An attorney representing one of the “Cornell 7” is urging New York Attorney General Letitia James to recuse herself from the investigation, arguing that her public comments create the impression she has already taken sides against the accused students.
Andrew Miltenberg, who represents one of the Chi Phi fraternity members, told Fox News on Sunday that James’ earlier statement expressing support for the accuser and referring to what she had “been forced to endure” raised “an avoidable question about the appearance of impartiality.”
“There is nothing improper about expressing compassion for someone who reports a sexual assault,” Miltenberg said.
“But there is an important difference between supporting a person who makes an allegation and appearing to accept the factual premise of that allegation before conducting an investigation,” he added.
“The concern is whether the public can have confidence that the investigation begins without any predetermined view of the facts.”
Miltenberg said the clearest way to address those concerns would be for James to personally step aside and appoint an uncommitted prosecutor from her office to oversee the case, arguing that doing so “would strengthen” public trust in the eventual findings.
His comments came after New York Gov. Kathy Hochul named James special prosecutor in the alleged gang-rape investigation Thursday, replacing Tompkins County District Attorney Matthew Van Houten.
Here’s the latest on the ‘Cornell 7’ frat probe:
Before the appointment, James had posted on Facebook about the case, prompting critics to question whether she could investigate it objectively.
James described what Jane Doe had “been forced to endure” as “horrific and unacceptable” and wrote, “we stand with you.”
Last week, James rejected questions about whether that post had compromised her impartiality.
“I will not comment on a Facebook post,” she said during a Friday news conference, later emphasizing that the investigation would be based on “the facts and the law.”
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The seven fraternity brothers have not been criminally charged in connection with the alleged incident, which reportedly took place at a fraternity house party in October 2024.
Hochul announced James’ appointment at Friday’s news conference and criticized the way authorities initially handled the case.
“At every turn, [Jane Doe] was failed by people and institutions with an obligation to protect her,” the governor said.
Hochul also said the nationally watched case highlighted “a gap in state law.” Under the current framework, she said, prosecutors face a significantly higher burden of proof in sexual assault cases when an individual voluntarily consumes drugs or alcohol.
President Donald Trump recently called James “totally corrupt” and argued that the seven men accused of gang rape “won’t get a fair shake” under her leadership of the investigation.
Speaking to reporters as he departed the White House Friday, Trump said he felt “badly for whoever” James was prosecuting.
Van Houten initially declined to bring criminal charges, saying Jane Doe’s original signed statement to Cornell University Police did not establish a crime under New York law.
He later reopened the investigation after Doe filed a lawsuit last month that reportedly included additional information.
Cornell University has separately agreed to an independent review of its initial response to the allegations and the handling of the investigation.
The university’s disciplinary proceedings led to two expulsions and two suspensions lasting at least two semesters, Cornell President Michael Kotlikoff said.
One of the students graduated before any punishment could be imposed, while two were found not responsible for sexual misconduct, according to Cornell.
Some of the seven men named in the lawsuit acknowledged sexual contact with Jane Doe, but said it had been consensual, according to a report seen by the New York Times.
If you or someone you know is affected by any of the issues raised in this story, call the Sexual Assault Hotline at 800-656-HOPE (800-656-4673).
