Cornell Fraternity Member's Lawyer Calls for Attorney General James to Recuse Herself

The attorney for one of the former Cornell University Chi Phi fraternity members named in a sex abuse lawsuit is calling for New York Attorney General Letitia James to step aside from her role as an independent prosecutor, citing her public statements that he argues demonstrate bias.

Andrew Miltenberg, attorney for the former fraternity member, stated that James made comments on X, formerly Twitter, days before her office was appointed as special prosecutor, which he believes indicate she had already taken a side in the case. Specifically, he pointed to a Sept. 28 post from James' official X account that read, "What this young woman has been forced to endure is horrific and unacceptable... To her, and to all survivors: you’re not alone. We stand with you."

Miltenberg argued that while compassion for survivors is appropriate, James' statement, made before reviewing evidence, suggests she has accepted a central premise of the allegations. He believes this compromises her ability to conduct an independent investigation.

"My issue is not political, and it is not personal," Miltenberg told Fox News. "Several days before her appointment, Letitia James made some comments on X, and those comments are such that I think it's fair to look at them and say it appears that the person making those comments [is] biased."

On Oct. 1, Gov. Kathy Hochul appointed James' office as special prosecutor for a new investigation into the case. Following the appointment, James vowed that her office would investigate "fully and fairly."

Legal analyst Mehek Cooke described James' appointment as "unprofessional" and a "violation of professional responsibility" based on her social media remarks. Cooke suggested that James should recuse herself, and that federal prosecutors should instead handle the investigation.

The lawsuit stems from an alleged gang rape that occurred overnight from Oct. 19 to Oct. 20, 2024. The accuser, identified as "Jane Doe," initially reported the incident to university police on Nov. 8, 2024. Cornell University suspended the fraternity and launched its own investigation. However, Tompkins County prosecutors declined to file charges, citing a sworn statement from Doe that they said presented a different narrative than the one detailed in the lawsuit.

Miltenberg stated that his client and Doe mutually consented to their sexual interaction. He asserts that Doe was 50% of the consent and did not appear to be under the influence of alcohol or drugs during the encounter.

The lawsuit names seven former Chi Phi members, the fraternity itself, Cornell University, Doe's sorority, and a local bar as defendants. The accuser alleges she was served drinks underage at the bar.