New York: Four Cornell Suit Defendants Seek Ouster of AG Letitia James

Four men identified in a civil lawsuit against a former Cornell University student have joined a legal effort to remove New York Attorney General Letitia James from the state’s criminal investigation. According to court filings released on Thursday, the four defendants agreed to be added to a petition filed by a co-defendant. The group seeks to disqualify James from leading the reopened case based on social media posts she made before officially taking over the probe.

The legal maneuver follows a decision made last week by a judge who heard arguments regarding one accused man’s request for James’ removal. The judge paused his ruling until he knew whether the six other defendants named in the lawsuit supported the effort. He set a deadline of Thursday for the plaintiff’s lawyers to secure their backing. Four of the six men agreed to join the petition. One of these men had previously filed separate papers seeking James’ removal. The remaining two defendants did not have legal representation and did not respond to the request, according to the documents.

The investigation concerns allegations that several men raped a woman at a fraternity party in 2024. The accuser, identified in court papers as Jane Doe, filed her civil lawsuit in September. She stated that some of the men pressured her into using ketamine and marijuana. She also said she consumed alcohol that left her too intoxicated to consent to the sexual acts. Not all of the men named in the lawsuit were accused of rape, but all are part of the broader legal proceeding.

Governor Kathy Hochul appointed James as special prosecutor on October 1, one day after the lawsuit became public. Hochul said she lost faith in the local district attorney, who had declined to bring charges in 2024 but promised to restart the investigation after the suit was filed. James is a Democrat who posted about the case on X and Facebook on September 28. In those posts, she linked to a news article about the lawsuit and wrote, “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.”

James addressed her social media activity during a debate on October 8. She stated that the comments demonstrated empathy and argued that the political system needs more of that trait. Her office has since declined to comment on the new court filings. On Wednesday, James issued a statement expressing confidence that Jacqueline Kelly, a former federal prosecutor, would lead a fair and comprehensive investigation. Kelly was appointed as outside counsel the day before the new filings. She will oversee evidence gathering and witness interviews for a team that reports directly to James.

Andrew Miltenberg, the lawyer for the man leading the removal effort, argued in a court filing that hiring Kelly changes the face of the investigation. He noted, however, that the appointment does not change the ultimate authority, which remains with James. The state’s lawyers previously argued that Governor Hochul has wide latitude to appoint special prosecutors. They cited James’ track record with sensitive high-profile cases as the reason for her selection.