Judge questions AG James role in Cornell case after social media posts

Attorney General Letitia James wrote in a social media post that she was holding a rape victim in her prayers, and a judge is now deciding if that post disqualifies her from leading the criminal probe.

James, a Democrat, published the message on Sept. 28 linking to a news article about the lawsuit. She described the alleged gang rape at Cornell University as "horrific and unacceptable" and referred to the accuser as a "survivor."

A man accused in the civil suit asked Judge James R. Farrell to remove James from the case on Thursday in Monticello. His lawyers argue the posts prove she had already decided the woman’s allegations were true before taking over the investigation.

"There are thousands of people in this state that could handle this investigation," Andrew Miltenberg, one of the man’s lawyers, told reporters outside the courthouse. He noted that retired judges, mediators, and other district attorneys’ offices were available options.

State lawyers pushed back, arguing that Gov. Kathy Hochul has broad power to appoint special prosecutors. They said Hochul selected James because of her experience with high-profile cases and that the appointment order called for an objective review without bias.

Judge Farrell did not issue a ruling immediately but pressed the state’s lawyers on the timing of James’ comments. He asked if it was proper for a prosecutor to make such statements, and Assistant Attorney General Kaitlin Vigars said there must be actual prejudice to remove her.

Vigars argued that the man challenging the appointment cannot claim harm yet because no criminal charges have been filed. Farrell asked both sides pointed questions during more than an hour of arguments, including whether his ruling should apply to all defendants in the civil suit.

Hochul appointed James on Oct. 1, taking the case from the county district attorney who had declined to bring charges in 2024. The governor said she had every confidence in James to look at the facts and draw proper conclusions.

James addressed the posts during a debate on Oct. 8 against Republican challenger Saritha Komatireddy. She said the comments demonstrated empathy and that politics stops at the door in her office.

The hearing took place in Monticello, about 72 miles northwest of Manhattan. A second legal challenge was filed in Ithaca, where Cornell is located, but no arguments are scheduled there yet. Farrell gave the man’s lawyers one week to explain why other men named in the lawsuit did not join the effort to remove James.