Legal experts clash over New York AG Letitia James’s role in Cornell sexual assault case
Fox News legal editor Kerri Urbahn joined Lawrence Jones to examine the controversy surrounding a sexual assault allegation tied to Cornell University. Tompkins County District Attorney Matthew Van Houten has defended his decision not to file criminal charges against the students, saying investigators lacked sufficient evidence. The discussion also focused on whether New York Attorney General Letitia James’s public comments could affect the legal proceedings.
An attorney for one of the men accused in a civil lawsuit involving a Cornell University student identified as “Jane Doe” is asking a court to remove New York Attorney General Letitia James from the criminal investigation. The filing claims James demonstrated bias and reached conclusions about the case before being appointed special prosecutor.
Teny Geragos, the daughter of high-profile defense lawyer Mark Geragos, submitted the motion Thursday in Tompkins County Court. She argued that statements James made publicly in support of the accuser had potentially influenced or prejudiced grand jurors.
The filing points specifically to a social media message James posted Sept. 28, the day Van Houten announced that he would reopen the investigation.
“What this young woman has been forced to endure is horrific and unacceptable. I’m holding her in my heart and in my prayers,” James wrote. “To her, and to all survivors: you’re not alone. We stand with you.”
Defense attorney Teny Geragos, seen at the Manhattan Federal Courthouse on July 2, 2025, filed a motion on behalf of her client on Oct. 8, 2026, arguing that New York Attorney General Letitia James should be removed as special prosecutor in the Cornell University rape probe. (Eduardo Munoz Alvarez/Getty Images)
Geragos contended that the post suggested James had already determined that the seven fraternity members identified in the earlier civil lawsuit were responsible, even though she had not yet reviewed any evidence in the matter.
“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,” Geragos wrote. “The AG should be removed.”
The defense filing also alleged that Gov. Kathy Hochul chose James because of those public comments and suggested the governor expects the special investigation to reach a predetermined result.
New York Governor Kathy Hochul and New York Attorney General Letitia James during a news conference in New York on Oct. 2, 2026. (Michael Nagle/Bloomberg via Getty Images)
A Hochul spokesperson referred News Media to the governor’s response at an Oct. 2 news conference when she was asked about James’s post.
“I will answer that. 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,” Hochul said.
The New York Attorney General’s Office did not immediately respond to News Media’s request for comment.
Geragos filed her motion shortly after another man named in the civil lawsuit asked Albany State Supreme Court to remove James, likewise alleging that her public statements showed bias.
The former Cornell student whose allegations prompted the investigation filed the civil lawsuit in September. She accused seven former members of the Chi Phi fraternity of drugging and raping her during the night of Oct. 19, 2024, and into the following morning.
The fraternity house at the center of a rape allegation stands on the campus of Cornell University on Oct. 8, 2026, in Ithaca, New York. (Ryan Murphy/Getty Images)
According to the complaint, Doe arrived at the fraternity house already intoxicated and was later pressured to use ketamine and other drugs. The men have rejected the accusations. Some say the sexual activity was consensual, while others deny taking part altogether.
Doe’s complaint says the fraternity was suspended Nov. 8, 2024—the same day she reported the alleged sexual assault to campus police.
Van Houten, who initially chose not to bring criminal charges, has said Doe’s sworn statement from November 2024 did not claim that she was involuntarily drugged or subjected to a gang rape. Instead, he said, the statement characterized her drug use and sexual activity as “voluntary, conscious, and consensual.”