Attorney for accused Cornell student calls on Letitia James to step aside over prior comments

New York Attorney General Faces Calls to Step Aside Over Cornell Sexual‑Assault Investigation

New York Attorney General Letitia James has been urged by a defendant’s attorney to recuse herself from the criminal inquiry into an alleged sexual assault that took place at Cornell University’s Chi Phi fraternity house. The request follows James’ public statements in support of the accuser and a history of questions about the impartiality of the investigation.

The Allegation

On October 2024, a woman—identified only as Jane Doe in court filings—filed a civil complaint alleging that seven former Chi Phi members drugged and sexually assaulted her at the fraternity’s Ithaca, New York, house. Doe claims the men forced her to have sex after they administered a drug to her. The men deny wrongdoing, with some asserting the encounter was consensual and others denying participation entirely. No criminal charges have yet been brought against any of the accused.

In September 2025, Doe filed a lawsuit that also names Cornell University, the fraternity, her own sorority, and a local bar. The suit accuses the parties of failing to protect her from sexual misconduct and of mishandling the situation.

The Investigation

Tompkins County District Attorney Matthew Van Houten originally declined to pursue criminal charges after reviewing a statement from Cornell University Police that he said did not establish a crime under New York law. He later reopened the inquiry after the civil lawsuit surfaced and new police transcripts were provided to him.

On a Thursday that followed the lawsuit’s release, New York Governor Kathy Hochul appointed the attorney general’s office to act as special prosecutor, replacing Van Houten. The move was intended to bolster public confidence that the case would be handled impartially.

Attorney General James has stated that the investigation will be guided by “the facts and the law.” However, she declined to comment on a Facebook post in which she described the alleged assault as “horrific and unacceptable” and expressed solidarity with Doe and other survivors.

Call for Recusal

Andrew Miltenberg, the lawyer for one of the seven accused men, has asked James to step aside from the case. Miltenberg said that James’ earlier statements created an “avoidable question about the appearance of impartiality,” and that the public must be able to trust that the investigation begins without any predetermined view of the facts.

“The concern is whether the public can have confidence that the investigation begins without any predetermined view of the facts,” Miltenberg told Fox News. “There is nothing improper about expressing compassion for someone who reports a sexual assault, but there is an important difference between supporting a person who makes an allegation and appearing to accept the factual premise of that allegation before conducting an investigation.”

Miltenberg urged that James recuse herself while allowing senior prosecutors in her office—who have not publicly commented on the merits of the allegations—to take the lead. “That would not weaken the investigation. It would strengthen it,” he added. “The simplest way to remove that question is for her personally to recuse herself and allow an uncommitted prosecutor within her office to lead the investigation.”

The request is not framed as a political attack. Miltenberg emphasized that the seriousness of the alleged assault remains unchanged.

Reactions from Other Legal Voices

Criminal‑defense attorney Donna Rotunno, who appeared on Fox News’ “The Big Weekend Show,” also criticized James’ role. “It should be fair. It should be impartial. And it should not be from someone who’s already made a public statement on Facebook about it,” Rotunno said. She questioned why prosecutors had not requested every piece of information gathered by campus police, adding, “The real question is why didn’t the DA ask for every piece of information that the campus police gathered? The court of public opinion is taking over.”

Rotunno cautioned against allowing public reaction to dictate the case, noting that “we are watching the court of public opinion take over here when we don’t know the facts.”

Cornell’s Response

Cornell University has agreed to an independent review of its handling of the alleged assault. University President Michael Kotlikoff said that the institution’s disciplinary process resulted in 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. These disciplinary actions are separate from the criminal investigation.

The university has stated that it “fully supports the appointment of a special prosecutor” and remains committed to an “independent external review of all aspects of how Cornell has handled this case.”

Current Status

At present, no criminal charges have been filed against the seven men. The investigation is ongoing, with the attorney general’s office continuing to gather evidence. The question of Letitia James’ role and whether she should recuse herself remains unresolved, but the matter has drawn significant public and legal scrutiny.

The case highlights ongoing concerns over how sexual‑assault allegations are handled within collegiate environments and how legal proceedings can be perceived when public officials make statements that may appear to influence the outcome.