New York Attorney General Letitia James is being asked to personally step aside from the criminal investigation into the alleged 2024 gang rape at Cornell University’s Chi Phi fraternity house, just days after she was appointed to lead it.
Andrew Miltenberg, the attorney for one of the seven former fraternity members accused in a civil lawsuit, made the request on Sunday. His argument centers on a Facebook post James made before Governor Kathy Hochul named her special prosecutor.
In that post, James described what the woman had been forced to endure as “horrific and unacceptable,” and told her and all survivors, “we stand with you.”
Miltenberg said the post created an “avoidable question about the appearance of impartiality.” He was careful to say that showing compassion for someone who reports a sexual assault is not wrong in itself, but argued that the same concerns about independence that led to a special prosecutor being appointed should apply to the person now running the investigation.
He is not asking James’ entire office to step aside. Instead, he wants James to personally recuse herself and let a senior prosecutor in her office who has not publicly commented on the allegations lead the case.
James was asked about the post at Thursday’s press conference announcing her appointment. When a reporter asked why she had affirmed the allegations as fact before doing her own investigation, she said she would not comment on a Facebook post. She has not publicly responded to Miltenberg’s request.
Hochul appointed James’ office on Thursday, taking the case from Tompkins County District Attorney Matthew Van Houten. The governor said James would investigate and, if warranted, prosecute any offenses and present evidence to a grand jury. James said there is now an active criminal investigation. Van Houten has said he supports the appointment.
No criminal charges have been filed against any of the seven men.
The case drew national attention after the woman, identified in court papers as Jane Doe, filed a civil lawsuit on September 16, nearly two years after the alleged assault. She alleges she was drugged and sexually assaulted by seven fraternity members in October 2024. The lawsuit also names Cornell, fraternity entities, her sorority and a local bar, accusing them of failing to protect her.
James’ role has quickly become political. On Friday, Donald Trump said the accused men “won’t get a fair shake” with James leading the case, though he appeared unfamiliar with the details. James has long been one of his top targets.
Cornell has said it fully supports the appointment of a special prosecutor and has committed to an independent outside review of how it handled the case.
