Former Mesa County Clerk Tina Peters isn’t giving up in her attempt to get the federal courts to block her upcoming trial on state criminal charges.
Peters’ Virginia-based attorney, Robert Cynkar, filed a notice of appeal to the 10th Circuit Court of Appeals in Denver on Wednesday to get it to reverse a ruling earlier this week from U.S. District Judge Nina Wang that removed Mesa County District Attorney Dan Rubinstein as a defendant in a whistleblower lawsuit she filed in federal court last fall.
That suit, which also names Colorado Secretary of State Jena Griswold and U.S. Attorney General Merrick Garland, contends that state and federal authorities should not have investigated her nor filed charges based on her free speech rights under the First Amendment, and immunity rights under the Fourteenth Amendment because of her attempts to show election fraud.
Peters contends that her actions in making copies of election computer hard drives was part of an effort to show problems during the 2020 presidential and 2021 municipal elections, essentially saying she was acting as a whistleblower.
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