NY Judge Doubts Letitia James Can Be Fair in Cornell Case

A New York judge on Thursday expressed skepticism about the notion that Attorney General Letitia James is the right person to lead the investigation into the rape allegations at Cornell University.

Gov. Kathy Hochul appointed James after a high-profile lawsuit was filed against the school, a fraternity, and seven male students alleging that they drugged and raped her during a party.

From The Washington Post:

A New York judge on Thursday appeared skeptical that Attorney General Letitia James (D) could fairly investigate allegations of sexual assault at Cornell University but questioned whether he could remove her from the case unless all of the accused men joined the petition seeking her removal.

Judge James R. Farrell held the hearing in Sullivan County after attorneys for one of the men who had been accused in a lawsuit of raping a woman at the university in 2024 challenged Gov. Kathy Hochul’s (D) decision to name James a special prosecutor in the case.

Hochul appointed James on Oct. 1, drawing criticism from Republicans and some legal scholars who accused the attorney general of prejudging the case. They cited a post James made on X, stating, “What this young woman has been forced to endure is horrific and unacceptable.”

“I’m holding her in my heart and in my prayers,” James wrote on Sept. 28. “To her, and to all survivors: you’re not alone. We stand with you.”

On Oct. 7, attorneys Andrew T. Miltenberg and Stuart Bernstein filed a petition on behalf of one of the men accused in the case that alleged James displayed “prejudice.” The petition asked that James be removed as special prosecutor so Hochul could appoint someone else.

“Respectfully, the public has lost faith with Attorney James,” Bernstein said in court. “She has shown no presumption of innocence, she has shown she picked sides … so the question before you: Is she qualified to serve as special prosecutor in this case?”

Kaitlin Vigars, an assistant New York attorney general who is representing Hochul and James in the matter, responded that it was premature for the attorneys to argue that James has shown bias in the case.

Citing recent legal precedent, Vigars said that Hochul had firm legal grounds to appoint a special prosecutor and noted that James was only in the preliminary stages of examining the allegations. If one of the accused believes James has prejudged the case, they would have an opportunity to argue that if there is an indictment, Vigars said.

“The harm alleged must be sufficient, direct, immediate and felt in a concrete way,” Vigars told the court. “For a petitioner to experience that harm, first the result of the investigation would need to implicate him.”

Letitia James Hit With Bar Complaint Over Comments On ‘Cornell 7’ Case The National Legal and Policy Center submitted the complaint to the New York State Supreme Court’s Attorney Grievance Committee. It centers on a September 28 social media post in which James wrote, “What this young woman has been forced to endure is horrific and unacceptable,” and added, “To her, and to all survivors: you’re not alone. We stand with you.”

— Texas_4_Trump-Kenny (@TexasTrump2024) October 11, 2026

Days before Hochul appointed her as special prosecutor, James wrote a post on social media about the lawsuit. “What this young woman has been forced to endure is horrific and unacceptable. I’m holding her in my heart and in my prayers. To her, and to all survivors: you’re not alone. We stand with you,” she wrote.

Defense attorneys referenced the post, saying it shows that James already treated the allegations as fact by labeling the plaintiff a “survivor.”

Meanwhile, Hochul announced on Thursday that state police would handle sexual assault complaints at Cornell University, according to The Hill.

Typically, a sexual assault complaint would be investigated by campus police, but Hochul said she would do “everything in my power to make sure survivors are treated with the dignity and respect they deserve, and that justice and accountability are pursued.”

“That is why, at my direction, the New York State Police signed an agreement with Cornell University in which all sexual offense complaints that would normally fall under the jurisdiction of Cornell University Police will be immediately referred to State Police for criminal investigation unless otherwise requested by the individual,” the governor said. 

Cornell President Michael Kotlikoff said the agreement with state police would be in place throughout the independent review of the university’s handling of Jane Doe’s allegation.

The seven male students have denied any wrongdoing. State police are currently investigating the matter.

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