Andrew Miltenberg, the attorney for a former Cornell University Chi Phi fraternity member, is challenging the appointment of New York Attorney General Letitia James as special prosecutor for the university's sex abuse investigation. Miltenberg argues that James exhibited bias through a social media post published days before her appointment, in which she expressed support for the accuser, known as Jane Doe.
The dispute centers on a Sept. 28 post from James' official X account. In the message, James stated, "We stand with you" to Doe, describing the alleged victim as a "survivor" and saying, "This young woman has been forced to endure is horrific and unacceptable." On Oct. 1, Gov. Kathy Hochul appointed James' office to conduct a new, independent investigation into the case. Miltenberg contends that by accepting the premise that Doe is a survivor before becoming involved, James accepted a central factual premise of the allegations, rendering her unfit to lead an impartial probe.
"My issue is not political, and it is not personal," Miltenberg told Fox News. He stated that while offering compassion to survivors is appropriate, doing so from a position of prosecutorial authority suggests bias. Legal analyst Mehek Cooke echoed these concerns on "Fox & Friends," calling the appointment "unprofessional" and a violation of professional responsibility based on James' social media language. Cooke urged James to recuse herself and allow federal prosecutors to take over the case.
Miltenberg represents one of seven former Chi Phi members named in the lawsuit, who is still enrolled at Cornell after serving a one-year suspension. The attorney asserts that his client consented to the interaction, claiming Doe initiated the contact and did not appear intoxicated. "He was 50% of that consent, and she was 50% of that consent," Miltenberg said. Despite his challenge to James' impartiality, he acknowledged that the allegations are severe and called for a thorough investigation.
The underlying case involves an alleged gang rape that occurred overnight from Oct. 19 to 20, 2024. Doe reported the incident to university police on Nov. 8, 2024. Cornell suspended the fraternity and conducted its own review, which included a six-month investigation, dozens of witnesses, and a 100-page decision. Tompkins County District Attorney Matt Van Houten initially declined to file charges based on a six-page sworn statement signed by Doe. Van Houten later stated that reports of more explicit allegations in Doe's police interview changed his view of the case. He noted that Doe made more than 20 hand-written notations on the statement and that the document presented a different narrative than the allegations in the lawsuit.