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- calendar_today November 6, 2026
Defendants Seek Letitia James' Removal from Criminal Probe
Four men named as defendants in a lawsuit filed by a former Cornell University student are joining a legal effort to disqualify New York Attorney General Letitia James from leading a renewed criminal investigation into the woman's gang rape allegations. This move, detailed in new court filings on Thursday, marks a development in the ongoing case that has drawn significant attention.
Basis for Seeking Removal: Social Media Posts
The defendants are aligning with a co-defendant's original petition to remove James, arguing that her previous posts on social media showed bias. According to court documents, James shared statements condemning the alleged assault and expressing support for the accuser before she became involved in the investigation. The petition aims to demonstrate that these public comments compromise James' impartiality in the criminal inquiry.
Appointment of Outside Counsel
The call for James' removal came one day after she appointed Jacqueline Kelly, a former federal prosecutor with experience overseeing notable sex crimes cases, as outside counsel for the investigation. Kelly, along with a team of lawyers and investigators, is tasked with gathering evidence, conducting witness interviews, and reporting back to James throughout the process. Despite the appointment of Kelly, Andrew Miltenberg, an attorney for the defendant leading the removal effort, argued in filings that the change "does not establish any change in ultimate authority."
Status of Legal Proceedings
Last week, a judge presiding over the matter heard arguments regarding the request to remove James but deferred a decision until determining whether all six other defendants in the lawsuit would support the petition. Lawyers have now added four men to the petition, while two defendants either did not have legal representation capable of responding or simply did not respond to the court’s inquiry.
Background on the Case and Allegations
The lawsuit was filed in September by a former Cornell University student, identified in court papers as Jane Doe. She alleged that several men raped her at a fraternity party in 2024, asserting that some pressured her into consuming ketamine and marijuana along with alcohol that left her too intoxicated to consent. Not all the individuals named in the suit were accused of rape. In the wake of the lawsuit, Governor Kathy Hochul appointed Letitia James as special prosecutor, citing a loss of faith in the local district attorney who had previously declined to bring charges but later agreed to reopen the investigation.
Responses and Legal Arguments
James' office has declined to comment directly on the removal efforts. She previously addressed the social media controversy by stating in an October debate, "Those comments demonstrate empathy, and what we need now more than ever in our body politic is more empathy." State lawyers have argued that the governor has broad authority to appoint special prosecutors, and noted James’ experience with high-profile and sensitive investigations as the reason for her selection. Letitia James has expressed confidence in Kelly’s ability to conduct a fair and comprehensive investigation.
Related coverage
Source: abcnews.com.
