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Attorney for Ex-Cornell Fraternity Member Seeks AG James Recusal Over Pretrial Post
Andrew Miltenberg, representing a former Chi Phi member accused in a Cornell sexual assault lawsuit, argues that Attorney General Letitia James's social media support for the accuser before her appointment as special prosecutor creates an appearance of bias and warrants her removal.
An attorney representing one of the former Cornell University fraternity members named in a sexual assault lawsuit is challenging New York Attorney General Letitia James's role as special prosecutor, arguing that her public comments supporting the accuser before she was appointed to investigate the case create an appearance of bias.
Andrew Miltenberg, a New York attorney who specializes in Title IX and civil rights cases, told Fox News that his objection is neither political nor personal. He pointed to a September 28 post from James's official account on X, in which she wrote to the accuser, identified in court documents as Jane Doe: «What this young woman has been forced to endure is horrific and unacceptable. 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.»
Three days later, on October 1, Governor Kathy Hochul appointed James's office as special prosecutor to lead a new investigation into the case. James subsequently pledged that her office would investigate «fully and fairly.» Miltenberg contends that the earlier post, by referring to Doe as a «survivor» and accepting a central factual premise of the allegations, compromises the independence of the investigation.
«My issue is not political, and it is not personal,» Miltenberg said. «Several days before her appointment, Letitia James made some comments on X, and those comments are such that I think it's fair to look at them and say it appears that the person making those comments [is] biased.» He added that while compassion for survivors of violent crime is appropriate, «when that compassion is from a person who is now tasked with an independent investigation, her words, I think, are reasonably read as she's accepted a central factual premise of the allegations, and that person should not be tasked with an independent investigation.»
Miltenberg said James «has to answer» for the post and could resolve the issue by «gracefully» stepping back from the case. Legal analyst Mehek Cooke, speaking Thursday on «Fox & Friends,» called the appointment «unprofessional» and «a violation of professional responsibility,» urging James to recuse herself and for federal prosecutors to take over. «Imagine being on the other side,» Cooke said. «Imagine having to defend yourself when you have the lead prosecutor who is saying she 'stands with' Jane Doe.»
The lawsuit names seven former Chi Phi fraternity members, as well as the fraternity and affiliated entities, Cornell University, Doe's own sorority, and a local bar where she alleges she was served alcohol while underage. The alleged gang rape occurred overnight from October 19 to 20, 2024. Doe initially reported the incident to university police on November 8, 2024.
The university suspended the fraternity and opened an investigation, but Tompkins County prosecutors declined to file charges based on a six-page sworn statement signed by Doe that did not include the most explosive allegations from a reported transcript of her interview with detectives. District Attorney Matt Van Houten wrote in a statement posted to his website last month that the statement «provides a different narrative and set of facts of the events of October 19, 2024 than those alleged in the lawsuit.» He noted that Doe made more than 20 handwritten notations on the document, and that when confronted with reports of more explicit allegations in her police interview, his view of the case changed.
Miltenberg represents a former Chi Phi member who remains a Cornell student after serving a one-year suspension. According to Miltenberg, Doe kissed his client first and he did not see her drinking alcohol or using drugs. «He was 50% of that consent, and she was 50% of that consent,» Miltenberg said. «They had a mutual sexual interaction, mutually consented to.» He nevertheless called for a thorough investigation, acknowledging that the public has seen only a glimpse of the evidence. «These are terrible allegations, and clearly something happened,» he said. «Jane Doe deserves to be treated with respect and dignity. And the allegations need to and must be treated with respect and dignity.»
The case has already involved a six-month university investigation, dozens of witnesses, nearly two weeks of hearings, a 100-page decision, and multiple appeals. The renewed scrutiny follows James's appointment and her public statements, which Miltenberg argues have tainted the process before any new evidence has been reviewed.
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