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Alec Baldwin Asks Court To Disqualify Special Prosecutor Because She Is A Republican Lawmaker

Hollywood star Alec Baldwin is making a desperate move ahead of his trial for involuntary manslaughter that may see him locked up for five years if he is found guilty on all counts.

He filed a motion to disqualify the special prosecutor assigned to his case because she is a Republican lawmaker in the New Mexico House of Representatives. He claims her appointment is “unconstitutional.” Baldwin’s attorney Luke Nikas wrote in the motion to disqualify:

“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.

“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.

“The legal question is not a close one.

“She must be disqualified.

“Her potential influence on her colleagues in the Legislature could thwart any efforts to legislatively foreclose a prosecution that has been widely criticized as unjust and unprecedented.

“Even if she recuses from votes on her own compensation, her clout with her colleagues on other matters could (wittingly or not) encourage them to maintain funding for her position.

“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.

“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.

“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,” the motion says.

Santa Fe District Attorney Mary Carmack-Altwies is an elected Democrat.

 

 

 

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