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.
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.
Huw Edwards, the lead presenter of BBC News at Ten for 20 years, was spared jail at Westminster Magistrates’ Court after pleading guilty to three charges of making indecent images of children
01:54, 26 Mar 2026Updated 02:05, 26 Mar 2026
Huw Edwards is pictured leaving Westminster Magistrates’ Court after he was spared jail(Image: PA)
Furious viewers have blasted Huw Edwards’ “disgraceful” sentence after a shocking TV drama detailed his crimes.
The shamed broadcaster, 64, was spared jail despite admitting three charges of making indecent images of children. His case was explored in Channel 5’s Power: The Downfall of Huw Edwards on Tuesday night, in which Martin Clunes played the presenter.
The 90-minute programme showed how Edwards groomed a teenager, paying him for sexual photos and videos. After it was broadcast, one viewer said: “First time in ages I flicked on terrestrial telly — and wow, it laid bare exactly what a monster he was.” Another summed up public anger by adding: “He should be watching this behind bars.” A third viewer said: “His sentence was disgraceful, considering what a sick creep he was.”
Nearly two million people tuned in to see Clunes, 64, portray the broadcaster, who had a vile double life. He was praised for his “compelling” and “career-defining” performance.
“I don’t get why Huw isn’t in prison. He needs to pay for what he’s done. It’s fact,” one viewer posted on X, which was known as Twitter. Another on the platform said: “Watching Power. Martin Clunes is excellent but it’s very uncomfortable viewing. How did Huw Edwards escape prison?”
Katie Jones, a mum who watched the show, wrote online: “I watched simply because I wanted to understand why NO jail time for EDWARDS. Was it cos he claimed to be suffering from a mental breakdown? It’s a must watch — difficult subject told well.” A shocked viewer agreed: “He should have been jailed. He’s a paedophile. He’s not sorry.”
Edwards paid a troubled teenager thousands of pounds, which the lad spent on drugs. The youngster was played by Emmerdale actor Osian Morgan. Osian, who was also in Waterloo Road in 2023, was praised for his acting in the harrowing drama.
Father-of-five Edwards was charged after the arrest of another paedophile, Alex Williams, who had sent him 377 images via WhatsApp. Westminster Magistrates’ Court the star, who was the lead presenter of BBC News at Ten for 20 years, sent 41 indecent images of children, some showing a victim aged between seven and nine.
Child protection charities have slammed the sentencing. Emma Hardy, of the Internet Watch Foundation, said: “We must never forget children are at the heart of this story — children who have suffered, and who suffer again each time imagery of them at their most vulnerable is reshared.
“Perhaps most worryingly, there is nothing to stop this happening again. WhatsApp, and other apps which use the extreme end-to-end form of encryption, are still failing to prevent the upload of known child sexual abuse imagery.
“While some platforms are now choosing not to use this kind of encryption because of safety fears, there remain whole swathes of the internet where this dangerous and illegal content can still be shared undetected and unopposed. The tools to help stop the next Huw Edwards are here, they work, and they do not impact on individuals’ privacy. It’s time to use them.”
By Neal Allen and Anne Lamott Avery: 208 pages, $27
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They’re so darn cute together, these two. Neal Allen, father of four, newspaper reporter turned corporate executive turned spiritual coach turned author of two spiritual guidebooks, stands a full head of hair taller than his dread-headed wife, who calls him her “current husband.” He calls her his “remarkable and beautiful partner” and himself “Mr. Anne Lamott.”
And no wonder. Author Anne Lamott has published 21 books, with worldwide sales in the millions. “Bird by Bird,” her 1994 writing handbook, which has sold more than 1 million copies and continues to sell approximately 40,000 copies each year, became a meme before there were memes. Thirty-two years later, the titular phrase has made appearances everywhere from “Ted Lasso” (Coach Beard: “I hate losing.” Coach Lasso: “Bird by bird, Coach.”) to a Gloria Steinem interview in Cosmopolitan (“Every writer, truth-seeker, parent, and activist I know is in love with one or more books by Anne Lamott”).
Ask a famous writer how they do what they do, and “Bird by Bird” will likely get honorable mention. Harlan Coben, whose 35 novels have sold roughly 90 million copies, calls “Bird by Bird” his “favorite writing manual.” “I use it like a coach’s halftime speech to get me fired up to write.”
In a 2007 interview, “Eat Pray Love” author Elizabeth Gilbert called herself Lamott’s “literary offspring.” Paula McLain, who wrote the 2011 blockbuster “The Paris Wife,” told me: “I return to ‘Bird by Bird’ again and again because Anne Lamott tells the truth about how hard this work is — and then somehow makes you laugh about it.”
I reached out to best-selling memoirist and novelist Dani Shapiro to ask if she had her own experience with the book. “A writer is always a beginner,” she said. “And there is no better companion than ‘Bird by Bird.’”
Lamott and Allen partnered to write “Good Writing.”
(Christie Hemm Klok / For The Times)
Lamott, 71, and Allen, 69, met in 2016 on the 50-plus dating site OurTime.com. Nine months later, they bought a woodsy Marin County home with room for Lamott’s son and grandson. Sam, when he was 1 year old, was the subject of his mom’s first bestseller, the 1993 memoir “Operating Instructions.” His son Jax was the subject, at age 1, of his grandmother’s 2012 memoir, “Some Assembly Required.”
