New York Attorney General Letitia James filed a response Thursday opposing an effort to remove her as special prosecutor in the Cornell University rape investigation. The challenge says she is politically biased. 1
James wrote that the petition relies on claims that "are not justiciable." In plain terms, she says a court cannot properly decide them. She also argued that the man who filed has no standing, meaning no legal right to bring the challenge. 1
What the filing says
The petition was filed this month by a lawyer for Gillio Lopes. He is one of seven men sued over allegations that a woman was raped at a Cornell fraternity house in 2024. His lawyer argues that James "unequivocally demonstrated a bias and presumption of guilt." 1
James also argued that even if Lopes had standing, the court should reject the petition. She said the governor has the power to appoint a special prosecutor. 1
Petitioner asks this Court to impermissibly void a discretionary action by the Governor,
Gov. Kathy Hochul, a Democrat, appointed James on Oct. 1. Hochul cited concerns about how university police and the local district attorney's office handled the woman's allegations. 1 Tompkins County District Attorney Matthew Van Houten reviewed the case in November 2024 and declined to prosecute. On Sept. 28 he said he would reopen the inquiry. 2
A second challenge is pending
Lawyers for another man named in the suit, Winston Lee, filed a motion this month. It asks to disqualify James from any future grand jury proceedings. That motion is pending. 1 A grand jury is a panel of citizens that decides whether there is enough evidence to bring criminal charges.
Lee's lawyers say James's earlier public statements "prejudiced grand jurors" against him. 2 A spokesperson for James's office said Thursday that it has not formally responded to Lee's filing. 1
Both men's motions point to a Sept. 28 post on the attorney general's Facebook account, made before James was appointed. It read in part: "What this young woman has been forced to endure is horrific and unacceptable." 1
The woman, identified in her lawsuit as Jane Doe, alleges she was raped and plied with drugs at the fraternity house in 2024. No criminal charges have been filed. Lawyers for Lee and Lopes say their clients deny the accusations. 1
What happens next
A court must now decide whether Lopes's petition has legal merit or should be dismissed. I found no report of a hearing date. 2 Lee's motion also remains undecided. 1
That matters because a ruling that removed a special prosecutor could delay a case in which Hochul cited concerns about the local handling. For now, James says she is "committed to leading a comprehensive investigation they can trust, guided only by the facts, the evidence, and the law." 1
The Record
Sources
- NBC News, “N.Y. AG James files opposition to effort to bar her from Cornell investigation” (2026-10-23). nbcnews.com/news/us-news/ny-ag-james-files-opposition-effort
- Boston Globe, “Second man accused in Cornell case seeks to remove prosecutor” (2026-10-10). bostonglobe.com/2026/10/10/nation/second-man-accused-in-corn
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