Cornell Case Defendants Join Push to Remove Letitia James from Gang Rape Probe
Four defendants in a Cornell University lawsuit are petitioning to remove AG Letitia James from a criminal investigation over her biased social media posts.
POLICY WIRE — New York, New York — Four men named in a civil suit by a former Cornell University student have aligned with a legal effort to block New York Attorney General Letitia James from overseeing a criminal probe into gang rape allegations.
According to court documents filed on Thursday, the legal representatives for these men agreed to join a petition demanding James’ removal from the case. The legal challenge centers on social media activity from James prior to she took the case, in which she criticized the alleged assault and voiced public support for the accuser.
This legal escalation follows just one day after James tapped Jacqueline Kelly to serve as outside counsel. Kelly is a former federal prosecutor who previously handled sex crime investigations involving Sean ‘Diddy’ Combs. She will lead a dedicated team of investigators and lawyers tasked with interviewing witnesses, gathering evidence, and conducting other investigative measures while reporting directly to the Attorney General.
A judge reviewed arguments last week regarding a request by one of the accused to have James recused. The judge indicated he would not issue a final ruling until confirming if the other six defendants would support the motion, setting a Thursday deadline for the defense legal team to secure their participation in the petition.
While lawyers for one of the four newly joined men had already filed separate papers to remove James, court records indicate that two other defendants named in the litigation have not provided a response nor have legal counsel currently speaking on their behalf.
The office of the Attorney General has declined to provide a comment on the matter.
The case stems from a September lawsuit filed by a woman identified in filings as Jane Doe. She alleges that multiple men committed rape against her during a fraternity party in 2024. The plaintiff claims that the men pressured her to consume marijuana and ketamine, and that her level of intoxication left her unable to consent. Not every individual named in the suit is accused of the rape itself.
James, a Democrat, posted about the lawsuit on X and Facebook on September 28, sharing a link to a news report. In the posts, she wrote about holding the woman in her heart and prayers, telling survivors they are not alone.
On October 1, Governor Kathy Hochul appointed James as the special prosecutor overseeing the matter, stating she had lost confidence in the local district attorney, who had previously declined charges in 2024 but agreed to reopen the investigation following the student’s lawsuit.
Though initially silent on her social media activity, James addressed them during a debate on October 8, asserting that the comments reflected the empathy currently required in American politics.
State lawyers argued in court that Hochul possesses the authority to appoint special prosecutors and selected James based on her history of managing high-profile cases. In a statement released Wednesday, James expressed her confidence that Kelly would conduct a fair and thorough investigation.
Andrew Miltenberg, the attorney leading the effort to remove James, noted in a court filing that while Kelly’s appointment alters the appearance of the investigation, it does not change the ultimate authority over the case.
Reporting by Policy-Wire (PW)
