Judge to Decide if Social Media Posts Bar AG From Leading Cornell Rape Probe

A state judge in New York will determine this week whether Attorney General Letitia James’ social media activity disqualifies her from leading a criminal investigation into alleged gang rape at Cornell University.

The legal challenge stems from a lawsuit filed last month by a former student, identified as Jane Doe. She alleges that multiple men raped her at a fraternity party in October 2024. Doe stated that the men pressured her to use ketamine and marijuana, and that she consumed enough alcohol to become too intoxicated to consent.

The path to this courtroom dispute began when Tompkins County District Attorney Matthew Van Houten declined to bring charges in 2024. On Oct. 1, Gov. Kathy Hochul issued an executive order to remove the case from local control. Hochul appointed James as the special prosecutor to oversee the renewed probe.

James posted a message on X and Facebook on Sept. 28, days before her appointment. In the post, she linked to a news article about the lawsuit. She wrote, “What this young woman has been forced to endure is horrific and unacceptable,” and 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.”

Within days of the appointment, lawyers for two of the accused men filed motions to remove James from the case. One of these challenges is before Judge James R. Farrell in Monticello, a town located 72 miles northwest of Manhattan. A second challenge is pending in Tompkins County.

Andrew Miltenberg, the attorney for the man whose case is being heard this week, argued that the social media post demonstrated a clear bias and a presumption of guilt against the defendants. He asked Judge Farrell to order Hochul to appoint a new special prosecutor who is free from perceived conflicts of interest.

James’ office responded in a court filing that the challenge is procedurally defective and lacks merit. Assistant Attorney General Kaitlin Vigars wrote that the petitioner relies on a single post as proof of harm. She argued that such speculative claims, based on the attorney’s own mischaracterization of the statements, are insufficient to show hardship. The office noted that courts have previously ruled that the governor has the authority to appoint a special prosecutor as she sees fit.

Hochul expressed confidence in James during a news conference announcing the appointment. “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,” Hochul said. James has handled other high-profile matters, including investigations into the National Rifle Association and President Donald Trump, whom she previously called a “con man” and a “carnival barker.” She also led the civil investigation that resulted in the resignation of former Gov. Andrew Cuomo.