Judge to hear bid to remove Letitia James as special prosecutor in Cornell case

Mixed · 2A state judge, James R. Farrell, was due on Thursday 29 October to consider whether social media posts by New York Attorney General Letitia James should remove her as special prosecutor in the criminal probe of rape allegations at Cornell University. 1 2 Mixed · 2The case stems from a lawsuit by a former Cornell student, identified as Jane Doe, who alleges she was raped by several members of a fraternity at a party in October 2024; she says some of the men pressured her into using ketamine and marijuana and that she was too intoxicated to consent. 1 2 Left · 1Gov. Kathy Hochul signed an executive order on Oct. 1 taking the case from Tompkins County District Attorney Matthew Van Houten, who had declined to bring charges in 2024, and naming James special prosecutor. 1

Mixed · 2On Sept. 28, before her appointment, James posted on X and Facebook, linking to a news article about the lawsuit: "What this young woman has been forced to endure is horrific and unacceptable," adding "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." 1 2 Mixed · 2Andrew Miltenberg, a lawyer for one of the accused, argues the posts show James "has unequivocally demonstrated a bias and presumption of guilt against the defendants," and asks Farrell to order Hochul to appoint a special prosecutor "who is free from actual or perceived conflicts of interest or bias." 2 1 Mixed · 2A second accused man is also challenging the appointment; the Independent reports that challenge was filed in Tompkins County, and Just the News says it raises concerns she has not acted impartially. 1 2

Mixed · 2James's office told the court the challenge is "procedurally defective and substantively meritless," citing prior rulings that the governor may use her executive power as she chooses, including in appointing a special prosecutor; Assistant Attorney General Kaitlin Vigars wrote that it rests on a "mischaracterization" of James's statements from "a single social media post." 1 2 Mixed · 2James declined to comment on the posts at the news conference announcing her appointment, and Hochul said she stands by the appointment, saying: "I have every confidence in our attorney general to do what she has always done: Look at the facts, examine the record, draw the proper conclusions." 1 2 Left · 1James, a Democrat, was not expected to attend the hearing in Monticello; the Independent also notes her past high-profile cases against the NRA and President Donald Trump and the civil investigation that led to Andrew Cuomo's resignation. 1