One lawyer has asked New York Attorney General Letitia James to leave a high-profile case. Andrew Miltenberg, who represents one of the seven students accused at Cornell, made the request on Sunday. He told Fox News that James cannot be fair after she posted on Facebook. The post praised the accuser before any investigation finished. Miltenberg says this creates an “avoidable question about the appearance of impartiality,” according to the New York Post.
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.
https://t.co/az4ViQwgy1— NY AG James (@NewYorkStateAG) September 28, 2026
The case involves seven fraternity brothers accused of a 2024 sexual assault. New York Governor Kathy Hochul appointed James as the special prosecutor on Thursday. She replaced local District Attorney Matthew Van Houten. Miltenberg argues that James already decided the facts.
According to the news outlet, he stated that showing compassion to an individual who reports a sexual assault is not improper. Yet he added a sharp warning. “But there is an important difference between supporting a person who makes an allegation and appearing to accept the factual premise of that allegation before conducting an investigation,” he said.
The lawyer fears the public will not trust the results. He believes the investigation starts with a fixed view of the facts. “The concern is whether the public can have confidence that the investigation begins without any predetermined view of the facts,” Miltenberg stated.
His solution is simple. “The simplest way to remove that question is for her personally to recuse herself and allow an uncommitted prosecutor within her office to lead the investigation,” he said. He believes this move would strengthen trust in the final findings.
Reporter: “Attorney General, on your Facebook page three days ago, you wrote, ‘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.’ Why did you affirm her allegations as fact without doing your own fact-finding investigation? And to the governor, why did you appoint an official who made a public statement affirming those allegations as fact as someone who’s supposed to be doing an investigation?”
New York Governor Kathy Hochul (D): “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. Attorney General, please.”
New York Attorney General Letitia James: “I will not comment on a Facebook post.”
Great question!
— RedWave Press (@RedWavePress) October 2, 2026
Before this appointment, James made her feelings clear. On September 28, she posted on Facebook. She wrote that what the young woman endured was “horrific and unacceptable.” She added, “we stand with you.” The Federalist noted that James treated the allegations as facts days before becoming the prosecutor.
When reporters asked about this bias last week, James refused to discuss her social media. “I will not comment on a Facebook post,” she told a news conference on Friday. She insisted the probe would follow “the facts and the law.”
None of the seven brothers have faced criminal charges yet. The alleged incident happened at a fraternity house party in October 2024. The accuser, known as Jane Doe, originally told school officials she consented. Two years later, she changed her story. She now claims she could not consent. Governor Hochul says she trusts James to do her job. Critics argue that if James does what she always does, the students will not get a fair trial.
