A judge called Letitia James’ Cornell post ‘probably not a great idea’ as one of seven accused men asked to have her removed

A New York judge is weighing whether to remove Attorney General Letitia James as the special prosecutor investigating sexual assault allegations at Cornell University. Judge James R. Farrell held a hearing on Thursday to address a petition filed by Gillio Lopes, one of seven men accused in a 2024 lawsuit of gang-raping a woman at a fraternity party.

CNN reported that the legal challenge centers on an X post James made on Sept. 28. In it, James wrote, “What this young woman has been forced to endure is horrific and unacceptable.” She also wrote, “To her, and to all survivors: you’re not alone. We stand with you.”

Lopes’ attorney, Andrew Miltenberg, argued that the comments show James has already decided the guilt of the accused men, per the Washington Post. During the hearing, Miltenberg claimed, “She has shown no presumption of innocence, she has shown she picked sides.” He told the judge the public had lost faith in James and asked whether she was qualified to serve as special prosecutor.

Farrell questioned the appropriateness of James’ comments

Judge Farrell reportedly expressed skepticism about how the situation looked, according to the Washington Post. He asked Assistant Attorney General Kaitlin Vigars whether it was appropriate for a prosecutor to make such public comments, calling it “probably not a great idea” for a prosecutor to engage in that sort of conduct.

Farrell also noted that the comments might conflict with ethical rules, and he raised the question of whether a prosecutor’s role is to remain objective. The case has drawn political attention beyond the courtroom, with Donald Trump previously claiming the accused men won’t get a fair shake with James in charge. CNN noted that James did not attend the hearing, as she is currently running for reelection.

Despite his concerns, Farrell also pushed back on the defendant’s request, per the Washington Post. “It’s not a one-defendant case,” Farrell said. “It’s a potential for seven. You can’t have seven different proceedings.” He also asked how it would work if he removed James for only one defendant while she remained the prosecutor for the others.

The outlet reported that Vigars defended James, arguing that the claims of bias are premature. She said James is in the early stages of her investigation and that there is no reason to believe the team will not follow the facts where they lead. Vigars also maintained that any alleged harm must be concrete, and that the accused could raise these concerns if an indictment ever happens.

Following the hearing, a spokesperson for the Office of the Attorney General issued a statement saying “these claims are without merit.” The spokesperson added that the office remains committed to an investigation guided only by the facts, the evidence, and the law.

CNN reported that Farrell has given Miltenberg until Nov. 5 to either bring the other six men into the petition or file additional papers explaining why the case can proceed without them. Miltenberg later told reporters, “I’m confident the other six will join, whether they want to or not.”

Governor Kathy Hochul appointed James as special prosecutor on Oct. 1 after saying she had lost faith in the Tompkins County district attorney’s previous handling of the matter. Miltenberg does not dispute the governor’s authority to appoint a special prosecutor or her reasoning. He argued that removing James would spare the public from “again lacking confidence in the result.”