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LetMyPeopleVote

(153,746 posts)
Mon Feb 13, 2023, 05:56 PM Feb 2023

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



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.

I am enjoying the DeadlineWhitehouse legal blog
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Alec Baldwin is mounting creative legal challenges in the 'Rust' shooting case (Original Post) LetMyPeopleVote Feb 2023 OP
Good to hear. live love laugh Feb 2023 #1
Good to hear? He killed a person. I'm sorry but he should not get away with that. jimfields33 Feb 2023 #2
Yes it is good that he's mounting a defense in view of the live love laugh Feb 2023 #3
True--he made fun of their idol--Donald Trump. Kingofalldems Feb 2023 #7
Yeah, if we quit making movies about shooting people, 1WorldHope Feb 2023 #4
And Kyle Rittenhouse was innocent? Kingofalldems Feb 2023 #6
✔️ live love laugh Feb 2023 #8
Good. Lunabell Feb 2023 #5

jimfields33

(18,420 posts)
2. Good to hear? He killed a person. I'm sorry but he should not get away with that.
Mon Feb 13, 2023, 06:30 PM
Feb 2023

At best he should get jail time for negligence.

live love laugh

(14,111 posts)
3. Yes it is good that he's mounting a defense in view of the
Mon Feb 13, 2023, 06:48 PM
Feb 2023

many questionable circumstances that led up to the event.

Despite a clear lack of intent on his part, too many of his political enemies are rooting for the worst outcomes for him.

I’m hoping justice prevails.

Lunabell

(6,740 posts)
5. Good.
Mon Feb 13, 2023, 07:48 PM
Feb 2023

It was a damned accident. Face it right-wingers. He's not guilty of any crime. I don't know the specifics, but who loaded the gun with a live round and why? Did they know? Were they responsible? Were they incompetent to do this job of preparing a blank-filled gun for the actors? How could Baldwin possibly be responsible?

Republican witch hunt.

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