursday night’s first round, which for the first time is taking place in Pittsburgh.

🚨 The NFL reporters’ mock draft begins at 9 a.m. PDT, with the Las Vegas Raiders on the clock at No. 1.

DENVER — Different opponent. Same result.

In each of the last four seasons, the Kings have opened the Stanley Cup playoffs against the Edmonton Oilers. They lost each time.

So on Sunday the Kings tried a different route, opening against the Colorado Avalanche.

They lost, 2-1.

The goals came from Artturi Lehkonen late in the second period and Logan O’Connor early in the third. The Kings made a game of it late, pulling goaltender Anton Fosberg with 2:57 to play and getting a power-play goal from Artemi Panarin 35 seconds later. But that was as close as they would get.

Maybe the Kings should have been careful what they wished for. Because while the Avalanche aren’t the Oilers, they’re better — much better — than any of the recent Edmonton teams.

This season they won the Presidents’ Trophy, the prize that goes to the team with the best regular-season record in the league, and they earned it by scoring the most goals and giving up the fewest in the NHL. They also had the best home record in the Western Conference and the best road record in the league.

And they started quickly Sunday, putting four shots on goal in the first four minutes. But Forsberg was spectacular, making 28 saves to keep the Kings in the game.

Colorado thought it had beaten him less than seven minutes into the second period when O’Connor found the back of the net from the right circle but the goal was waved off by a goalie interference call on Jack Drury, who tumbled into the crease as O’Connor was releasing his shot. The Avalanche questioned the call, claiming Kings defender Drew Doughty had pushed Drury from behind, but they lost the challenge.

There was no doubt about Colorado’s next goal, which came 4:31 before the second intermission when Lehkonen, defended tightly by Doughty, was able to reach out his stick and sweep in the rebound of Nathan MacKinnon‘s shot from the right boards.

The Avalanche doubled their advantage 5:50 into the third period when Joel Edmundson lost the puck in the Kings’ zone, allowing O’Connor to collect it and race defenseman Cody Ceci to the front of the net before beating Forsberg cleanly. Drury got an assist on the play.

The game, which had been physical all afternoon, turned chippy after that, giving the Kings a power play they took advantage to halve Colorado’s lead. But the Avalanche then closed out the game to a 1-0 lead in the series.

The best-of-seven playoff resumes Tuesday night in Denver before moving to the Crypto.com Arena on Thursday.

DENVER — Nobody’s perfect, not even the Dodgers.

Their steamroll hit a speed bump as they squandered opportunities in Saturday’s 4-3 loss to the Colorado Rockies at Coors Field.

Even the hottest of Dodgers’ hitters cooled off as the night did. Collectively, they went 0-for-6 with runners in scoring position and left eight runners on base, including two in the ninth inning.

Now 15-5, it was their first loss in five games and their first all season to a National League opponent.

Kyle Tucker, the Dodgers’ pricey new right fielder, had three hits, including his third home run this season. And backup catcher Dalton Rushing hit his fifth home run.

But that was all the damage the Dodgers did in support of starter Emmet Sheehan, who left with a one-run lead that reliever Will Klein relinquished in a matter of three batters in the sixth inning.

Shohei Ohtani also saw his career-best on-base streak reach 50 when he singled in the ninth inning to tie Willie Keeler’s 50-game mark established in 1901.

The two-time reining World Series champs threw the proverbial first punch when Tucker launched a 435-foot two-run home run into the second deck, making it 2-0 two batters into the game.

Tucker’s third home run as a Dodger drove home Ohtani, who chopped the first pitch he saw to Troy Johnston and would have been out at first if not for the errant throw by the first baseman.

In the bottom of the first, the Rockies responded when Mickey Moniak doubled and TJ Rumfield drove him in with a single to cut the lead in half, 2-1.

Dodgers catcher Dalton Rushing follows the flight of his solo home run off Colorado pitcher Ryan Feltner Saturday in Denver.

