Judge Weighs Removal of NY AG from Cornell Rape Probe

A New York judge is considering whether Attorney General Letitia James must step down from a criminal investigation into a gang rape at Cornell University due to her public social media posts.

Judge James R. Farrell heard arguments on Thursday in Monticello, N.Y., regarding a motion filed by one of the men accused in a civil lawsuit. The man’s legal team argues that James’s online statements, made before she officially took over the case, prove she had already formed an opinion about the victim’s credibility.

In a post dated Sept. 28, James described the allegations as “horrific and unacceptable” and referred to the accuser, identified in court documents as Jane Doe, as a “survivor.” She wrote, “I’m holding her in her heart and in my prayers. To her, and to all survivors: you’re not alone. We stand with you.”

Andrew Miltenberg, the man’s lawyer, told reporters that the state has other qualified officials, such as retired judges or district attorneys, who could handle the investigation. He asserted that James has demonstrated she is not objective and is biased.

State attorneys argued that Governor Kathy Hochul had the authority to appoint a special prosecutor and selected James for her experience with high-profile cases. Assistant Attorney General Kaitlin Vigars contended that the challenger must show actual prejudice to remove James, noting that no criminal charges have been filed yet.

Judge Farrell pressed the state’s lawyers on the propriety of a prosecutor making such statements before an investigation is complete. He asked Vigars if it was improper for a prosecutor to make those comments, receiving a hesitant response before he pressed her again. Farrell gave the man’s lawyers one week to explain why the other defendants in the civil suit did not join this specific legal effort.

The underlying civil lawsuit, filed in September, alleges that several men raped the former student at a fraternity party in 2024. She claimed the men pressured her into using ketamine, which left her too intoxicated to consent. The county district attorney had previously declined to bring criminal charges in 2024.

Hochul appointed James to the case on Oct. 1, calling for an “objective review” without conflict. James defended her social media activity during an Oct. 8 debate, stating that her comments “demonstrate empathy” and that politics stop at the door of her office. The hearing in Monticello lasted more than an hour, while a second lawsuit challenging the appointment in Ithaca awaits a hearing date.