Four Cornell defendants join push to remove Letitia James from investigation

Four men accused of being involved in an alleged gang rape at Cornell University have joined a legal effort to remove New York Attorney General Letitia James from the investigation into the incident.Gov. Kathy Hochul (D-NY) tapped James to serve as special prosecutor in the Cornell gang rape case in early October, saying James would “investigate this incident and, if warranted, prosecute any offenses arising from that investigation and present evidence to a grand jury.” However, the appointment has received flak, as comments James made about the case before she was tapped to lead the investigation have drawn accusations of bias from lawyers of the seven men accused.One defendant in the gang rape case initially filed a petition to oust James from the position as special prosecutor in October, with the four additional defendants joining the petition this week. The petition stems from a social media post James made on Sept. 28, a few days before Hochul appointed her special prosecutor. James had shared an article on X about the case and the “Jane Doe” in the lawsuit, writing in her own caption, “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.” Andrew Miltenberg, attorney for one of the defendants in the case who filed the petition, said in a statement to the Washington Examiner in October that James’s post “could reasonably be understood as accepting that the alleged conduct occurred” before reviewing the full evidence in the case.The unnamed “Jane Doe” filed a lawsuit in New York on Sept. 16, alleging that seven men in the Chi Phi fraternity at Cornell University drugged and gang-raped her in October 2024. The case was initially reopened by Matthew Van Houten, the district attorney for Tompkins County, New York, but Hochul swapped Van Houten out for James, questioning his “ability to effectively investigate and prosecute the case at this time” after he initially chose not to prosecute the case.James appointed prosecutor Jacqueline Kelly, who worked in the U.S. Attorney’s Office for the Southern District of New York, to serve as outside counsel in the attorney general’s criminal investigation into the incident on Wednesday.“Jacqueline Kelly is a seasoned prosecutor who has overseen numerous cases from investigation through trial. With her criminal legal expertise, commitment to public service, and judicial experience, I am confident that she will lead a fair and comprehensive investigation,” James said.JANE DOE LAWYER RIPS TRUMP’S ‘FAIR SHAKE’ REMARK IN CORNELL RAPE CASE: ‘JUST WRONG’Miltenberg said Kelly’s appointment “changes the face of the investigation,” but does not make any change “in ultimate authority.”President Donald Trump denounced Hochul’s decision to appoint James in October, calling her a “corrupt person.” Trump himself has publicly condemned James since she investigated his own business dealings as the state’s attorney general.