Cornell rape defendants challenge AG Letitia James over social media posts

Attorney General Letitia James faces a legal challenge on Thursday that could remove her from a criminal investigation into gang rape allegations at Cornell University. A former student’s lawyer argues that James’ social media activity proves bias against the accused men. The hearing is scheduled for Thursday in Monticello, New York.

Jane Doe, a former Cornell student, filed a lawsuit last month. She alleges several men raped her at a fraternity party in October 2024. The complaint states the men pressured her into using ketamine and marijuana. It also claims she consumed alcohol that left her too intoxicated to consent.

On September 28, James posted to X and Facebook to support the accuser. She wrote, “What this young woman has been forced to endure is horrific and unacceptable.” She added, “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.” These posts appeared days before her official appointment to the case.

Gov. Kathy Hochul signed an executive order on October 1. The order transferred the case from Tompkins County District Attorney Matthew Van Houten. Van Houten had declined to bring charges in 2024. Hochul named James as the special prosecutor. Lawyers for two of the defendants filed challenges to this appointment within days.

Andrew Miltenberg, the lawyer for the man in the current case, told Judge James R. Farrell that James’ posts demonstrated a presumption of guilt. Miltenberg requested that the judge order Hochul to appoint a new special prosecutor free from perceived conflicts. James, a Democrat, is not expected to attend the hearing in Monticello, which is located 72 miles northwest of Manhattan.

James’ office rejected the challenge in a court filing. Assistant Attorney General Kaitlin Vigars wrote that the claim is procedurally defective and substantively meritless. Vigars argued that courts have ruled governors may exercise executive power as they choose. She stated that relying on a single social media post to prove bias is insufficient to establish hardship.

Hochul expressed confidence in James during a news conference announcing the appointment. Hochul said, “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.” James declined to comment on her social media posts during that same event.

James has handled several high-profile cases previously. She led civil investigations against the National Rifle Association and President Donald Trump. She also investigated sexual harassment allegations that led to Gov. Andrew Cuomo’s resignation. A second legal challenge to James’ appointment is pending in Tompkins County, where Cornell is located.