Cornell frat brother tries to oust NY AG from gang rape probe over X posts

Attorneys for one of the seven fraternity members charged with gang rape contended that Attorney General Letitia James ought to be dismissed from the proceedings because of her social media activity, as reported by the New York Post ^[1]. The defense asserts that James showed partiality by publicly backing the alleged victim prior to being named special prosecutor.

Gillio Lopes submitted a motion to prevent James from supervising the inquiry into the incident at the Chi Phi fraternity residence in October 2024. His legal team highlighted a message James posted on X on Sept. 28, in which she labeled the accusations "horrific and unacceptable" and called the complainant a "survivor," according to The Independent ^[2].

The timing of the statement is key to the challenge, since James made the comment shortly before Gov. Kathy Hochul selected her to lead the reopened criminal investigation. Sullivan County Supreme Court Justice James Farrell questioned state attorneys on whether the posts amounted to improper bias, asking, "Is that a problem?" during Thursday's hearing, the New York Post stated ^[1].

Assistant Attorney General Kaitlin Vigars replied that "there has to be actual prejudice" to justify removal, pointing out that no criminal charges have been filed so far. She maintained that Lopes cannot demonstrate harm from the appointment at this point, the New York Post noted ^[1].

Justice Farrell did not rule immediately, granting Lopes's attorneys until Nov. 5 to clarify why the other six defendants have not joined the bid to remove James. He also raised questions about his jurisdiction to exclude the state's top prosecutor from the case, the New York Post reported ^[1].

In a related development, Winston Lee, another defendant, has petitioned a Tompkins County court to bar James from involvement in grand jury proceedings. A ruling in that sealed case is anticipated on Nov. 13, the New York Post said ^[1].

Concurrently, Gov. Hochul declared that all sexual offense reports at Cornell will now be transferred to State Police. This change follows increased scrutiny of the university's response to assault allegations. Hochul emphasized that students deserve to be heard and investigated by officers trained to assist survivors, the New York Post reported ^[1].

James, recognized for major cases involving the NRA and Donald Trump, chose not to address the posts during her appointment announcement. Her office contends the challenge is "procedurally defective and substantively meritless," asserting that the governor possesses the executive authority to select her special prosecutor, The Independent noted ^[2].