Attorney for accused Cornell student calls on Letitia James to step aside over prior comments

New York Attorney General Letitia James is facing a call to step aside from the investigation into the alleged Cornell sexual assault after an attorney for one of the accused students questioned whether she had publicly accepted the allegations before taking over the case.

Andrew Miltenberg, who represents one of seven former fraternity members accused in a civil lawsuit, said James earlier statements supporting the accuser created an "avoidable question about the appearance of impartiality."

"The concern is whether the public can have confidence that the investigation begins without any predetermined view of the facts," Miltenberg said in a statement to Fox News.

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Gov. Kathy Hochul appointed the attorney generals office as special prosecutor Thursday, replacing Tompkins County District Attorney Matthew Van Houten in the investigation into an alleged October 2024 sexual assault at Cornells Chi Phi fraternity house.

The woman, identified in court papers as Jane Doe, alleges seven former fraternity members drugged and sexually assaulted her. The men have denied wrongdoing, with some maintaining the sexual activity was consensual and others denying they participated. No criminal charges have been filed against the seven men.

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Miltenbergs objection centers on comments James made before her office was appointed to lead the criminal investigation. She publicly described what the woman had "been forced to endure" as "horrific and unacceptable" and told her, together with "all survivors," that "we stand with you."

When asked at Fridays news conference about her objectivity in light of the Facebook post, James said, "I will not comment on a Facebook post."

Criminal defense attorney and Fox News contributor Donna Rotunno also questioned James role during an appearance on Fox News "The Big Weekend Show."

"But it should be fair. It should be impartial. And it should not be from someone whos already made a public statement on Facebook about it," Rotunno said of reopening the investigation.

James has said the investigation will be guided by "the facts and the law."

Miltenberg said his concerns were not political and did not diminish the seriousness of sexual assault allegations.

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"There is nothing improper about expressing compassion for someone who reports a sexual assault," he said. "But there is an important difference between supporting a person who makes an allegation and appearing to accept the factual premise of that allegation before conducting an investigation."

He urged James to personally recuse herself while allowing senior prosecutors in her office who have not publicly commented on the merits of the allegations to handle the investigation.

"That would not weaken the investigati