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Alec Baldwin is mounting creative legal challenges in the 'Rust' shooting case
Baldwin was charged under an ex-post facto law. This should be a good defense
Link to tweet
https://www.msnbc.com/deadline-white-house/deadline-legal-blog/alec-baldwin-shooting-legal-strategy-rcna70082
On the subject of pretrial litigation, Baldwin’s team has thrown another big argument out there, separate from the special prosecutor issue. It's claiming that prosecutors shouldn’t be able to use the firearm enhancement that carries a five-year penalty upon conviction because the enhancement charge was different when the alleged crime occurred in 2021. According to the defense filing, the version of the law that existed when the shooting occurred required a showing of intent to injure or intimidate someone in brandishing a firearm. However, the newer version, enacted last May, doesn't require that level of intent.
Of course, both the U.S. and the New Mexico constitutions outlaw what are called “ex post facto” punishments, or ones that make conduct illegal after the fact. Simply put, we don’t want people punished for things that weren’t illegal at the time they happened. So while knocking out that gun charge enhancement wouldn’t result in dismissing the case against Baldwin, it could take the most significant potential prison time against him off the table.
I previously noted the uphill battle prosecutors may face in trying to convict Baldwin, and that a trial, if one happens, could come down to a battle of the experts over what's required on film sets. These latest filings from Baldwin suggest prosecutors have some work to do before they get to that point, as both defense arguments risk the government losing what it no doubt sees as important tools at its disposal ahead of a trial.
Of course, both the U.S. and the New Mexico constitutions outlaw what are called “ex post facto” punishments, or ones that make conduct illegal after the fact. Simply put, we don’t want people punished for things that weren’t illegal at the time they happened. So while knocking out that gun charge enhancement wouldn’t result in dismissing the case against Baldwin, it could take the most significant potential prison time against him off the table.
I previously noted the uphill battle prosecutors may face in trying to convict Baldwin, and that a trial, if one happens, could come down to a battle of the experts over what's required on film sets. These latest filings from Baldwin suggest prosecutors have some work to do before they get to that point, as both defense arguments risk the government losing what it no doubt sees as important tools at its disposal ahead of a trial.
I am enjoying the DeadlineWhitehouse legal blog
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