Alec Baldwin’s legal team seeks to disqualify special prosecutor serving on Rust fatal shooting case
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.
“Doing so vests two core powers of different branches – legislating and prosecuting – in the same person and is thus barred by the plain language of Article III of the New Mexico Constitution.”
The arraignment hearing is set to take place at 10am local time (5pm GMT) at the Santa Fe Magistrates Court. The PA news agency understands Baldwin’s appearance will likely be via video link.
Following the hearing, during which Baldwin will file a guilty or not guilty plea, Rust director Joel Souza and lighting director Serge Svetnoy are two of over 40 witnesses that may be called to testify at the preliminary hearing.
This will occur at a later date and decide whether there is enough evidence for Baldwin to stand trial.
Mr Souza was also injured during the incident on the set in October 2021, but no charges will be filed over the non-fatal shooting.
Halyna Hutchins. Pic: Swen Studios
In a statement of probable cause that was filed along with the charges against Baldwin, the district attorney alleged the actor had shown “wilful disregard” for the safety of others in the days leading up to the incident.
They added that he had not been present for “mandatory” firearms training, instead undergoing a 30-minute on-set session, during which he was distracted by a phone call to his family.
Donald Trump has banned people from 12 countries entering the US, in a move he said protects against “foreign terrorists” and other security threats.
Some countries are subject to a full travel ban, while others are under a partial ban – with the order allowing countries to be removed or added from the list.
The proclamation is due to come into effect just after midnight on 9 June local time.
The ban echoes one in 2017 that Mr Trump implemented in his first term in the White House. This banned citizens from seven predominantly Muslim countries – Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen – from travelling to the US.
Here is everything you need to know.
Which countries are affected?
The proclamation bans nationals from the following countries to travel to the US:
• Afghanistan
• Myanmar
• Chad
• Republic of the Congo
• Equatorial Guinea
• Eritrea
• Haiti
• Iran
• Libya
• Somalia
• Sudan
• Yemen.
The following seven countries are affected by a partial ban:
• Burundi
• Cuba
• Laos
• Sierra Leone
• Togo
• Turkmenistan
• Venezuela.
Both bans will affect foreign nationals from the designated countries who are outside the US on 9 June or do not have a valid visa.
Visas issued before 9 June when the law comes into force will remain valid, the proclamation states.
How many people come to the US from these countries?
From October 2023-September 2024 (the fiscal year), the US handed out more than 60,000 permanent visas to the 12 countries on the permanent ban list, according to data from the US Department of State.
The highest by far was to people from Afghanistan – 39,055 – with the most going to nationals who are employed by or on behalf of the US government and their immediate family members.
Under the new proclamation, Afghan nationals who hold special immigrant visas – people who worked most closely with the US government during the two-decade war there – are exempt from the ban.
The figures below do not include people who were given temporary visas.
Are there any exemptions?
Mr Trump said on Thursday that policy was a “key part of preventing major foreign terror attacks on American soil”.
His new list notably leaves out Syria, after Mr Trump met its leader recently on a trip to the Middle East.
Athletes competing in the 2026 World Cup, 2028 Olympics and other major sporting events will also be exempt.
The ban also does not apply to the following individuals:
• Diplomats travelling on valid non-immigration visas
• Immediate family members who hold immigrant visas
• People who have been adopted
• Afghan nationals holding special immigrant visas
• People who hold immigrant visas for ethnic and religious minorities facing “persecution in Iran”
• Dual nationals who have citizenship in countries not included in the travel ban
Why has the ban been introduced?
The proclamation states that America must ensure people entering don’t have “hostile attitudes toward its citizens, culture, government, institutions, or founding principles” – and don’t support terror groups.
In a video posted to social media, Mr Trump said an attack in Colorado, in which eight were injured, had shown “the extreme dangers” of “foreign nationals who are not properly vetted, as well as those who come as temporary visitors and overstay their visas”.
The suspect in the attack is from Egypt, a country that is not on Mr Trump’s restricted list, but homeland security claimed he had overstayed a tourist visa.
