Four Cornell Defendants Seek Letitia James Removal

Four men named as defendants in a sexual assault lawsuit involving a former Cornell student have joined a legal effort to remove New York Attorney General Letitia James from the criminal investigation. Their objection centers on social media posts James published before taking charge of the case, in which she expressed support for the accuser.

The four defendants agreed to join a court petition filed by a co-defendant seeking James' removal. The petition argues that her previous public statements raise concerns about her involvement in the investigation, according to court filings.

A judge heard arguments last week on the initial request but postponed a decision until he could determine whether the six other defendants supported the effort. He gave the requesting defendant's lawyers until Thursday to obtain their positions.

Four defendants subsequently agreed to participate, including one whose attorneys had already submitted court documents seeking James' removal. The remaining two defendants, who do not have lawyers, did not respond, according to the filings.

James' office declined to comment on the latest development.

The dispute follows James' appointment of Jacqueline Kelly as outside counsel for the investigation, announced one day before the defendants joined the petition. Kelly previously served as a federal prosecutor overseeing a sex crimes case against music mogul Sean 'Diddy' Combs.

Kelly and her team of attorneys and investigators will handle evidence collection, witness interviews and other investigative work. They will report directly to James.

In a Wednesday statement, James expressed confidence in the newly appointed outside counsel.

"will lead a fair and comprehensive investigation." James said of Kelly.

The underlying case began in September, when a former Cornell student identified in court documents as Jane Doe filed a lawsuit against several men over an alleged assault at a fraternity party in 2024.

The plaintiff alleged that some of the men pressured her to consume ketamine and marijuana. She also said she drank alcohol to the point that she was too intoxicated to consent. The lawsuit did not accuse every named defendant of rape.

James' earlier social media activity has become central to the dispute over her appointment. On Sept. 28, she shared a news report about the lawsuit on X and Facebook, expressing solidarity with the woman and other survivors.

"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." James wrote.

Three days later, on Oct. 1, Gov. Kathy Hochul appointed James as special prosecutor overseeing the criminal investigation. Hochul said she had lost confidence in the local district attorney, who declined to bring charges in 2024 but subsequently indicated he would reopen the investigation following the former student's lawsuit.

James later addressed criticism of her social media comments during an Oct. 8 debate, defending the statements as an expression of empathy.

"Those comments demonstrate empathy, and what we need now more than ever in our body politic is more empathy." James said.

Attorneys representing New York state argued in court that Hochul has broad authority to appoint special prosecutors. They said the governor selected James because of her experience handling sensitive cases that attracted national attention.

Andrew Miltenberg, the attorney representing the defendant leading the removal effort, argued that Kelly's appointment did not change who ultimately controlled the investigation.

"changes the face of the investigation" Miltenberg wrote in a court filing, adding that the appointment "does not establish any change in ultimate authority."