(David Zalubowski / Associated Press)

The Dodgers came right back in the second inning, when Rushing — in his one expected start behind the plate this series — kept crushing, launching a 1-1 pitch 371 feet over the right field wall to make it 3-1. It was his fifth home run in 18 at-bats until that point.

The Dodgers’ two home runs in the first two innings gave them multiple homers in 10 of their first 20 games this season — and ran their MLB-leading season total to 37 as a team.

But the Rockies returned serve in the bottom of the second, when Johnston scored on a Kyle Karros sacrifice fly to stay within a run, 3-2.

That’s how it stayed for the next three innings, as Sheehan got out of the third and fourth unscathed, despite the Rockies putting runners in scoring position in both the third and fourth. His only 1-2-3 inning was the nine-pitch fifth.

His control wasn’t as sharp as in his prior outing, but he left after five innings with the lead, having thrown 77 pitches, allowed four hits, two runs, struck out four and walked two.

The Dodgers got something going again in the sixth inning when Freddie Freeman hit a one-out triple into the gap in the expansive Colorado outfield, just beyond the grasp of diving center fielder Brenton Doyle.

A batter later, the Rockies’ diving third baseman Karros made a nifty play to throw out Teoscar Hernández after he drilled a ball up the line — holding Freeman at third in the process.

Then left-hander Brennan Bernardino came on in relief and tied up a clearly frustrated Max Muncy with a curveball, striking him out and ending a scoreless inning with Freeman stranded on third.

Klein took the loss after taking over for the Dodgers in the sixth and immediately gave up a double to Hunter Goodman before Ezequiel Tovar’s grounder ricocheted off Klein’s left foot and right knee. Tovar reached before Freeman could corral the ball and get it to Klein at first.

Both runners scored on a no-out double by Johnston and Colorado had a 4-3 lead that would stand.

In the eighth, “Let’s go Dodgers” chants picked up with Andy Pages at bat and Ohtani and Tucker on first and second base. But Pages struck out on a strike that was determined to find the bottom of the zone by baseball’s new ABS system.

Hernández then walked to load the bases but Muncy grounded out to second base, leaving more runners stranded.

DENVER — The hottest team in baseball, the coldest game in franchise history.

And a California kid on the mound, battling the inclement elements, this time beating the 35-degree chill.

Last April, a deluge in Philadelphia derailed the Dodgers and Tyler Glasnow in a frustrating defeat against the Phillies.

On Friday, in his first game at Coors Field, the Dodgers’ towering right-hander proved his manager Dave Roberts right: “He’s grown exponentially. I don’t see that these conditions are going to affect him today.”

Dodger Max Muncy follows the flight of his solo home run off Colorado Rockies starting pitcher Tomoyuki Sugano Friday in Denver.

(David Zalubowski/AP)

Indeed not. The former Newhall Hart High standout got the better of the weather and the Colorado Rockies. And his Dodgers teammates put runs on the board like they were logs in the fireplace, scoring at least one run every inning until the sixth inning en route to a breezy 7-1 victory.

Sparked by Max Muncy’s leadoff home runs in the second and fifth innings, the hot hitters up and down the Dodgers’ lineup sapped the suspense from the first of a four-game wraparound series.

Most of the crowd of 28,783 loved to see it. Thousands of dutifully bundled Dodgers supporters chanted and cheered as their boys in blue notched their 15th victory in 19 games, maintaining momentum in the first game of a 13-consecutive-game stretch.

Colorado right-hander Tomoyuki Sugano took the loss after leaving the game after the fourth inning with the Rockies trailing 5-0, having given up five runs on nine hits and thrown 91 pitches (just 51 of them for strikes).

As the grounds crew works to clear snow while Dodgers third baseman Santiago Espinal tosses a snowball at a coach before the team played the Rockies Friday in Denver.

(David Zalubowski / Associated Press)

Conversely, Glasnow (2-0) got the win, going seven innings and yielding just one run and two hits, striking out seven and walking two on 92 pitches. The Rockies (7-13) scored only in the fourth inning, when Troy Johnston’s groundout pushed across Mickey Moniak to make it 5-1.

