New York Attorney General Letitia General James has formally opposed an effort to remove her from acting as special prosecutor in the Cornell University sexual assault investigation, rejecting claims that her appointment is tainted by political bias.
In a court filing submitted Thursday, James argued that the petition seeking to bar her from the case relies on claims that are legally “not justiciable.” The legal push to disqualify her stems from a petition filed this month by an attorney representing Gillio Lopes, one of seven men named in a civil lawsuit accusing them of raping a woman at a Cornell fraternity house in 2024.
Lopes’ attorney argued in court documents that James had “unequivocally demonstrated a bias and presumption of guilt.” In her response, James countered that the petitioner lacks standing, urged the court to reject the challenge outright, and emphasized that the governor possesses the constitutional authority to appoint a special prosecutor.
“Petitioner asks this Court to impermissibly void a discretionary action by the Governor,” James wrote in the filing.
Governor Kathy Hochul appointed James as special prosecutor in the Cornell case on October 1. Hochul intervened following widespread concerns regarding how university police and the local district attorney’s office handled the sexual assault allegations brought forward by the woman, who is identified in court papers as Jane Doe.
The allegations have sparked intense public outrage, particularly over explicit messages circulated in a group chat on the night of the alleged assault. To date, no criminal charges have been filed in connection with the case.
The legal challenges against James’ appointment are not limited to Lopes. Attorneys representing another former fraternity member named in the lawsuit, Winston Lee, filed a motion this month seeking to disqualify James from participating in any future grand jury proceedings. That motion remains pending, and a spokesperson for James’ office stated Thursday that prosecutors have not yet formally responded to Lee’s filing.
Attorneys for both Lee and Lopes have stated that their clients deny all accusations made in the lawsuit.
The petitions seeking to remove James point to a specific social media post published on the New York attorney general’s official Facebook account on September 28, three days before James was formally appointed as special prosecutor. The post read: “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.”
Amid mounting calls from defense attorneys for her to step down from the role, James defended her impartiality earlier this month. She maintained that she remains “committed to leading a comprehensive investigation they can trust, guided only by the facts, the evidence, and the law.”
