Alec Baldwin wants 'Rust' prosecutor dismissed as she's a Republican lawmaker: 'Unconstitutional' [View all]

[gldstwmn]

Alec Baldwin wants the special prosecutor in his involuntary manslaughter case removed. In Tuesday's new filing, the actor claims Andrea Reeb's status as a Republican lawmaker in the New Mexico House of Representatives is "unconstitutional" — and one legal expert says he has a point. Baldwin was formally charged last week in the fatal shooting of Rust cinematographer, Halyna Hutchins.

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According to the filing obtained by Yahoo Entertainment, Baldwin — who is known for his liberal views — avoided claiming politics are at play behind the decision to file criminal charges. The motion to disqualify, filed by his attorney Luke Nikas, lays out a constitutional argument.

"Under Section 1 of Article III of the New Mexico Constitution, however, a sitting member of the Legislature may not 'exercise any powers properly belonging' to either the executive or judicial branch," the document reads. "As a special prosecutor, Representative Reeb is vested by statute with 'all the powers and duties' of a District Attorney, who is considered to be a member of either the judicial or executive branch of the New Mexico government... Representative Reeb is therefore exercising either the executive power or the judicial power, and her continued service as a special prosecutor is unconstitutional."

Reeb, who was appointed by the District Attorney to the case, previously said Baldwin, Rust armorer Hannah Gutierrez-Reed and first assistant director, David Halls are responsible for Hutchins's death.

https://www.yahoo.com/entertainment/alec-baldwin-rust-prosecutor-dismissed-republican-lawmaker-220403964.html