Alec Baldwin's lawyers want special prosecutor in 'Rust' case to be disqualified

Actor Alec Baldwin's lawyers have reportedly filed a motion to disqualify the special prosecutor appointed in the 'Rust' case. Baldwin has been charged with involuntary manslaughter in the death of 'Rust' cinematographer Halyna Hutchins. Baldwin's lawyers have argued that a person cannot simultaneously serve as a prosecutor and a state legislator.

Reports state Andrea Reeb was recruited by the First Judicial District Attorney in Santa Fe last year to assist with the ‘Rust’ case. Reeb, a Republican, previously served as the state’s Ninth Judicial District’s elected prosecutor. In November, she was elected to the state House of Representatives.

Baldwin’s lawyers contend in the motion filed on Tuesday that the state constitution’s separation of powers section precludes Reeb from acting as both a prosecutor and a state legislator.

“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 favour with legislators who control their budgets by appointing them to high-profile cases — distorting the legislative process,” they argued.

In a statement Tuesday afternoon, the First Judicial District Attorney’s Office called Baldwin’s motion a distraction.

“Mr. Baldwin and his attorneys can use whatever tactics they want to distract from the fact that Halyna Hutchins died because of gross negligence and a reckless disregard for safety on the ‘Rust’ film set,” said Heather Brewer, a spokesperson for the office.

“However, the district attorney and the special prosecutor will remain focused on the evidence and on trying this case so that justice is served,” she added.

(With agency inputs)