Judge Questions Attorney General's Objectivity in Cornell Rape Probe

A New York state judge is deciding whether Attorney General Letitia James' pre-existing social media support for a rape accuser disqualifies her from leading the criminal investigation into the case.

The issue centers on a post James published on Sept. 28 regarding the civil lawsuit filed by a former Cornell University student. In that post, James linked to a news article and wrote, "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 had also described the allegations as "horrific and unacceptable" and referred to the woman as a "survivor." The accuser, identified in court papers as Jane Doe, alleges in a lawsuit filed in September that several men raped her at a fraternity party in 2024. She stated that some of the men pressured her into using ketamine, which left her too intoxicated to consent.

Gov. Kathy Hochul appointed James to the case on Oct. 1. This move removed the investigation from the county district attorney, who had declined to bring charges in 2024. Hochul's order called for an "objective review" without conflict or bias. "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," Hochul said on Oct. 2. James did not attend the hearing on Thursday. She has stated that her investigation will be "guided only by the facts, the evidence, and the law."

Arguments took place in Monticello, New York, before Judge James R. Farrell. The man challenging the appointment is represented by lawyer Andrew Miltenberg. Miltenberg argued that James had already made up her mind before taking over the case. "There are 'thousands of people in this state, retired judges, mediators, retired law enforcement, other district attorneys' offices, that could handle this investigation,'" Miltenberg told reporters. Another lawyer for the defendant, Stuart Bernstein, stated that James "has shown she is not objective. She has shown that she is biased."

State lawyers, including Assistant Attorney General Kaitlin Vigars, argued for a quick dismissal of the challenge. They contended that Hochul has wide latitude in appointing special prosecutors and that James was chosen for her track record in high-profile cases. Vigars stated that "there has to be actual prejudice" to disqualify James, noting that the challenger cannot argue he has been harmed because no criminal charges have been filed.

Judge Farrell pressed the state attorneys on whether it is proper for a prosecutor to make such statements. He asked, "You would agree with me, that it's not proper for a prosecutor to make those statements?" When Vigars did not directly answer, Farrell asked, "You wouldn't agree with me?" Farrell also inquired about Hochul's decision to appoint James despite her prior comments. The judge gave the defense a week to explain why the other men named in the lawsuit had not joined the effort to remove James. The case is currently pending in Albany, while a separate filing in Ithaca awaits a hearing.

James addressed her social media activity during an Oct. 8 debate against Republican challenger Saritha Komatireddy. "Those comments demonstrate empathy, and what we need now more than ever in our body politic is more empathy," James said. She added that politics "stops at the door in my office." The judge has not issued a ruling.