The horrific assassination of Charlie Kirk has left our country reeling. A suspect was arrested, and the next question is whether he will be prosecuted federally or by the State of Utah. This decision must be based on the best application of the law, not political motivations.
The separation of federal and state powers has never been more important. And at a time when volatile political rhetoric and unacceptable political violence are increasing, the non-partisan integrity of the criminal justice system is essential.
The perfect example of these principles is the Tina Peters case. Peters, a Republican, was the Mesa County Clerk and responsible for the integrity of elections. In 2021, she let an unauthorized person copy data from the county’s vote-counting equipment. Passwords and files from the voting machines were posted online, and shared with political groups claiming the 2020 presidential election was stolen.
When these events were discovered, Mesa County District Attorney Dan Rubinstein, also a Republican, immediately initiated a criminal investigation. The case was complex and had statewide ramifications, so DA Rubinstein reached out to Colorado Attorney General Phil Weiser – a Democrat – for assistance.
The DA-AG team presented the case to a Mesa County Grand Jury. This fact is important because, under the law, the prosecutors could have filed charges against Peters directly in court. Instead, they chose to present the evidence to citizens of Mesa County – an overwhelmingly Republican community – to decide if there were grounds to proceed with charges. The Grand Jury indicted her, charging Peters with conspiracy, identity theft and other violations of state laws.
In 2024, the case went to trial in a state court. Although others may seek credit for the prosecution of Tina Peters, DA Rubinstein and two Assistant Attorneys General, on behalf of their offices, tried the case together. Experience matters, especially when it comes to handling serious cases. I have worked with each of these three attorneys for over 15 years and know them to be outstanding prosecutors of the highest integrity.
Despite repeated threats and protests, these exemplary public servants prosecuted the case without fear or favor. Their actions – based on the rule of law, not partisan politics – should be an example nationwide. A Republican and Democrat came together at a time when justice required it.
A Mesa County trial jury convicted Peters of felony and misdemeanor crimes. The state court judge sentenced Peters to state prison. President Donald Trump has threatened the State of Colorado with “harsh measures” if Peters is not immediately released from prison. Read that again.
When we were growing up, these were words you would hear about a faraway nation that let political cronies escape the rule of law, instead of facing the consequences the justice system deemed appropriate.
We cannot let our justice system be corrupted by political influence. The federal government cannot infringe upon the right to prosecute state-level cases, whether for a murder or the public corruption of Tina Peters.
Let me be clear – this principle is true whether we are talking about President Biden, President Donald Trump, or any other leader. The fact that a president enjoys a political alliance with a particular individual does not mean the federal government gets to subvert the justice system of a state. The ongoing efforts of the federal government to help Tina Peters are unprecedented and a threat to the rule of law and states’ rights.
In this time of hyper-politicization, the united efforts to secure justice in the Peters case should be celebrated, not attacked by the federal government for political purposes. As with the Charlie Kirk case, doing the right thing means upholding the rule of law, fighting for justice, and respecting states’ rights to enforce their laws.
Michael Dougherty is the District Attorney for the 20th Judicial District (Boulder County). He has been a prosecutor for 28 years, in New York City and Colorado.