“We were watching U.S. Open tennis one night and Neal said, ‘Can I ask you something?’” Lamott told me via email. “I barely looked away from the TV, and he asked me to marry him. I said, ‘Yes, if we can get a cat.’”
After a decade of marriage, Lamott and Allen have undertaken a professional collaboration whose outcome, like their union, is greater than the sum of its parts. “Good Writing: 36 Ways to Improve Your Sentences” is as sharply specific as “Bird by Bird” is wanderingly wonderful: as winning a companion piece as two winning companions could create. The table of contents is itself a mini-manual of writerly tips: “Use Strong Verbs.” “Sound Natural.” “Keep it Active.” “Stick with Said.” “Don’t Show Off.”
Lamott and Allen.
(Christie Hemm Klok / For The Times)
I spoke to the late-life lovebirds about their process of marital manuscript-making: the good, the not so good and the blackmailing.
Meredith Maran: How did writing “Bird by Bird” compare to co-authoring “Good Writing”?
Anne Lamott: “Bird by Bird” was literally everything I knew about writing, everything I had been teaching my students for years. It was definitely my book. “Good Writing” was definitely Neal’s book. I just foisted my attention on him and threatened to undermine the marriage if he did not let me contribute.
MM: Neal, what on earth convinced you that you could add something to one of the world’s most popular writing books —written by your wife, no less?
Neal Allen: Oh, I’m not adding anything to “Bird by Bird,” which is a complete classic. It’s everything you need to know about becoming a writer. “Good Writing” is about what comes next: a second draft. And while it’s not fair to call “Bird by Bird” a craft book — it’s much more — it’s fine to define “Good Writing” that way.
“Helping each other with our work is one of the richest aspects of our life as a married couple,” Lamott said.
(Christie Hemm Klok / For The Times)
MM: In producing this joint project, how did you two negotiate the differences between your writing styles and personalities?
AL: We didn’t need to negotiate. Neal somehow manages to be both elegant and welcoming, whereas I think I am more like the class den mother, with a plate of cupcakes, exhorting people not to give up, trying to convince them that they can only share their truth in their own voice, that their voice is plenty good, and that when they get stuck, as we all do, I know some tricks that will help them get back to work.
NA: I once asked AI to describe the difference between my writing and Annie’s. AI answered that I explain things to readers; Annie helps readers reach catharsis. I think that’s absolutely right.
MM: How did you come up with the book’s fab format, whereby each of you writes your own introduction, and then each chapter starts with Neal’s thoughts about one of the 36 rules and ends with Annie’s?
NA: Annie first asked if she could annotate what I had written. That scared the bejesus out of me. When she started writing her own essays in her own voice, I was quite relieved. One of the format’s surprising strengths is that Annie always gets the last word. I explain the rule; then she helps the reader find their way and resolve their issues with the rule. There’s a downside: I don’t get to respond when she tells the reader to ignore me.
“I’m not adding anything to ‘Bird by Bird,’” Allen said. “It’s everything you need to know about becoming a writer. ‘Good Writing’ is about what comes next: a second draft.”
(Christie Hemm Klok / For The Times)
MM: In your intro, Anne, you recall Neal telling you he was working on a writing book. “Well. Hmmmph,” you replied. “I had written a book on writing once …” How did professional jealousy, competitiveness, possessiveness, or, on the brighter side, tenderness, collaborative spirit and generosity play out as you wrote a writing book together?
AL: We have no competitiveness or jealousy when it comes to each other’s writing. We just want the other person to write the most beautiful work they can. We are each other’s first reader, and editor, and while of course I feel attacked if Neal suggests even the tiniest change to my deathless prose, I have come to understand that his suggested cuts and additions save me from myself. Helping each other with our work is one of the richest aspects of our life as a married couple.
NA: There’s no way around “Bird by Bird,” and I just have to deal with that. My worry was whether Annie really wanted to be associated with my little book. I’m envious of Annie’s brilliance, of course, but we speak the same writing language and we love it equally.
MM: What are each of you proudest of, “Good Writing”-wise?
AL: We just recorded the audio version, and I was surprised by how much practical help the book offers. Also, I love the tone, which is so conversational and sometimes, I hope, pretty funny.
NA: I had the opposite reaction to recording the audio version. I saw all the opportunities for readers to mock me. In the 18 months between writing a final draft and the book showing up in stores, we’ve both flipped from believing it reflects well on us to thinking it’s a disaster. Luckily, both of us haven’t ever thought it sucks at the same time.
MM: That is fortunate. Also, Neal, I’m not sure you answered my question.
NA: What am I proudest of? That the book exists. I carried around these rules for improving sentences for years. I think a lot of writers do a book because they notice it’s not out there, and why isn’t it? And then they shrug, ‘Well, I guess it’s up to me.’ That’s how I came into all three of my books.
AL: May I just add that I’m proud to introduce my seriously charming and breathtakingly wise husband to a wider audience.
Festival of Books
“Written by Hand: Lexicons, Storytelling, and Protecting Human Language in an Age of Artificial Everything” (featuring Anne Lamott and Neal Allen)