Cornell Assault Probe Faces Recusal Call for Letitia James

An attorney for one of the students accused in the alleged sexual assault case tied to Cornell University is urging New York Attorney General Letitia James to step aside from the criminal investigation, arguing that her prior public comments risk undermining confidence in the process.

Andrew Miltenberg, who represents one of seven former Chi Phi fraternity members named in a civil lawsuit, said James’ earlier statements about the accuser created what he called an avoidable concern over the appearance of impartiality. In a statement to Fox News, Miltenberg said the issue is whether the public can trust that the investigation starts without any predetermined view of the facts.

Gov. Kathy Hochul appointed the attorney general’s office as special prosecutor on Thursday, replacing Tompkins County District Attorney Matthew Van Houten in the matter. The investigation centers on an alleged sexual assault at Cornell’s Chi Phi fraternity house in October 2024. In court filings, the woman is identified as Jane Doe and alleges that seven former fraternity members drugged and sexually assaulted her.

The accused men have denied wrongdoing. Some have said any sexual activity was consensual, while others have denied taking part at all. No criminal charges have been filed against any of the seven men.

Focus on prior public statements

Miltenberg’s objection is tied to comments James made before her office was assigned to lead the criminal probe. She had publicly referred to what the woman had “been forced to endure” as “horrific and unacceptable” and said to her, along with “all survivors,” that “we stand with you.” Asked at a Friday news conference about whether that Facebook post affected her objectivity, James said, “I will not comment on a Facebook post.”

James has also said the investigation will be guided by “the facts and the law.” Miltenberg said his criticism is not political and does not minimize the seriousness of sexual assault allegations. He said there is nothing improper about expressing compassion toward someone reporting sexual assault, but argued there is a meaningful difference between supporting a person who makes an allegation and appearing to accept the factual basis of that allegation before an investigation is completed.

He called on James to recuse herself personally while allowing senior prosecutors in her office who have not publicly commented on the allegations to oversee the case. According to Miltenberg, that step would strengthen, not weaken, the investigation by improving public confidence in its independence.

Criminal defense attorney and Fox News contributor Donna Rotunno also questioned James’ role during an appearance on The Big Weekend Show. Rotunno said any reopened investigation should be fair and impartial and not led by someone who has already made a public statement about the matter. She also questioned why prosecutors did not seek the complete investigative record before deciding against charges earlier in the case, warning against allowing public opinion to drive legal decisions.

Why the case was reopened

The case drew renewed attention after Doe filed a civil lawsuit on Sept. 16, nearly two years after the alleged assault. The complaint also names Cornell, fraternity entities, Doe’s sorority and a local bar, among others, alleging failures to protect her.

Van Houten had initially declined to bring criminal charges, saying a signed statement received from Cornell University Police did not establish a crime under New York law. He said at the time that prosecutors assumed Doe’s account was true and that her credibility was never in question. He later reopened the investigation after the lawsuit was filed.

Scrutiny increased further when CBS News showed Van Houten a fuller transcript of Doe’s police interviews that he said his office had never received. Van Houten said that information was not previously available to him and that its existence changed the landscape.

Cornell has separately agreed to an independent review of how it handled the allegations. University President Michael Kotlikoff said Cornell’s disciplinary process led to two expulsions and two suspensions of at least two semesters. One student graduated before discipline could be imposed, and two were found not responsible for sexual misconduct. Those campus proceedings are separate from the criminal investigation. Cornell has said it supports the appointment of a special prosecutor and is committed to an independent external review.