New York Attorney General Letitia James is facing calls to step aside from the investigation into an alleged sexual assault at Cornell University. Attorney Andrew Miltenberg, who represents one of seven former fraternity members accused in a civil lawsuit, argued James' earlier public statements created an "avoidable question about the appearance of impartiality."
Governor Kathy Hochul appointed the attorney general's office as special prosecutor on Oct. 2, 2026, replacing Tompkins County District Attorney Matthew Van Houten in the criminal investigation.
Miltenberg's objection centers on comments James made before her office took over the case. She publicly described what the woman, identified in court papers as Jane Doe, had "been forced to endure" as "horrific and unacceptable." James also told Jane Doe and "all survivors" that "we stand with you" in a Facebook post.
"The concern is whether the public can have confidence that the investigation begins without any predetermined view of the facts," Miltenberg said. He maintained his concerns were not political and did not diminish the seriousness of the allegations.
When questioned about her objectivity at a news conference Friday, James declined to address the issue. "I will not comment on a Facebook post," she said. James has stated that the investigation will be guided by "the facts and the law."
Criminal defense attorney Donna Rotunno also questioned James' role during an appearance on Fox News. Rotunno said the reopened investigation "should be fair. It should be impartial. And it should not be from someone who's already made a public statement on Facebook about it."
The alleged sexual assault occurred in Oct. 2024 at Cornell's Chi Phi fraternity house. Jane Doe alleges seven former fraternity members drugged and sexually assaulted her. No criminal charges have been filed against the seven men.
The accused men have denied wrongdoing. Some maintain the sexual activity was consensual, while others deny they participated in the events described.
