Lawyer for accused Cornell student asks Attorney General James to recuse
In short
An attorney for one of seven former Cornell University fraternity members accused of sexually assaulting a classmate is calling on New York Attorney General Letitia James to step aside as special prosecutor, saying her earlier social media support for the accuser raises questions about impartiality. Gov. Kathy Hochul appointed James's office to lead the investigation, replacing the Tompkins County district attorney. The men deny wrongdoing and no criminal charges have been filed.
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An attorney for one of seven former Cornell University fraternity members accused of sexually assaulting a classmate has called on New York Attorney General Letitia James to step aside as special prosecutor in the case. Andrew Miltenberg, who represents Gillio Lopes, said James should recuse herself because of social media posts she made before her office took over the investigation. [ 2 , 3 , 4 ]
Miltenberg cited James's earlier comments describing what the accuser, identified in court papers as Jane Doe, was “forced to endure” as “horrific and unacceptable,” saying she was holding the woman “in my heart and in my prayers,” and telling her and “all survivors,” “We stand with you.” He said the concern was not political or personal but about “confidence in the integrity and independence of this investigation,” and that the words could be understood as expressing a view about what occurred before she became responsible for evaluating the evidence. [ 2 , 4 ]
At a news conference, James declined to comment on her Facebook post, saying, “I will not comment on a Facebook post.” Gov. Kathy Hochul, who appointed James's office as special prosecutor, said James “will follow the facts,” will “examine the evidence and go wherever it leads,” and would pursue charges if the evidence supports them. Hochul added that she had full confidence in James. [ 2 , 4 ]
The documents differ on when the appointment was made: Fox News reported it came Thursday, while the New York Post said Hochul appointed James on Friday. James's office replaced Tompkins County District Attorney Matthew Van Houten in the investigation. [ 1 , 2 ]
The underlying allegations date to October 2024, when, according to court papers, the woman says seven former fraternity members drugged and sexually assaulted her at Cornell's Chi Phi fraternity house. The men have denied wrongdoing, with some maintaining the sexual activity was consensual and others denying they participated. No criminal charges have been filed against the seven men. [ 2 ]
The New York Post reported that James faced criticism from Republican officials and from President Trump, who predicted the accused would not get a “fair shake.” Rensselaer County Executive Steven McLaughlin, who was acquitted after James indicted him in 2021, said the men should “expect the worst,” while City Council Minority Leader David Carr said James “appears to have already drawn her own conclusions about this incident.” [ 1 ]
Why it matters
The dispute tests how a high-profile sexual assault investigation is handled after the state's top lawyer takes over from a local prosecutor, and it puts the impartiality of the attorney general's office at the center of a politically charged case. Critics quoted by the New York Post tie the appointment to broader accusations of political bias against James, a claim her office has not addressed publicly in these documents. The outcome could shape whether the case proceeds to criminal charges.
Key facts
- Gov. Kathy Hochul appointed Attorney General Letitia James's office as special prosecutor in the Cornell sexual assault investigation, replacing Tompkins County District Attorney Matthew Van Houten. [ 2 ]
- A woman identified in court papers as Jane Doe alleges seven former fraternity members drugged and sexually assaulted her at Cornell's Chi Phi fraternity house in October 2024. [ 2 ]
- Attorney Andrew Miltenberg, representing one of the accused, Gillio Lopes, called on James to recuse herself. [ 3 , 4 ]
- James previously posted that what the accuser was “forced to endure” was “horrific and unacceptable” and told her and “all survivors,” “We stand with you.” [ 2 , 4 ]
- The seven men have denied wrongdoing, with some saying the sexual activity was consensual and others denying they participated. [ 2 ]
- No criminal charges have been filed against the seven men. [ 2 ]
- James said at a news conference she would not comment on a Facebook post. Hochul said she had full confidence that James “will follow the facts.” [ 2 , 4 ]
Confirmed by several sources
- Hochul appointed James's office as special prosecutor in the case, taking over from the Tompkins County district attorney. [ 1 , 2 , 4 ]
- An attorney for one of the accused men publicly called on James to step aside or recuse herself. [ 2 , 3 , 4 ]
- James had publicly posted supportive comments about the accuser before her office was appointed to lead the investigation. [ 1 , 2 , 4 ]
Still unclear
- The day Hochul appointed James as special prosecutor. Fox News says the appointment came Thursday, while the New York Post says Hochul appointed her Friday; the documents do not resolve the discrepancy.
- Whether the investigation will produce criminal charges. Only one document states that no criminal charges have been filed to date; the documents give no indication of what the outcome will be.
- Whether James will recuse herself. The call for recusal is reported, but no document says James has responded to it; she declined to comment on her social media post.
What local media are saying
Timeline, local time
- New York Post reports critics saying Attorney General Letitia James is too biased to investigate the case fairly. [ 1 ]
- Fox News reports attorney Andrew Miltenberg's call for James to step aside and cites James's earlier public comments about the accuser. [ 2 ]
- New York Post reports that a lawyer for one of the accused has called on James to step down. [ 3 ]
- CBS News reports Miltenberg's recusal demand and Hochul's statement of confidence in James. [ 4 ]