The Dodgers’ first run came on much more quickly, when Will Smith’s one-out sacrifice fly brought home Shohei Ohtani, who’d led off the game with a double — he went two for three off Sugano on Friday, making the Dodgers’ superstar six for seven all time against his countryman.

Smith’s first RBI was his ninth this season, in his 35th game at the famously hitter-friendly park, though he still had another in him.

Muncy’s 434-foot home run in the second made it 2-0 and his double down the line in the third drove in Smith, who’d reached on a broken-bat single that sent Roberts scurrying in the dugout. That gave the Dodgers their third run before Andy Pages’ sacrifice brought home Freddie Freeman to make it 4-0.

The Dodgers pushed it to 5-0 in the fourth inning when Smith singled to left to score Kyle Tucker, who’d doubled off the center field wall.

And then Muncy led off the fifth with his second solo shot, giving him his 21st career multi-homer game, and his fourth at Coors Field. After Alex Freeland hit a sacrifice fly to left to bring home Pages, the Dodgers led 7-1.

Hyeseong Kim was one of three Dodgers who didn’t score, but the speedy South Korean reached on a single and a walk and twice stole second.

For all the contributors keeping warm up and down the Dodgers’ lineup, the members of the Rockies’ ground crew were the real heroes of Friday’s game. They plowed the outfield grass and shoveled away the couple inches of snow that piled up between 11 a.m. and 2:30 p.m. to prepare a playable field by gametime at 6:40 p.m.

WASHINGTON — President Trump spent much of last week railing against the courts. The courts, in turn, spent it ruling against him.

While Trump made history as the first sitting president to attend oral arguments at the Supreme Court, where he stared down justices as they questioned his bid to end birthright citizenship, quieter courtrooms across the country were challenging his agenda.

The challenges came in on immigration, on his White House ballroom project, on his own liability in the run-up to Jan. 6.

“Dumb Judges and Justices will not a great Country make!” he wrote on Truth Social on Monday.

By Friday, judges had served him loss after loss, each finding the administration had taken executive authority too far, too fast.

Immigration rulings

On immigration, the keystone of Trump’s policy platform, he faced a number of setbacks.

On Monday, a federal judge in California took a step that would allow a class-action lawsuit against the administration’s handling of certain asylum claims. The case concerns thousands of asylum seekers who had made appointments with immigration officials by using a Biden administration phone app called CBP One.

In many cases, migrants from around the world had waited months in Mexico for their turn to speak with border agents after securing appointments through the app.

Those appointments were suddenly canceled after Trump took office. The judge certified those asylum seekers as a class that can challenge the administration’s action in court.

In a similar case, a federal judge in Boston ruled Tuesday that the administration had unlawfully terminated the temporary legal status of as many as 900,000 immigrants who entered the country after using the phone app. Tens of thousands of those told by the administration to leave the U.S. “immediately” have since left or been deported.

The judge ordered the administration to reinstate the legal status and work authorization of those remaining.

“Today’s ruling is a clear rejection of an administration that has tried to erase lawful status for hundreds of thousands of people with the click of a button,” said Skye Perryman, president and CEO of Democracy Forward, a legal organization that represented the migrants.

Sanctuary laws

Also Tuesday, a federal judge threw out a Justice Department lawsuit that accused Denver and Colorado of interfering with immigration enforcement and claimed that the city and state’s “sanctuary” laws violated the Constitution.

The ruling found that the federal government had not shown it could override state and local decisions about how to use their own resources. The Constitution, the judge said, does not let Washington commandeer local governments.

“Colorado gets to make a choice: How will our law enforcement operate in Colorado. The federal government, they don’t get to make that choice for us,” Colorado Atty. Gen. Phil Weiser said.

Birthright citizenship

The next day, the Supreme Court justices appeared skeptical of Trump’s claim that birthright citizenship doesn’t apply to babies born in the U.S. to parents who are here unlawfully or temporarily.

Conservative and liberal judges alike questioned the arguments of Solicitor Gen. John Sauer, who represented the administration, saying he relied on “some pretty obscure sources,” including precedents that dated back to Roman law.

