Letitia James faces legal challenge over role in Cornell sexual assault investigation

A lawyer for one of the men named in a civil lawsuit argues the New York attorney general’s public comments raise questions about her impartiality.

New York Attorney General Letitia James is facing a legal challenge to her role in a criminal investigation involving alleged sexual assault at Cornell University, after a lawyer for one of the men named in a civil lawsuit argued that her public comments raise questions about her impartiality.

The challenge was heard Thursday, October 29, by Judge James R. Farrell in Monticello, New York. The judge did not issue a ruling, but questioned whether James’ social media remarks were appropriate for a prosecutor and gave the defence a week to address why the other men named in the lawsuit had not joined the application.

The dispute centres on a September 28 post in which James expressed support for the woman who filed the lawsuit, writing that the allegations were “horrific and unacceptable” and offering support to her and other survivors.

Lawyers for the man seeking James’ removal say the comments suggest she had already accepted the woman’s account before taking charge of the investigation. His attorney, Andrew Miltenberg, argued that another prosecutor should be appointed instead.

The state has pushed back against the challenge. Assistant Attorney General Kaitlin Vigars argued that the petitioner must demonstrate actual prejudice to justify removing James, particularly since no criminal charges have been filed. The state also maintains that Governor Kathy Hochul had the authority to appoint the attorney general as special prosecutor.

Hochul appointed James on October 1, transferring the investigation from Tompkins County District Attorney Matthew Van Houten, whose office had declined to bring charges in 2024. The governor said the case required an objective review.

The underlying allegations stem from a 2024 fraternity party. The former Cornell student, identified in court documents as Jane Doe, filed a civil lawsuit alleging that several men raped her after she was pressured to take ketamine and became too intoxicated to consent.

James later defended her social media comments during an October 8 debate, describing them as expressions of empathy. She maintained that the investigation would be based on evidence and law, not politics.

The Associated Press, in a report by Michael R. Sisak, noted that a separate legal challenge to James’ appointment had also been filed in Ithaca. No hearing had been scheduled in that case at the time of the report.

The latest challenge leaves James’ appointment under judicial scrutiny, but the court has yet to decide whether she can continue overseeing the investigation.