Cornell 7 Lawyer Demands Letitia James Step Down From Probe
New York Attorney General Letitia James is being asked by counsel for one of the accused students to recuse herself. Andrew Miltenberg, who represents a member of the Chi Phi fraternity, made the request on Sunday. He told Fox News that a recent social media post by James creates a serious problem. The post happened before she was officially named the prosecutor in the case.
Miltenberg called the situation an “avoidable question about the appearance of impartiality.” The case involves seven fraternity brothers accused of a gang rape at Cornell University in October 2024. None of them have been criminally charged yet. New York Governor Kathy Hochul appointed James as the special prosecutor on Thursday. This move replaced Tompkins County District Attorney Matthew Van Houten.
Miltenberg drew a sharp line between two different actions. He said showing support for a victim is not wrong. “There is nothing improper about expressing compassion for someone who reports a sexual assault,” he told the news outlet. However, he argued that James crossed a different line by seeming to accept the story as fact before any investigation began.
He stressed that backing someone who levels a charge is vastly different from seeming to endorse the factual basis of that claim before an inquiry takes place. The lawyer believes the public needs to trust the process. “The concern is whether the public can have confidence that the investigation begins without any predetermined view of the facts,” he said. His goal is to ensure the findings are seen as fair by everyone involved.
Miltenberg offered a clear path forward to fix the issue. He suggested that James should remove herself from the case entirely. “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,” he stated. He added that this step would strengthen trust in the final results. The attorney spoke after the governor made her appointment on Thursday.
James has faced questions about her objectivity since the Facebook post went up. In the post, she said the victim had “been forced to endure” something horrific and unacceptable. She added that “we stand with you.” When reporters asked about her objectivity last week, James refused to discuss the social media post directly.
“I will not comment on a Facebook post,” she told a news conference on Friday. She insisted that the investigation would be guided strictly by the facts and the law. The source for these details is the New York Post. The story highlights a growing debate over how officials should act when they are also leading a criminal probe.