Trump, sitting feet from the proceedings, left the Supreme Court building halfway through.

“We are the only Country in the World STUPID enough to allow ‘Birthright’ Citizenship!” he wrote shortly after departing.

Austin Kocher, a Syracuse University professor who studies immigration enforcement, wrote on Substack after the Supreme Court hearing that, on immigration policy, there is always a gap between what an administration says it will do and what the government can actually deliver. That gap, he argued, is particularly evident in the second Trump administration.

“The White House has built its political identity around the promise of mass deportation, and the rhetoric has been relentless: record arrests, expanded detention, military flights, the spectacle of enforcement as governance,” Kocher wrote.

“But over the past several days,” he added, “developments from multiple fronts suggests that the operational foundations of the mass deportation campaign are more fragile than the administration would like anyone to believe.”

Defying judicial orders

In some cases, the Trump administration has been undeterred by judicial orders to stop certain practices. In a March ruling unsealed Thursday, a federal judge found that Border Patrol agents had continued making illegal arrests in California’s Central Valley without reasonable suspicion.

The government’s explanations for the arrests, wrote Judge Jennifer Thurston in Fresno, “rely on unsupported assumptions, hunches and generalizations about the relationship between a person’s apparent status as a day laborer and their immigration status.”

White House ballroom

Trump had kicked the week off March 29 by touting his 90,000-square-foot ballroom project, showing designs to reporters on Air Force One.

“I think it’ll be the greatest ballroom anywhere in the world,” he said. Two days later, U.S. District Judge Richard Leon ordered a temporary halt to construction.

Leon stated that the president is the “steward” of the White House, not its “owner,” and ruled that he cannot proceed with such a massive structural change without express authorization from Congress.

In response, Trump raged on Truth Social: “In the Ballroom case, the Judge said we have to get Congressional approval. He is WRONG! Congressional approval has never been given on anything, in these circumstances, big or small, having to do with construction at the White House.”

His administration filed a motion Friday to block the judge’s ruling.

Jan 6. liability

On the same day, a judge ruled that Trump remains personally liable in a civil lawsuit tied to the Jan. 6, 2021, attack on the Capitol, allowing those claims to move forward.

It is among the most consequential legal threats he faces.

Trump entered the presidency on the heels of a major Supreme Court win that found former presidents have criminal and civil immunity for official acts during their term.

But Tuesday, U.S. District Judge Amit Mehta deemed Trump’s Jan. 6 speech — in which he directed supporters to march to the Capitol and “fight like hell” — was a political act, not a presidential one, and therefore not shielded by immunity.

“President Trump has not shown that the speech reasonably can be understood as falling within the outer perimeter of his Presidential duties. The content of the ellipse speech confirms that it is not covered by official-acts immunity,” Mehta wrote.

The week ended with yet another setback for Trump when a federal judge on Friday blocked the administration from forcing universities to submit extensive data on applicants and students to prove they don’t illegally consider race in admissions.

Reading the losses

For Adam Winkler, a constitutional law professor at UCLA who has tracked the administration’s legal battles closely, the losing streak had a clear through line.

“It was an awful week for Donald Trump,” he said. “It’s not that the courts are anti-Trump. In fact, he wins a lot. It’s really that he takes such an aggressive approach to policy making that he runs afoul of existing precedents.”

Taken together, last week’s rulings signaled that the courts are insisting that the president is as accountable for his actions as anyone, and that states have constitutional powers he alone cannot override.

“The Trump administration’s recent court losses illustrate that there is still much that the other branches of government can do — in connection with civil society — to uphold the rule of law and mitigate the harms of the administration’s destructive agenda,” said Monika Langarica, deputy legal director at the Center for Human Rights and Constitutional Law.

“They are one more reminder,” she added, “that the administration will not always have the last word with respect to its unlawful and unconstitutional actions.”

Former clerk Tina Peters has become a cause celebre for the election denial movement and President Donald Trump.

An appeals court in the state of Colorado has ordered the resentencing of Tina Peters, a former county clerk convicted of involvement in an election meddling scheme in the United States.

