MONTICELLO, N.Y. (AP) — Should social media posts disqualify New York's attorney general from leading a criminal investigation into gang rape allegations at Cornell University?
That's the question before a state judge on Thursday as one of the accused men seeks to remove Attorney General Letitia James as a special prosecutor overseeing the renewed criminal probe.
One of at least two cases against James contends she is biased because she posted messages expressing support for the accuser just days before she was appointed to the case.
The former Cornell student identified in court papers as Jane Doe filed a lawsuit last month alleging that several men raped her at a fraternity party in October 2024. The former student said some of the men pressured her into using ketamine and marijuana and that she drank alcohol that left her too intoxicated to consent.
"What this young woman has been forced to endure is horrific and unacceptable," James posted to X and Facebook on Sept. 28, linking to a news article about the lawsuit. "I'm holding her in my heart and in my prayers. To her, and to all survivors: you're not alone. We stand with you."
On Oct. 1, Gov. Kathy Hochul signed an executive order taking the case away from the local prosecutor, Tompkins County District Attorney Matthew Van Houten, who declined to bring charges in 2024, and naming James as special prosecutor.
Within days, lawyers for two of the men named as defendants in Jane Doe's lawsuit filed challenges to James' appointment — one that Judge James R. Farrell is hearing on Thursday, and the other in Tompkins County, where Cornell is located.
James, a Democrat, is not expected to attend the hearing in Monticello, about 72 miles northwest of Manhattan.
A lawyer for the man whose case is being heard Thursday said James' social media posts showed she "affirmed and accepted" Jane Doe's account of what happened, meaning she had already made up her mind about the defendants' guilt before taking the case.
The lawyer, Andrew Miltenberg, wants the judge to order the governor to pick a different special prosecutor. He told reporters outside court Thursday that there are "thousands of people in this state — retired judges, mediators, retired law enforcement, other district attorneys' offices — that could handle this investigation."
James' office argued in a court filing that the challenge is "procedurally defective and substantively meritless," noting that courts have previously ruled that the governor is free to exercise her executive power as she chooses, such as in appointing a special prosecutor.
"While Petitioner relies on the AG's remarks in a single social media post as proof that the various ills he fears will come to pass, such speculative and conclusory claims of harm — premised entirely on his own mischaracterization of the AG's statements — are insufficient for hardship," Assistant Attorney General Kaitlin Vigars wrote.
Both sides can appeal the judge's ruling.
At a news conference to announce her appointment, James declined to comment when asked about the social media posts. But Hochul said she had no qualms about naming her as special prosecutor.
"I have every confidence in our attorney general to do what she has always done: Look at the facts, examine the record, draw the proper conclusions," Hochul said. "That's exactly what's going to happen in this case."
James has been involved in a number of high-profile cases, most notably against the National Rifle Association and President Donald Trump. She labeled him a "con man" and "carnival barker" and pledged to shine a "bright light into every dark corner of his real estate dealings." She also led a civil investigation that led to Gov. Andrew Cuomo's resignation over sexual harassment allegations, although he denied the findings in her report.
