Four Cornell Lawsuit Defendants Join Bid to Remove Attorney General from Probe

Four men named in a civil lawsuit filed by a former Cornell University student have joined a legal effort to displace New York Attorney General Letitia James from the lead role in a reopened criminal investigation. According to court filings released on Thursday, the men are aligning with a co-defendant’s petition to block James from overseeing the case regarding allegations of gang rape.

The legal team representing the co-defendant stated that the four men agreed to be added to the petition because James made social media posts prior to her official involvement in the matter. In those posts, she condemned the alleged assault and expressed support for the accuser. The defendants argue that these public statements create a conflict of interest.

This development follows a significant staffing change in the investigation. On Wednesday, James appointed Jacqueline Kelly, a former federal prosecutor who previously handled sex crimes cases involving Sean Combs, as outside counsel. Kelly and her team of lawyers and investigators will manage evidence gathering and witness interviews. They will report directly to James, maintaining her ultimate authority over the case.

A judge had heard arguments last week regarding one accused man’s request to remove James. At that time, the judge indicated he would not rule until he knew whether the other six lawsuit defendants supported the effort. He set a deadline of Thursday for the man’s lawyers to secure the backing of the other defendants. Four men agreed to join, while two others did not provide a response as their lawyers could not speak for them.

The case stems from a lawsuit filed in September by a former Cornell student, identified in court papers as Jane Doe. She alleged that several men raped her at a fraternity party in 2024. The woman claimed that some of the men pressured her into using ketamine and marijuana and that she had consumed alcohol that left her too intoxicated to consent. Not all men named in the suit were accused of rape.

James, a Democrat, posted about the case on X and Facebook on September 28. In the posts, she linked to a news article about the lawsuit and wrote, “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.”

Governor Kathy Hochul appointed James as special prosecutor on October 1. The governor stated she had lost faith in the local district attorney, who had declined to bring charges in 2024 but had promised to restart the investigation following the civil lawsuit. James initially declined to comment on her social media activity but addressed it during an October 8 debate, saying the comments demonstrated empathy.

State lawyers argued in court that the governor has broad discretion in appointing special prosecutors. They noted that Hochul selected James because of her track record in handling sensitive cases that receive national attention. James’s office declined to comment on the new petition.

In a statement issued on Wednesday, James expressed confidence that Kelly will lead a fair and comprehensive investigation. Andrew Miltenberg, the lawyer for the man spearheading the removal effort, filed court papers arguing that while Kelly’s appointment changes the face of the investigation, it does not alter the ultimate authority resting with James.