The list was put together after the president asked homeland security officials and the director of national intelligence to compile a report on countries whose citizens could pose a threat.
The White House said some of the named countries had a “significant terrorist presence” and accused others of poor screening for dangerous individuals and not accepting deportees.
Critics, however, suggest the move is really designed to further cultivate hostility to immigrants in general, and that the president’s claim it is driven by security concerns is a lie.
What has the reaction been?
International aid groups and refugee resettlement organisations have condemned the new travel ban.
“This policy is not about national security – it is about sowing division and vilifying communities that are seeking safety and opportunity in the United States,” said Abby Maxman, president of Oxfam America.
The inclusion of Afghanistan has also angered some supporters, who have worked to resettle its people. Over a 12-month period to September 2024 there has been an estimated 14,000 arrivals from Afghanistan.
Travel ban protesters at Washington Dulles airport in 2017. Pic: Reuters
Mr Trump suspended refugee resettlement on his first day in office.
Shawn VanDiver, president and board chairman of the organisation #AfghanEvac, labelled the proclamation a “moral disgrace”.
“To include Afghanistan – a nation whose people stood alongside American service members for 20 years – is a moral disgrace,” he said.
“It spits in the face of our allies, our veterans, and every value we claim to uphold.”
Meanwhile, the Iranian government offered no immediate reaction to being included on the list.
What happened in 2017?
Mr Trump’s first travel restrictions in 2017 were criticised by opponents and human rights groups as a “Muslim ban”.
It led to some chaotic scenes, including tourists, students and business travellers prevented from boarding planes – or being held at US airports when they landed.
Listen to The World with Richard Engel and Yalda Hakim every Wednesday
Mr Trump denied it was Islamophobic, despite calling for a ban on Muslims entering America in his first presidential campaign.
The ban faced legal challenges and was modified until the Supreme Court upheld a third version in June 2018, calling it “squarely within the scope of presidential authority”.
President Trump has signed an order banning people from 12 countries from entering the US.
He said Sunday’s attack in Colorado had shown “the extreme dangers” of “foreign nationals who are not properly vetted, as well as those who come as temporary visitors and overstay their visas”.
“We will not allow people to enter our country who wish to do us harm,” the president said.
The countries affected are: Afghanistan, Myanmar, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan and Yemen.
The White House said some had a “significant terrorist presence” and accused others of poor screening for dangerous individuals, as well as not accepting deported citizens.
People from Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela will face partial restrictions.
Mr Trump’s proclamation said America must ensure people entering don’t have “hostile attitudes toward its citizens, culture, government, institutions, or founding principles” – and don’t support terror groups.
Protests took place when Mr Trump announced his first travel ban in 2017. Pic: Reuters
The move echoes a controversial and chaotic order enacted eight years ago during his first term, when he banned people from predominately Muslim countries.
The countries initially targeted then were Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen.
President Trump said on Thursday that policy was a “key part of preventing major foreign terror attacks on American soil”.
His new list notably removes Syria after Mr Trump met the country’s leader recently on a trip to the Middle East.
Athletes competing in the 2026 World Cup and the 2028 Olympics will also be exempt, as will others such as permanent US residents and Afghans with special immigrant visas.
The list was put together after the president asked homeland security officials and the director of national intelligence to compile a report on countries whose citizens could pose a threat.
The ban takes effect from 9 June – but countries could be removed or added.
The proclamation states it will be reviewed within 90 days, and every 180 days after, to decide if it should be “continued, terminated, modified, or supplemented”.
Listen to The World with Richard Engel and Yalda Hakim every Wednesday
President Trump’s first travel restrictions in 2017 were criticised by opponents and human rights groups as a “Muslim ban”.
It led to some chaotic scenes, including tourists, students and business travellers prevented from boarding planes – or held at US airports when they landed.
Mr Trump denied it was Islamophobic despite calling for a ban on Muslims entering America in his first presidential campaign.
It faced legal challenges and was modified until the Supreme Court upheld a third version in June 2018, calling it “squarely within the scope of presidential authority”.
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