Judge weighs AG James removal bid

A judge in New York is deciding whether to remove Attorney General Letitia James from a high-profile rape investigation. The decision follows arguments heard Thursday in a bid by one accused man to disqualify her.

The dispute centers on posts James made on social media before she took over the case. She called the allegations "horrific and unacceptable" and referred to the accuser as a "survivor." The man's lawyers argue these comments show she had already formed an opinion. Andrew Miltenberg, one of the man's attorneys, told reporters that other officials in the state could handle the probe. He noted that thousands of retired judges, mediators, and law enforcement officers are available to lead the investigation.

James did not attend the hearing in Monticello. She has stated that her work will be "guided only by the facts, the evidence, and the law." State lawyers argued that Governor Kathy Hochul has broad authority to appoint special prosecutors. They said James was selected for her experience with sensitive cases. Kaitlin Vigars, an assistant attorney general, told the court that actual prejudice is required to remove James. She argued the accused man has not suffered harm because no criminal charges have been filed.

Judge James R. Farrell pressed the state's lawyers on the appointment. He asked if it was a problem that Hochul knew James had commented on the case. When Vigars did not directly answer if it was improper for a prosecutor to make such statements, Farrell asked again. Farrell also inquired if the ruling would apply to all defendants or just the one challenging James. He gave the man's lawyers one week to explain why the other men in the lawsuit did not join this specific legal effort.

The underlying lawsuit was filed in September by a former Cornell student identified as Jane Doe. She alleges several men raped her at a fraternity party in 2024. She said they pressured her into taking ketamine, which left her too intoxicated to consent. Hochul appointed James on October 1 to replace the county district attorney, who had declined to bring charges in 2024.

James has addressed the controversy in her campaign race against Republican challenger Saritha Komatireddy. At an October 8 debate, she said her comments "demonstrate empathy." She stated that politics stop at her office door. Hochul expressed confidence in James during the October 2 announcement, saying she would look at the facts and examine the record. The case is currently argued in Monticello, about 72 miles northwest of Manhattan. A second challenge filed in Ithaca has not yet had arguments scheduled.

Stuart Bernstein, another lawyer for the man fighting the appointment, said James has shown she is biased. He argued she is not objective. The judge quizzed both sides for more than an hour during the session. No immediate ruling was announced after the arguments concluded.