Four Cornell Defendants Join Effort to Remove James From Probe
Four men identified in a lawsuit by a former Cornell University student have joined a co-defendant’s petition seeking James’s recusal from a reopened criminal investigation into the woman’s allegations. The petition argues that posts James made before her appointment, expressing support for the accuser and denouncing the alleged attack, show she should not lead the probe. Not all the men named in the lawsuit are accused of rape.
A judge considered one defendant’s request to remove James last week but postponed a decision while the lawyers sought to learn whether the other defendants would support it. One of the four men who joined had already filed court papers seeking James’ removal. Two other defendants had not responded, court filings said.
Gov. Kathy Hochul appointed James special prosecutor on October 1 after the local district attorney, who had declined to bring charges in 2024, said he would reopen the investigation after the lawsuit was filed. On November 4, James named former federal prosecutor Jacqueline Kelly as outside counsel to oversee evidence gathering, interviews and other investigative work. Kelly’s team will report to James. State lawyers argued that Hochul had broad authority to appoint a special prosecutor and selected James for her experience with sensitive cases. James’ office declined to comment on the latest court filing.
Cornell Defendants Seek to Sideline Prosecutor Over Empathy Posts
Four men identified in a lawsuit by a former Cornell student are backing a bid to have Attorney General Letitia James taken off the criminal investigation, turning her expressions of support for the accuser into a challenge to her authority. The petition points to James’ social media posts before her appointment, where she denounced the alleged attack and voiced support for survivors.
In her September lawsuit, the student alleges that a group of men sexually assaulted her during a 2024 fraternity gathering. She said some pressured her to use ketamine and marijuana and that alcohol left her too intoxicated to consent. The allegations have not themselves established guilt, and not every man named in the suit is accused of rape. The court dispute now asks whether James’ posts disqualify her from overseeing the investigation.
Hochul appointed James on October 1 after the local district attorney, who had declined charges in 2024, said he would restart the investigation after the lawsuit. James has appointed former federal prosecutor Jacqueline Kelly to lead investigative work, but Kelly will report to James. State lawyers say Hochul had broad latitude to choose a special prosecutor. A judge is weighing the removal request after giving the defendants time to say whether they would join it. The case puts a basic principle at stake: support for survivors should not, by itself, be treated as proof that an investigation is unfair.
Four Cornell Defendants Challenge James’ Role in Rape Probe
Four defendants in the Cornell case are pressing for James to step aside from the investigation, arguing that her public comments before taking the job raise a serious question about impartiality. James had posted support for the accuser and denounced the alleged attack before Gov. Kathy Hochul appointed her special prosecutor on October 1.
The lawsuit, filed in September by a former Cornell student, alleges that a group of men sexually assaulted her at a fraternity gathering in 2024. She said some pressured her to use ketamine and marijuana and that alcohol left her too intoxicated to consent. The claims remain allegations, and not all men named in the lawsuit are accused of rape. The defense challenge focuses not on a finding about guilt, but on who should oversee the reopened criminal investigation.
A judge considered the matter last week but delayed a ruling while the original petitioner sought support from the other defendants. One of the four who joined had already filed papers seeking James’ removal; two others had not responded. James has named former federal prosecutor Jacqueline Kelly as outside counsel, but Kelly’s team will report to James. State lawyers argue Hochul had broad authority to appoint her. That does not settle the defendants’ central concern: a prosecutor’s public stance before an investigation can undermine confidence in the process, even when the state defends the appointment.
Reported by The Philadelphia Inquirer, The Washington Examiner.
