Alec Baldwin composite

Alec Baldwin stands accused of the involuntary manslaughter of cinematographer Halyna Hutchins (top right) on the set of “Rust” (bottom right).

Actor Alec Baldwin has moved to disqualify the special prosecutor assigned to his involuntary manslaughter case, claiming that her status as a Republican lawmaker in the New Mexico House of Representatives makes her appointment flagrantly “unconstitutional.”

The crux of the motion attacks special prosecutor Andrea Reeb’s election as a state lawmaker, on the GOP ticket.

Baldwin claims that this flatly violates New Mexico’s constitution, which he claims prohibits mixing the two branches of government.

“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 writes in a motion to disqualify. “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.”

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