Alec Baldwin asks court to DISQUALIFY special trends now Desperate Alec Baldwin asks court to DISQUALIFY special prosecutor assigned to his involuntary manslaughter case because her position as a Republican lawmaker makes appointment 'unconstitutional' By Helena Kelly For Dailymail.Com Published: 20:14 GMT, 7 February 2023 | Updated: 20:20 GMT, 7 February 2023 Viewcomments Alec Baldwin has demanded the special prosecutor assigned to his involuntary manslaughter case be disqualified due to her status as a Republican lawmaker. Baldwin, who faces up to five years in jail if convicted in the highly publicized trial, said the appointment of Andrea Reeb was 'unconstitutional' as she serves in the New Mexico House of Representatives. A motion to the court filed on behalf of the Hollywood star - a Democrat and vocal Donald Trump critic - says she 'must' be taken off the case. Baldwin accidentally shot and killed cinematographer Halyna Hutchins after being handed a gun with live ammunition on the set of his film Rust last year. Reeb, a Republican, kicked off the prosecution sensationally last month, flatly declaring that if not for Baldwin's actions 'Hutchins would be alive today.' Now Baldwin's team alleges Reeb's appointment is a violation of New Mexico's constitution which prohibits the mixing of two branches of government. Alec Baldwin and the film´s armorer face two charges of involuntary manslaughter stemming from the incident in Santa Fe, New Mexico (Santa Fe County Sheriff´s Office/PA) It adds that Reeb could face 'pressure' to make a decision that serves her 'legislative interests'. '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,' Baldwin’s attorney Luke Nikas said in the motion. '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.' He adds: 'The legal question is not a close one, she must be disqualified.' The motion added that the high public interest in the case as well as Reeb's political platform could skew her objectivity. 'A prosecutor who also serves as a legislator could face pressure to make prosecutorial decisions that serve her legislative interests, such as by prosecuting a prominent defendant associated with an opposing faction within the Legislature even in the face of conflicting evidence or law,' it says. 'And even if she does not allow her legislative interests to influence her prosecutorial choices, the perception of bias could diminish public confidence in the fairness of the criminal process.' Attorneys also say it would set an alarming precedent in the criminal courts as future District Attorneys could seek to 'curry favor' with legislators - who control their budgets - by appointing them to high-profile cases. Share or comment on this article: All rights reserved for this news site (dailymail) and under his responsibility