Four Cornell Lawsuit Defendants Move to Oust Attorney General Letitia James

Four men named in a civil lawsuit against Cornell University joined a legal bid on Thursday to remove New York Attorney General Letitia James from leading a criminal probe. The men aligned with a co-defendant’s petition to block James from overseeing the case. The investigation concerns allegations of gang rape.

Defense attorneys argued that James’s public comments created a conflict of interest. Before her formal involvement, James posted on social media to support the accuser. The legal team said these statements compromised her impartiality.

The move follows a staffing change in the investigation. On Wednesday, James hired Jacqueline Kelly as outside counsel. Kelly is a former federal prosecutor who handled sex crimes cases involving Sean Combs. She will manage evidence gathering and witness interviews. Kelly’s team will report directly to James, who retains final authority over the case.

A judge heard arguments last week regarding one man’s request to displace James. The judge deferred ruling until he knew if the other six defendants supported the effort. He set a Thursday deadline for the lead plaintiff’s lawyers to secure those endorsements. Four men agreed to join the petition. Two others did not respond because their lawyers could not speak for them.

The case began with a lawsuit filed in September by a former student identified as Jane Doe. She alleged several men raped her at a fraternity party in 2024. She claimed they pressured her to use ketamine and marijuana. She also stated that alcohol left her too intoxicated to consent. Not all men named in the suit faced rape charges.

James posted on X and Facebook on September 28. She linked to a news article about the lawsuit and wrote that she held the accuser in her heart and prayers. Governor Kathy Hochul appointed James as special prosecutor on October 1. The governor said she lost faith in the local district attorney, who had declined to bring charges in 2024. James addressed her posts during an October 8 debate, calling the comments a demonstration of empathy.

State lawyers argued that the governor has broad discretion in appointing special prosecutors. They noted Hochul selected James for her experience with high-profile cases. Andrew Miltenberg, the lawyer for the man leading the removal effort, filed papers arguing that hiring Kelly does not change James’s ultimate authority. James’s office declined to comment on the new petition.