Judge to decide if AG's social posts bias Cornell rape probe

A state judge in upstate New York will rule Thursday on whether Attorney General Letitia James' social media activity disqualifies her from leading the criminal investigation into a gang rape at Cornell University. The hearing, scheduled for Oct. 29, will determine if the governor's choice of special prosecutor was flawed.

The motion was filed by Andrew Miltenberg, a lawyer for one of the men named in the lawsuit. Miltenberg argues that James' posts from Sept. 28 demonstrate a presumption of guilt against the defendants. He asked Judge James R. Farrell to order Gov. Kathy Hochul to appoint a new special prosecutor who is free from perceived conflicts of interest. The court is located in Monticello, roughly 72 miles northwest of Manhattan.

The underlying case involves a former Cornell student, identified in filings as Jane Doe, who filed a lawsuit last month. She alleges that several men raped her at a fraternity party in Oct. 2024. The complaint states that the men pressured her into using ketamine and marijuana and that she drank alcohol until she was too intoxicated to consent.

Tompkins County District Attorney Matthew Van Houten declined to bring charges in 2024. On Oct. 1, Hochul signed an executive order removing the case from the local office and appointing James as special prosecutor. Within days of that order, lawyers for two of the accused men filed challenges to her appointment. One challenge is being heard by Farrell, while the other is pending in Tompkins County.

James' office contends the challenge is procedurally defective and substantively meritless. Assistant Attorney General Kaitlin Vigars wrote that the petitioner relies on a single social media post as proof of harm. Vigars described the claims as speculative and noted that courts have previously ruled governors have broad executive power to appoint special prosecutors as they see fit.

In her Sept. 28 post on X and Facebook, James linked to a news article about the lawsuit. She wrote, "What this young woman has been forced to endure is horrific and unacceptable." She added, "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."

Hochul expressed confidence in her appointment choice at a news conference. She said she had no qualms about naming James and stated, "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." James declined to comment on the social media posts when asked at that event. She has previously led high-profile investigations against the National Rifle Association, President Donald Trump, and former Gov. Andrew Cuomo.