New York Attorney General Letitia James has filed a formal response opposing efforts to remove her as special prosecutor in the Cornell University rape investigation, dismissing claims of political bias as without legal merit.
In a court filing submitted Thursday, James argued that the petition seeking her disqualification relies on claims that are not subject to judicial review. The response addresses a motion filed earlier this month by an attorney representing Gillio Lopes, one of seven men named in a civil lawsuit alleging a woman was raped at a Cornell fraternity house in 2024.
The petition contends that James has demonstrated bias and a presumption of guilt in the case. However, the attorney general maintains that the petitioner lacks legal standing to challenge her appointment and that the court should reject the motion on its merits. She further asserts that the governor possesses the constitutional authority to designate a special prosecutor for such investigations.
“Petitioner asks this Court to impermissibly void a discretionary action by the Governor,” James stated in her filing.
Governor Kathy Hochul appointed James to serve as special prosecutor on October 1, citing concerns about how Cornell University police and the local district attorney’s office had handled the woman’s allegations. The appointment came amid growing public scrutiny of the case and questions about whether local authorities had conducted an adequate investigation.
The civil lawsuit, which identifies the alleged victim as Jane Doe, claims she was raped and drugged at the fraternity house. The allegations have sparked considerable outrage, particularly regarding messages discovered in a group chat that discussed the woman on the evening she alleges the assault occurred. To date, no criminal charges have been filed against any of the accused individuals.
Attorneys for Winston Lee, another former fraternity member named in the lawsuit, have also filed a separate motion seeking to disqualify James from participating in any future grand jury proceedings. That motion remains pending before the court. A spokesperson for the attorney general’s office confirmed Thursday that no formal response to Lee’s filing has yet been submitted.
Both Lee and Lopes have denied the accusations through their legal counsel. Their respective motions cite as evidence of bias a statement posted on the New York attorney general’s official social media account on September 28, prior to James receiving her appointment as special prosecutor.
The statement read: “What this young woman has been forced to endure is horrific and unacceptable. 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.”
Defense attorneys argue that this public expression of support for the alleged victim demonstrates a predetermined conclusion about the case and represents an inability to conduct an impartial investigation.
Responding to calls for her recusal from the matter, James stated earlier this month that she remains committed to conducting a thorough and comprehensive investigation guided exclusively by the facts, evidence, and applicable law. She emphasized that the public deserves an investigation they can trust, one conducted without predetermined conclusions or political considerations.
The legal challenges to James’ appointment highlight the delicate balance prosecutors must maintain between expressing appropriate concern for alleged victims and preserving the appearance of impartiality necessary for fair proceedings. As this matter continues to unfold, the court will determine whether the attorney general’s public statements constitute disqualifying bias or fall within acceptable bounds of official commentary on matters of public concern.
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