Judge Hears Challenge to Letitia James as Special Prosecutor in Cornell Case

A New York judge heard arguments Thursday on whether Attorney General Letitia James can remain as special prosecutor in the Cornell University fraternity rape investigation, and he questioned both sides sharply. Judge Farrell did not rule immediately, which leaves James in place for the moment.

The challenge centers on social media posts James made before she held the job. On Sept. 28, she posted on X and Facebook, linking a news article about a lawsuit filed by a Cornell student identified as Jane Doe. Her posts included the words "We stand with you." Gov. Kathy Hochul then appointed her to the case, with Executive Order 64 dated Oct. 1 by one account. A lawyer for one of the accused men argues the posts show bias.

James' office disputes that, arguing on procedural and legal grounds that the challenge should fail.

A Case the Local Prosecutor Passed On

The student alleges in her lawsuit that she was raped by several fraternity members at a party in 2024. Seven men are accused. No criminal charges have been filed, and the accused have not been found responsible for anything in any court.

Tompkins County District Attorney Matthew Van Houten declined to bring charges in 2024, according to the Associated Press. Just the News reported that Hochul took the case from the local prosecutor earlier in October and gave it to James. LA Mag, citing excerpts of the order, reported that Executive Order 64 made the appointment. At an Oct. 2 news conference announcing it, James declined to comment on the posts, and Hochul said she stands by the appointment, Just the News reported.

In her Sept. 28 posts, James wrote: "What this young woman has been forced to endure is horrific and unacceptable."

The Defense Says Bias, the State Says Procedure

Attorney Andrew Miltenberg, who represents Gillio Lopes, one of the accused men, is asking Judge Farrell to order Hochul to appoint a special prosecutor free of conflict or bias. Miltenberg argues that James "has unequivocally demonstrated a bias and presumption of guilt against the defendants." He has denied the allegations on his client's behalf.

He also told CNN the challenge is not personal. "It has nothing to do with it being Letitia James," he said.

James' office answered in court papers that the challenge is "procedurally defective and substantively meritless," citing rulings that the governor may appoint a special prosecutor as she chooses. A second accused man is also challenging the appointment. According to NewsNation, one challenge is before Farrell and the other is in Tompkins County.

Inside the Courtroom

Each side was given 30 minutes, CNN reported. CNN also reported that Farrell is a Republican elected in 2019 and a former Sullivan County district attorney. Outlets describe his title differently, including as an acting Supreme Court judge and as a Sullivan County judge, and the exact title has not been confirmed. Farrell asked why the other six accused men were not part of the petition, according to CNN and LA Mag.

Assistant Attorney General Kaitlin Vigars, representing the state, said Hochul knew of James' post when she made the appointment, CNN reported. LA Mag framed that as a question the judge pressed. That point rests on Vigars' statement as reported by one outlet.

Farrell also reportedly raised concern about conflicting rulings from different courts, according to one lesser-known outlet. That detail could not be independently confirmed.

What Comes Next

Farrell did not rule, and James stays in place for now. One aggregator reported that a written decision could come in the coming days, but that has not been confirmed by court records or major outlets. The Tompkins County challenge remains pending. Possible outcomes include James remaining on the case or Hochul being required to appoint someone else.