The court overturned Peters’s nine-year prison sentence on Thursday, but not her conviction for helping to tamper with voting machines after the 2020 presidential race.

Her case has become a cause celebre for President Donald Trump and the election denial movement, after it emerged that she was seeking evidence to support Trump’s false claim that his 2020 loss was due to massive fraud.

In Thursday’s decision, the three-judge appeals panel ruled that a lower court had considered Peters’s personal beliefs when deciding upon a punishment, thereby rendering the sentence improper.

“The trial court’s comments about Peters’s belief in the existence of 2020 election fraud went beyond relevant considerations for her sentencing,” the appeals court wrote.

The panel cited comments from Judge Matthew Barrett, who blasted Peters as a “charlatan” promoting “snake oil” claims.

“Her offence was not her belief, however misguided the trial court deemed it to be, in the existence of such election fraud,” the appeals court said. “It was her deceitful actions in her attempt to gather evidence of such fraud.”

Peters was convicted in August 2024 for helping someone from outside the government gain access to the Mesa County election system and make copies.

That person was affiliated with efforts to overturn Trump’s 2020 loss, and the copies they obtained were then shared on social media.

False claims that the 2020 election was marred by massive fraud have been a persistent fixation for Trump and his allies, even after his successful re-election in 2024.

Trump’s efforts to remain in office after his 2020 defeat were the subject of a 2023 criminal indictment brought by former special counsel Jack Smith.

He alleged that Trump led a criminal conspiracy to undermine the election process and rally supporters to overturn the results. Those charges, however, were ultimately dropped when Trump took office again in 2025, as the US Justice Department has a policy against prosecuting sitting presidents.

Since his inauguration, Trump has continued to push the claims he won the 2020 race. He has also used his allegations of fraud to demand greater control over the country’s election infrastructure in advance of the upcoming 2026 midterm elections.

In December, the president pardoned Peters, even though she was not in federal custody, and the presidential power of pardon does not extend to state crimes.

The appeals court panel confirmed on Thursday that Trump’s pardon had no impact on state offences.

“We have found no instance where the presidential pardon power has been stretched in such a way as to invade an individual state’s sovereignty,” the panel said.

State Governor Jared Polis suggested last month that he could consider clemency for Peters.

DENVER — A Colorado appeals court ruled Thursday that a former county clerk convicted in a scheme that sought to prove fraud in the 2020 presidential election should be resentenced because a judge wrongly punished her for statements protected as free speech.

Tina Peters is serving a nine-year prison term after being convicted of state crimes for sneaking in an outside computer expert to make a copy of her county’s election computer system during a software update in 2021. A photo and video of confidential voting system passwords were later posted on social media and a conservative website.

Calls for Peters’ release have become a cause celebre in the election conspiracy movement. President Trump has sought unsuccessfully to pardon Peters and pressured Colorado to set her free.

Judges on the Colorado Court of Appeals upheld her conviction in a 74-page ruling that rejected the notion that Trump has authority to pardon her state crimes. But they said a lower court judge should not have considered Peters’ continued promotion of election fraud conspiracies when he sentenced her in 2024.

One of Tina Peters’ lawyers, John Case, said the court’s ruling affirmed the importance of free speech.

“Tina Peters was punished for words that she used to criticize our insecure and illegal voting system,” Case said. “The decision affirms that people are free to speak what they believe in Colorado as well as the rest of the United States of America.”

Case said he would likely ask at resentencing for Peters to receive the approximately 540 days she’s served already. That would allow her to be freed.

Democratic Colorado Gov. Jared Polis, who has been considering granting clemency to Peters, praised the court’s decision for rejecting Trump’s pardon but upholding her free speech rights.

“This case has been very challenging and a true test of our resolve as a state to have a fair judicial system, not just for people we agree with but a fair system for Coloradans that we vehemently disagree with,” Polis said in statement.

Peters was the former clerk in Mesa County, in the far western part of Colorado, and convicted by jurors in the Republican stronghold that has supported Trump.

