Cornell Probe: AG James Faces Bias Challenge
A judge will decide Thursday if social media posts from New York's top law enforcement official require her removal from a criminal investigation.
By Harper Foster ·
Two legal challenges now seek to remove New York Attorney General Letitia James from a criminal probe into a gang rape at Cornell University. The core argument rests on a series of social media messages she posted days before assuming the role.
The underlying case began in October 2024 at a fraternity party. A former student, identified in court documents as Jane Doe, filed a lawsuit last month. She alleges several men raped her after pressuring her to use ketamine and marijuana. She stated that alcohol consumption left her too intoxicated to consent.
Tompkins County District Attorney Matthew Van Houten declined to bring criminal charges in 2024. On Oct. 1, Gov. Kathy Hochul intervened. She signed an executive order stripping the local office of the case and appointing James as special prosecutor. The move shifted jurisdiction from the local level to the state level.
Lawyers for two of the accused men filed motions to block James from leading the investigation. Judge James R. Farrell in Monticello will hear the first challenge on Thursday. A separate petition is pending in Tompkins County. James is not expected to attend the hearing in person.
Andrew Miltenberg, counsel for one defendant, argued that James’ online activity proved bias. He cited her Sept. 28 posts on X and Facebook. In those messages, James called the ordeal "horrific and unacceptable" and stated she was holding the accuser in her prayers. Miltenberg asked the court to order Hochul to appoint a neutral special prosecutor.
The attorney general’s office rejected the motion in a court filing. Assistant Attorney General Kaitlin Vigars labeled the challenge procedurally defective. Vigars argued that the governor possesses broad executive power to appoint special prosecutors. She dismissed the claim of harm as speculative and based on a mischaracterization of James’ statements.
Gov. Hochul defended her choice during a news conference. She expressed confidence that James would examine the record and draw proper conclusions. James herself declined to comment on the posts during that announcement. The appointment adds to a list of high-profile actions by James, including investigations into the National Rifle Association and President Donald Trump.
