New York Attorney General Letitia James filed a response Thursday opposing efforts to bar her from acting as a special prosecutor in the Cornell University rape investigation, due to allegations of political bias.
James said in a court filing that the motion to remove her as special prosecutor was based on allegations that “are not justiciable.”
The attorney for Gillio Lopes, one of seven men sued over allegations that a woman was raped at a Cornell fraternity house, filed a motion this month, saying James “unequivocally demonstrated bias and a presumption of guilt.”
James wrote in his response that there is no standing, that even if there were, the court would have to throw it out and that the governor has the authority to appoint a special prosecutor.
“Petitioner asks this Court to impermissibly overturn a discretionary action by the Governor,” James wrote in the brief opposing the motion filed by Lopes’ attorney.
New York Governor Kathy Hochul, a Democrat, appointed James as special prosecutor in the investigation of the Cornell case on October 1.
Hochul raised concerns about how university police and the local prosecutor’s office handled the woman’s sexual assault allegations in 2024.
The woman alleged in a lawsuit that she was raped and drugged at the fraternity house in 2024. The allegations sparked outrage, including furious messages in a group chat about her the night she claims she was assaulted.
No criminal charges have been filed. The lawsuit identifies the woman as Jane Doe.
Lawyers for another former fraternity member named in the suit, Winston Lee, also filed a motion this month seeking to disqualify James from any future grand jury proceedings. This matter is pending.
A spokesperson for James’ office said Thursday that he had not formally responded to Lee’s filing.
Lawyers for Lee and Lopes said their clients deny the accusations.
Lee and Lopes’ motions both argue for bias by highlighting a post on the New York attorney general’s Facebook account on September 28, before James was appointed special prosecutor.
“What this young woman was forced to endure is horrible and unacceptable. I hold her in my heart and in my prayers,” it reads. “To her and all survivors: you are not alone. We stand with you.”
In response to calls for James to resign from office, she said this month that she was “determined to conduct a thorough investigation that they can trust, guided only by the facts, the evidence and the law.”
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