Alec Baldwin’s lawyer filed a motion on Tuesday to disqualify the special prosecutor in the “Rust” case, arguing she cannot simultaneously serve as a prosecutor and a state legisl…
Andrea Reeb was brought in last year by the First Judicial District Attorney in Santa Fe to assist on the “Rust” case. Reeb, a Republican, had previously served as the elected prosecutor in the state’s Ninth Judicial District.Baldwin was charged last week with involuntary manslaughter in connection with the death of “Rust” cinematographer Halyna Hutchins.
“Doing so vests two core powers of different branches — legislating and prosecuting — in the same person and is thus barred by the plain language of Article III of the New Mexico Constitution,” Baldwin’s lawyers wrote. “Were the arrangement here approved by the courts, future District Attorneys could seek to curry favor with legislators who control their budgets by appointing them to high-profile cases — distorting the legislative process,” they argued.
Baldwin’s lawyers argue that even if Reeb recuses herself from voting on that request, her fellow lawmakers might be inclined to support continuing to fund Reeb’s salary as a special prosecutor.
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