New York Attorney General Letitia James responded Thursday by opposing an effort to bar her from serving as a special prosecutor in the Cornell University rape investigation over accusations of political bias.
James said in a court filing that the claims underlying the petition to remove her as special counsel are “not justiciable.”
Lawyers for Gillio Lopes, one of seven men suing over an allegation that a woman was raped at a Cornell University fraternity house, filed a petition this month saying James “clearly demonstrated bias and a presumption of guilt.”
James wrote in response that there was no standing, and even if there was, the court should reject it, and that the governor has the authority to appoint a special prosecutor.
“The petitioners ask the court not to allow the governor’s discretion to be invalidated,” James wrote in a filing opposing the petition filed by Lopez’s attorneys.
On October 1, New York State Governor Kathy Hochul, a Democrat, appointed James as a special prosecutor to investigate the Cornell University case.
Hochul cited concerns about how university police and the local district attorney’s office handled the woman’s 2024 sexual assault allegation.
The woman claimed in a lawsuit that she was raped and drugged at a fraternity house in 2024. The accusations sparked outrage, including messages about her in a group chat on the night she claimed she was attacked.
No criminal charges have been filed. The lawsuit identifies the woman as Jane Doe.
Attorneys for Winston Lee, another former fraternity member named in the lawsuit, also filed a motion this month seeking to disqualify James from any future grand jury proceedings. The matter is pending.
A spokesman for James’ office said Thursday that it had not yet issued a formal response to Lee’s application.
Lawyers for Lee and Lopez said their clients deny the allegations.
Both Lee’s and Lopez’s motions allege bias, pointing to a Sept. 28 post on the New York attorney general’s Facebook account before James was appointed special counsel.
“What this young woman was forced to endure is horrific and unacceptable. I hold her in my thoughts and prayers,” it read. “To her and all survivors: You are not alone. We stand with you.”
Responding to calls for James to resign, she said this month that she was “committed to leading a comprehensive investigation that they can trust, guided solely by facts, evidence and the law.”