Legal Experts Debate New York AG Letitia James’s Involvement in Cornell Sexual Assault Case

In a recent discussion, Fox News legal editor Kerri Urbahn joined Lawrence Jones to analyze the contentious sexual assault allegations at Cornell University. The Tompkins County District Attorney, Matthew Van Houten, defended his choice not to prosecute the accused students, citing insufficient evidence. Meanwhile, the panel explored the potential legal ramifications of comments made by New York Attorney General Letitia James on social media.

A lawyer representing one of the accused in a civil lawsuit claiming rape against “Jane Doe” from Cornell has formally requested the removal of Attorney General Letitia James from the criminal case. The lawyer, Teny Geragos—who happens to be the daughter of the well-known criminal defense attorney Mark Geragos—submitted a motion to this effect in Tompkins County court, arguing that James had displayed bias and had predetermined views on the matter even before her appointment as a special prosecutor.

Geragos pointed to a social media post by James on September 28, coinciding with the local prosecutor’s announcement to reopen the investigation. In her post, James expressed her distress about what the young woman had gone through, stating, “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.”

Geragos contended that these statements indicated that James had presumed the guilt of the fraternity members involved, despite not having reviewed any evidence at that time. She stated, “The public cannot, and should not, have any confidence in the investigation or charging decisions of someone who has clearly prejudged the guilt of individuals who the law presumes are innocent.” This led to her request for James’s removal from the case.

Additionally, Geragos criticized New York Governor Kathy Hochul for appointing James, implying that the governor anticipated a particular outcome from the investigation influenced by James’s prior comments.

When approached for comments, a spokesperson for Hochul referred to the governor’s remarks made during a press conference on October 2, where she showed her confidence in Attorney General James, asserting, “I have every confidence in our Attorney General to do what she has always done: look at the facts, examine the record and draw the proper conclusions. That’s exactly what’s going to happen in this case.”

Geragos’s motion follows a similar request by another defendant in the civil suit, who also asserted that James exhibited bias. The civil lawsuit, which claims that seven former members of the Chi Phi fraternity drugged and raped the plaintiff on the night of October 19, 2024, was filed by the former Cornell student in September.

The plaintiff alleges that she arrived at the fraternity already intoxicated and was subsequently pressured into taking drugs like ketamine. The accused men have denied any wrongdoing, with some asserting that the sexual interactions were consensual, while others claim they were not involved at all.

The fraternity was placed on suspension on November 8, 2024—the same day allegations were reported to campus police. Van Houten, initially reluctant to press charges, noted that the plaintiff’s statement in November did not claim she was drugged against her will or that there was a gang rape; rather, it described her actions regarding drug use and sexual activity as “voluntary, conscious, and consensual.”