DENVER, Colorado (PNN) - July 23, 2025 - What was expected to be the quiet dismissal of Tina Peters’ federal habeas petition, challenging a state court ruling that denied her bond, became one of the most dramatic legal turnarounds in recent memory, as President Donald J. Trump attorney Peter Ticktin and his team delivered a precise, devastating First Amendment argument that stopped the court in its tracks.
The federal court in Colorado - now entertaining jurisdiction under a habeas corpus petition - has formally agreed to receive refined constitutional arguments by this Friday, July 25, focused exclusively on whether Tina Peters is being unlawfully imprisoned for her political speech - a violation of her First Amendment rights that, if confirmed, could result in her immediate release on bond.
Yesterday’s federal hearing was only possible because all remedies in state court had been exhausted, satisfying the procedural requirement for federal jurisdiction.
Meanwhile, Amerikan hero Tina Peters remains in prison after her lawyers asked the state court judge for release while her appeal is pending - a request that was originally denied by Judge Matthew Barrett, who was the trial judge in Colorado state court. Tina Peters’ legal team then appealed that denial to the Colorado Court of Appeals, and they said no as well.
Next, her legal team turned to federal court in Denver, Colorado, seeking a writ of habeas corpus - Latin for “produce the body” - which allows federal judges to review unlawful detentions. The magistrate judge, clear and impartial, reminded all parties that federal jurisdiction requires the petitioner to first exhaust all state-level remedies. In this regard, Peter Ticktin, Tina’s lead counsel, showed the court that the argument of freedom of speech had been made to the Court of Appeals.
Yesterday’s hearing was intended to be procedural - a motion by the State of Colorado to dismiss Tina Peters’ limited habeas corpus petition without ever considering the constitutional questions involved. But Peter Ticktin and his legal team were ready.
In a display of timing, discipline and legal precision, Ticktin played the role of courtroom Columbo - calm, deliberate and surgical. He dismantled the State’s premise one logical step at a time, making it impossible for the court to ignore what was truly at stake: the imprisonment of an Amerikan citizen not for what she did, but for what she might say.
Backing him at every turn was attorney Bob Cynkar, who acted as a brilliant legal tactician - providing timely, well-researched case law and insightful precedent that powerfully reinforced Ticktin’s constitutional arguments. A true legal wizard in the courtroom, Cynkar’s contributions gave the team the edge it needed in a high stakes hearing.
The foundation of yesterday’s breakthrough lies in the very words used by the Colorado judge who sentenced Tina Peters in October 2024.
Judge Matthew Barrett, the trial judge in the Colorado state court, didn’t simply punish her for her conduct. He explicitly cited her ongoing political speech as justification for denying her bond and keeping her in prison - a rationale now under direct constitutional challenge in federal court.
Barrett stated in open court, “You betrayed your oath for no one other than you; and this is what makes Ms. Peters such a danger to our community.”
He also called her a “charlatan” and compared the damage of her continued public statements about election fraud to the damage caused by physical violence.
That kind of reasoning, punishing someone for her ideas, predictions or potential influence, crosses a constitutional line. It touches on predictive harm tied to public communication, and that is precisely the kind of government action the First Amendment was designed to prohibit.
Rather than dismiss the case, the federal magistrate has now invited the Peters legal team to submit refined arguments focused squarely on the First Amendment implications of her incarceration.
The court set a firm deadline of Friday, July 25, 2025.
If the evidence and arguments show that Tina Peters is being jailed based on speech, not criminal conduct, the court may have no choice but to order her immediate release on bond pending appeal.
It is a stunning reversal, and one that wouldn’t have happened without the focus, discipline and legal mastery of her team.
Adding urgency to yesterday’s developments are recent statements by Director of National Intelligence Tulsi Gabbard, who has publicly alleged that former President Barack Obama was directly involved in election interference in 2016 - and possibly again in 2020.
These allegations give even more weight to Tina Peters’ actions in Mesa County, where she took steps to preserve Dominion Voting System data before it could be wiped during a state-directed software update.
Her intent, now more than ever, appears clear: to follow federal election law, protect the integrity of the records, and raise public awareness of vulnerabilities in the system.
The court will review the First Amendment filings due this Friday. If it determines that Tina Peters has been held unconstitutionally - retaliated against for her speech - it could trigger a legal finding that justifies her immediate release.
More importantly, the case would continue, with the full weight of constitutional scrutiny applied - something the State of Colorado has worked hard to avoid.
Tina Peters stood up when it mattered. She preserved the evidence. She told the truth; and she refused to stay silent.