MONTICELLO, N.Y. (AP) — Should posts on social media by New York’s attorney general disqualify her from leading a criminal investigation into gang rape allegations at Cornell University?
That's the question a state judge was weighing on Thursday after hearing arguments from one accused man seeking to remove Attorney General Letitia James from the criminal investigation.
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The man’s lawyers say James’ posts, made before she took over the case, show she had already judged the matter and believed the woman’s allegations were true. James had described the woman’s alleged ordeal as “horrific and unacceptable” and referred to her as a “survivor.”
The state’s lawyers contend that James, a Democrat, is the best person for the job because of her track record handling sensitive cases in the national spotlight. The state also says the governor has wide latitude to use her executive power for things like appointing a special prosecutor.
The former Cornell student, identified in court papers as Jane Doe, filed a lawsuit in September alleging that several men raped her at a fraternity party in October 2024. She said some of the men pressured her into using ketamine and marijuana and that she drank alcohol that left her too intoxicated to consent.
During Thursday’s hearing, Judge James R. Farrell pressed state lawyers about the governor's decision, in light of what James wrote on social media.
“Is that a problem?” Farrell asked.
Assistant Attorney General Kaitlin Vigars said “there has to be actual prejudice” in order to warrant James’ disqualification from conducting the investigation.
“You would agree with me,” the judge said, “that it’s not proper for a prosecutor to make those statements?”
When Vigars did not directly answer, he pressed again: “You wouldn’t agree with me?”
The judge did not issue a ruling, giving the accused man’s lawyers until Nov. 5 to address why the six other men named in the woman’s lawsuit had not joined the challenge against James.
James wrote about the case on X and Facebook on Sept. 28, linking to a news article about the lawsuit. “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.”
On Oct. 1, Gov. Kathy Hochul signed an executive order taking the case away from the county district attorney, who declined to bring charges in 2024, and naming James as special prosecutor.
Within days, lawyers for two of the men named as defendants in Jane Doe‘s lawsuit filed challenges to James' appointment. One was heard by Farrell on Thursday, and the other in the county where Cornell is located. James did not attend Thursday's hearing in Monticello, about 72 miles (116 kilometers) northwest of Manhattan.
The judge appeared skeptical of the challenge, asking why the other six defendants hadn’t joined, and questioned whether he had the authority to kick James off their cases as well.
“Maybe they don’t know about it. Is that possible?” Farrell asked.
“Respectfully, your honor, anything is possible,” said Stuart Bernstein, a lawyer for the man fighting James’ appointment.
Before the hearing, the man's other lawyer, Andrew Miltenberg, told reporters that there are “thousands of people in this state — retired judges, mediators, retired law enforcement, other district attorneys’ offices — that could handle this investigation.”
Vigars, representing James and Hochul, said Thursday that the man can’t claim he’s been harmed by the appointment because there are no criminal charges — and might never be.
Both sides can appeal the judge's ruling.
At a news conference to announce her appointment, James declined to comment when asked about the social media posts. But Hochul said she had no qualms about naming her as special prosecutor.
“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.
James has been involved in a number of high-profile cases, most notably against the National Rifle Association and President Donald Trump. She labeled the president a “con man” and “carnival barker” and pledged to shine a “bright light into every dark corner of his real estate dealings.” She also led a civil investigation that resulted in Gov. Andrew Cuomo’s resignation over sexual harassment allegations, although he denied the findings in her report.
