John Nolte at Breitbart News reports that attorneys for actor/activist Alec Baldwin filed a motion to remove special prosecutor Andrea Reeb, a Republican, from his involuntary manslaughter case because her role in the judicial (as a special prosecutor) and legislative (a newly-elected lawmaker) branch is “unconstitutional.”

From Yahoo News:

“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,” the document reads. “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… Representative Reeb is therefore exercising either the executive power or the judicial power, and her continued service as a special prosecutor is unconstitutional.”

“Mr. Baldwin and his attorneys can use whatever tactics they want to distract from the fact that Halyna Hutchins died because of more than mere negligence on the Rust film set,” a spokesperson for Heather Brewer, the New Mexico First Judicial District Attorney, told Yahoo News. “However, the district attorney and the special prosecutor will remain focused on the evidence and on trying this case so that justice is served.”

Baldwin accidentally shot and killed Hutchins in late 2021 while filming the low-budget Western Rust. The prosecutor believes Baldwin’s negligence in handling what he knew was a working firearm was criminal.

“It’s difficult to discern what Baldwin’s play is here,” writes Nolte. “I can see trying to taint the judge as a ‘Republican,’ but the prosecutor? Is the idea to signal to a potential jury that this is all political?”