N.Y. AG James files opposition to effort to bar her from Cornell investigation

New York Attorney General Letitia James filed a response Thursday opposing an effort to bar her from acting as special prosecutor in the Cornell University rape investigation over claims of political bias.

James said in a court filing that the petition to remove her as special prosecutor relies on claims that “are not justiciable.”

An attorney for Gillio Lopes, one of seven men sued over allegations that a woman was raped at a Cornell fraternity house, filed a petition this month arguing that James “unequivocally demonstrated a bias and presumption of guilt.”

James wrote in the response that there is no standing, that even if there were the court should reject it and that the governor has the power to appoint a special prosecutor.

“Petitioner asks this Court to impermissibly void a discretionary action by the Governor,” James wrote in the filing opposing the petition filed by Lopes’ attorney.

New York Gov. Kathy Hochul, a Democrat, appointed James as special prosecutor in the investigation of the Cornell case on Oct. 1.

Hochul cited concerns about how university police and the local district attorney’s office handled the woman’s allegations of sexual assault in 2024.

The woman alleged in a lawsuit that she was raped and plied with drugs at the fraternity house in 2024. The allegations have caused outrage, including fury about messages in a group chat about her on the night she alleges she was assaulted.

No criminal charges have been filed. The lawsuit identifies the woman as Jane Doe.

Attorneys for another former fraternity member named in the suit, Winston Lee, also filed a motion this month seeking to disqualify James from any future grand jury proceedings. That matter is pending.

A spokesperson for James’ office said Thursday that it has not formally responded to Lee’s filing.

Attorneys for Lee and Lopes have said their clients deny the accusations.

Both Lee’s and Lopes’ motions argue bias by pointing to a post on the New York attorney general’s Facebook account on Sept. 28, before James was appointed special prosecutor.

“What this young woman has been forced to endure is horrific and unacceptable. I’m holding her in my heart and in my prayers,” it read. “To her, and to all survivors: you’re not alone. We stand with you.”

In response to calls for James to step down from the role, she said this month that she was “committed to leading a comprehensive investigation they can trust, guided only by the facts, the evidence, and the law.”