She was unapologetic when she was sentenced by Judge Matthew Barrett and insisted that she tried to unearth what she believed was fraud for the greater good. He ripped into her, calling her a “charlatan” who had used her position to “peddle snake oil.”

The appeals court found that Barrett violated her rights to free speech by punishing Peters for persistently alleging fraud in the 2020 election. They noted that because Peters is no longer serving as an election clerk, she can no longer engage in the conduct that led to her conviction.

“The trial court obviously erred by imposing sentence at least partially based on Peters’ protected speech,” Judge Ted Tow wrote in Thursday’s ruling.

The court sent Peters’ case back to a lower court for a judge to issue a new sentence.

Trump has threatened to take “harsh measures” against Colorado unless the state releases Peters. In February, Trump said Colorado was “suffering a big price” for refusing to release her.

Colorado Atty. Gen. Phil Weiser, a Democrat who is running for governor, has accused the Trump administration of waging a revenge campaign by choking off funds and ending federal programs over the state’s refusal to free Peters.

Weiser said in response to the ruling that the original sentence had been “fair and appropriate.”

“Whatever happens with her sentence, Tina Peters will always be a convicted felon who violated her duty as Mesa County clerk, put other lives at risk, and threatened our democracy. Nothing will remove that stain,” Weiser said in a statement.

The Justice Department inserted itself into Peters’ bid to be released while her state appeal was considered. The federal Bureau of Prisons also tried to get Peters moved to a federal prison. After both efforts failed, Trump in December announced a pardon for Peters.

However, the appeals court judges said they could find no prior example of a president pardoning someone for a state crime. And they rejected her attorney’s claims that Peters actions had been carried out while “defending a federal interest.”

“We have found no instance where the presidential pardon power has been stretched in such a way as to invade an individual state’s sovereignty,” they said, adding that the president’s pardon has “no impact” on the state’s case against Peters.

The Associated Press left messages with the White House for comment.

She was convicted of three counts of attempting to influence a public servant and one count each of conspiracy to commit criminal impersonation, first-degree official misconduct, violation of duty and failure to comply with the requirements of the secretary of state.

Peters’ lawyers didn’t deny that she used the security badge of a local man she pretended to hire to allow an associate of MyPillow CEO Mike Lindell to make a copy of the Dominion Voting Systems election computer server during an annual software update in 2021.

But they said she only wanted to preserve election data and find out whether any outside actor had accessed the system while ballots were being counted. They said she didn’t want the information made public.

Slevin and Brown write for the Associated Press.

April 2 (UPI) — A Colorado appeals court on Thursday threw out the sentence of Tina Peters, a former elections clerk, who was convicted in an election data case.

Peters was sentenced to nine years in prison in August 2024 on seven of the 10 counts for which she was charged.

She allowed an unauthorized person to make copies of voting machine hard drives that included classified information. The data from those drives was then leaked online by conspiracy theorists who falsely said it proved President Donald Trump correct in his assertion that the 2020 election was “stolen.”

Trump later pardoned Peters, but Colorado officials said he has no power to do so because she was convicted by the state. He has since pressured Colorado Gov. Jared Polis to pardon her.

The judges of the Colorado Court of Appeals ruled that District Judge Matthew Barrett wrongfully used Peters’ beliefs and promotion of election fraud conspiracy theories in his sentencing.

“We reverse her sentence because it was based in part on improper consideration of her exercise of her right to free speech,” the court wrote, sending her case back to the trial judge. Now Barrett must re-sentence Peters without using her beliefs to make the decision, the appeals judges said.

At the sentencing, Barrett said Peters had no remorse and called her a “charlatan” who abused her position to “peddle snake oil.”

“I am convinced you would do it all over again if you could,” The Hill reported Barrett said. “You’re as defiant as any defendant this court has ever seen.”

In its decision, the appeals court said her beliefs shouldn’t color the sentencing.

“Her offense was not 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. Indeed, under these circumstances, 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 did not overturn Peters’ conviction and formally said Trump doesn’t have the power to pardon a person for state law offenses.

