In a motion filed on Tuesday, Baldwin’s lawyers argued that Andrea Reeb’s position as a prosecutor and New Mexico state politician could affect her decision-making within court.
Alec Baldwin’s lawyers have filed to disqualify the special prosecutor on the Rust case due to, what they call, her “unconstitutional” role as a politician.
Baldwin, 64, is due to make his first appearance in a US court on 24 February over the death of Halyna Hutchins.
He will face two counts of involuntary manslaughter alongside the film’s armourer, Hannah Gutierrez Reed.
Last year, Andrea Reeb was brought in to assist on the case, and in November she was elected to the New Mexico House of Representatives.
In a motion filed on Tuesday, Baldwin‘s lawyers argue that the state’s constitution prohibits Ms Reeb from serving as both a prosecutor and as a state lawmaker.
They say that her position as someone who decides on legislation could influence her decisions as a prosecutor, calling her continued position as a special prosecutor “unconstitutional”.
The motion reads: “Representative Reeb is not constitutionally permitted to serve simultaneously as a legislator and a special prosecutor.
