Attorney for "Cornell 7" Defendant Demands AG Letitia James Recuse Herself
A lawyer for one of seven Cornell University students accused of sexual assault is calling for New York Attorney General Letitia James to step aside from the investigation due to concerns about impartiality.
An attorney representing one of the seven Cornell University students facing allegations of sexual assault has urged New York Attorney General Letitia James to recuse herself from the probe, citing concerns that her prior public statements may compromise the impartiality of the investigation.
Andrew Miltenberg, counsel for one of the accused Chi Phi fraternity members, stated that James' earlier declaration of solidarity with the accuser, asserting she stood with the individual over "what she had been forced to endure," creates an "avoidable question about the appearance of impartiality." Miltenberg acknowledged that expressing compassion for a victim of sexual assault is not improper, but emphasized a crucial distinction: "there is an important difference between supporting a person who makes an allegation and appearing to accept the factual premise of that allegation before conducting an investigation." He added, "The concern is whether the public can have confidence that the investigation begins without any predetermined view of the facts."
Miltenberg suggested that James' recusal and the appointment of an "uncommitted prosecutor within her office" to lead the investigation would be the "simplest way to remove that question" and would ultimately "strengthen" public trust in the findings.
His remarks came shortly after New York Governor Kathy Hochul appointed James as special prosecutor on Thursday, taking over the case from Tompkins County District Attorney Matthew Van Houten. The accusation involves an alleged incident at a fraternity house party in October 2024. None of the seven fraternity brothers have been criminally charged at this time.
Prior to her appointment, James made a statement on Facebook that critics interpreted as potentially prejudging the case. In the post, she described the accuser's alleged experience as "horrific and unacceptable" and stated, "we stand with you." During a news conference last week, James addressed questions about her objectivity, stating, "I will not comment on a Facebook post," and later asserted that the investigation would be guided by "the facts and the law."