“The crux of Peters’ argument is that the phrase ‘Offences against the United States’ includes an offense against any of the states in the union,” the court wrote. “We join what appears to us to be every other appellate court that has addressed the issue and reject such an expansive reading of the phrase.”

Peters served as a clerk in Mesa County, Colo., whose county seat is Grand Junction, in western Colorado.

She was convicted on three counts of attempting to influence a public servant and one count each of conspiracy to commit criminal impersonation, first-degree misconduct, violation of duty and failure to comply with the requirements of the secretary of state.

Afroman has emerged victorious from an invasion of privacy and defamation case filed against him by seven members of Ohio’s Adams County Sheriff’s Office over mocking videos and social media posts the rapper put out after a failed 2022 raid on his home.

“We did it, America! Yeah, we did it! Freedom of speech! Right on! Right on! Yeah! God bless America!” the 51-year-old rapper, born Joseph Foreman, shouted outside the courthouse after the Wednesday evening verdict as supporters rallied behind him. In the clip, under a white fur coat, he was rocking the same American flag shades and red, white and blue suit and tie he had worn on the stand Tuesday.

Four deputies, two sergeants and a detective with the Adams County sheriff filed the lawsuit in March 2023, seeking to reclaim any money the rapper made from what they said was unauthorized use of their likenesses. The group wanted nearly $4 million in damages. Foreman used footage from the raid in videos for songs including “Lemon Pound Cake” to make money to pay for the damage done to his home during the raid, when his front gate was broken down and his front door smashed in.

The plaintiffs said in their lawsuit that the posts and videos caused them “humiliation, ridicule, mental distress, embarrassment and loss of reputation” and made it difficult to do their law enforcement work.

At trial, all seven plaintiffs testified about the harassment they had suffered because of the rapper’s music and videos. One, Deputy Lisa Phillips, had her gender identity called into question in Foreman’s videos and social media posts. She cried on the stand as a video suggesting she enjoyed sex with other women was played for the court.

The jury apparently agreed with the argument that the sheriff’s officers were acting in a public capacity during the raid and therefore were not shielded from criticism of their behavior.

“No reasonable person would expect a police officer not to be criticized. They’ve been called names before,” defense lawyer David Osborne said in closing arguments for the rapper and comedian, known for his breakout 2000 hit, “Because I Got High.”

In 2022, the sheriff’s team was acting on a warrant showing probable cause that drugs and drug paraphernalia would be found on the property and alleging that trafficking and kidnapping had happened there. No evidence of a crime was found, and no charges were filed.

Foreman wasn’t home during the raid but was able to see at least part of it via a video recorded by his ex-wife and footage captured on his home security system before law enforcement turned off those cameras. He said on the stand that the raid traumatized his children, who were 10 and 12 at the time.

“The whole raid was a mistake. All of this is their fault,” Foreman testified Tuesday. “If they hadn’t wrongly raided my house, there would be no lawsuit, I would not know their names, they wouldn’t be on my home surveillance system, and there would be no songs, nothing.”

Foreman also defended his right to use the raid footage as fodder for his work.

“After they left, I had the right to kick the can and to do what I had to do to repair the damage they brought to my house. Yes, I did,” he testified. “I have freedom of speech. I’m a rapper. I entertain.”

Foreman discussed his reaction to the lawsuit with local station WCPO Channel 9 in 2023. “From the first 10 seconds, I was offended. I was appalled. I was like ‘What?’ Then I started laughing,” he said. “These guys with their rifles are crying about my comedy songs.”

Meanwhile, as the jury deliberated Wednesday, an entirely different Adams County Sheriff’s Office was feeling online heat linked to the trial: the office in Colorado’s Adams County.

“The Adams County Sheriff’s Office has received a flood of social media comments, DMs, and phone calls about the #Afroman defamation trial,” the Colorado department said on X. “It’s clear this is important to a lot of people. There’s just one small issue: that’s the ACSO in Ohio. We are the ACSO in #Colorado. Different states, same name.”

The Associated Press contributed to this report.