State expands suit against Trump administration to account for new threats

Colorado Attorney General Weiser
Matt Slocum/AP
Colorado Attorney General Phil Weiser pauses during an interview Thursday, Nov. 21, 2024.

Colorado Attorney General Phil Weiser expanded a federal lawsuit against the Trump administration on Thursday to add additional examples of what he described as a revenge campaign of punishment against a blue state for exercising independent authority over state courts and elections.

Weiser said much of the retaliation followed threats and a pressure campaign that ramped up to try to get the state to release former Mesa County Clerk Tina Peters from prison. She was sentenced to nine years in prison for her role in breaching the security of Mesa County’s election office in 2021 to search for election fraud.

“Democrats have been relentless in their targeting of TINA PETERS, a Patriot who simply wanted to make sure that our Elections were Fair and Honest,” Trump posted on social media. He also said at a later point that he hoped Colorado officials “rot in hell.”

Weiser’s original suit challenged the Trump administration’s decision to move U.S. Space Command from Colorado Springs to Huntsville, Alabama. The lawsuit said Trump used the fact that he disliked how Colorado runs elections as part of that justification, “[t]he problem I have with Colorado” is that “they do mail-in voting” said Trump. 

Weiser is now seeking a declaration from the courts to condemn the administration for a broader effort of “unlawful and harmful actions.”

“The US Constitution does not permit the president to single out states for punishment based on the exercise of those states core sovereign authority, but that's exactly what President Trump has done,” said Weiser during a press call providing details about the legal action. 

He said the amended lawsuit does not address recent federal funding freezes for five blue states including Colorado, for the Child Care and Development Fund, Temporary Assistance for Needy Families, and Social Services Block Grant. Instead he said this latest lawsuit is narrowly focused on other areas that were retaliatory due to the state’s election system and Peters.

“Space command and NCAR (National Center for Atmospheric Research), Department of Energy, Department of Transportation, and SNAP threats.”

Weiser said it’s a novel request because of an unprecedented administration that is trying to usurp state authority. 

“We have to fight back and defend ourselves. My job is to protect Colorado, which is why we're addressing both these specific issues and we're calling out and we're seeking to address the broader revenge and really truly vindictive efforts this administration is seeking to bring down in Colorado.” 

 He said he was also optimistic that the Trump administration would follow court orders.

“We’ve been seeing the courts respected. I remain concerned that this administration will not respect court orders but that has not been my experience, but we will stay on top of this.” 

White House spokesperson Abigail Jackson said Trump is doing what Americans elected him to do.

“President Trump is using his lawful and discretionary authority to ensure federal dollars are being spent in a way that align with the agenda endorsed by the American people when they resoundingly reelected the President,” Jackson said.

The 1.5-point margin in the 2024 popular vote was less than half the size of the margin Joe Biden posted over Trump four years earlier, but much larger than 2016, when Trump lost the popular vote.