Four Cornell lawsuit defendants seek removal of NY AG Letitia James
The men joined a petition arguing James’ pre-appointment social media posts bias the investigation into the 2024 fraternity party assault.
By Harper Collins ·
Four men named in a civil suit regarding a 2024 rape at a Cornell University fraternity party have joined a legal bid to remove New York Attorney General Letitia James from the case.
The defendants agreed to support a co-defendant’s petition filed in court on Thursday. They contend that social media posts James made before her appointment created a conflict of interest.
The legal move follows the appointment of Jacqueline Kelly as outside counsel for the investigation on Wednesday. Kelly is a former federal prosecutor who previously handled a sex crimes case against Sean Combs. Her team will manage evidence collection and witness interviews under James’ supervision.
A judge previously reviewed arguments for James’ removal but delayed a ruling until all defendants stated their positions. He granted the lead petitioner until Thursday to secure support from the other men named in the lawsuit.
Court filings show that four of the six remaining defendants agreed to join the effort. One man had already filed papers seeking James’ removal. The other two defendants, who did not have legal representation, did not respond to the court’s inquiry.
The underlying case involves a former student, identified as Jane Doe, who sued in September after alleging she was pressured to use ketamine and marijuana and consumed alcohol that left her unable to consent. Not all men named in the suit faced rape charges.
James, a Democrat, posted on X and Facebook on September 28 to support the accuser. Governor Kathy Hochul appointed James as special prosecutor on October 1 after the local district attorney declined to file charges in 2024. James told a debate audience on October 8 that her comments demonstrated empathy.
In a statement on Wednesday, James expressed confidence that Kelly would lead a fair and comprehensive investigation. Andrew Miltenberg, an attorney for the man leading the removal effort, argued in court filings that while Kelly’s appointment changes the investigative team, it does not alter James’ ultimate authority over the case.
