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And it’s his own fault.
If you want to understand how the US government works today, you should study President Donald Trump’s attempt to pardon a woman named Tina Peters last week.
Peters is a former Colorado election clerk and a die-hard believer in the false claim that the 2020 election was stolen. In 2021, Peters committed a series of crimes in an attempt to “prove” election fraud occurred — including, most seriously, allowing a fellow 2020 truther to make copies of the actual hard drives of Mesa County voting machines. A Colorado jury convicted her of seven crimes last year, and a judge sentenced her to nine years in prison.
Last Thursday, Trump intervened on Peters’s behalf, declaring he was “granting Tina a full Pardon for her attempts to expose Voter Fraud in the Rigged 2020 Presidential Election.” On its face, this is menacingly authoritarian: the president abusing his powers to protect a woman who literally compromised the integrity of America’s vote-counting on his behalf.
Yet, Trump’s order is also something else: impotent.
The Constitution explicitly states that the presidential pardon power only applies to crimes committed “against the United States,” meaning federal rather than state crimes. Peters was convicted in a Colorado court under state law, and, thus, cannot be pardoned by the president. The state’s governor, attorney general, and secretary of state have all rejected the legality of Trump’s order; Peters remains incarcerated.