WHAT YOU NEED TO KNOW
  • Letitia James faces a bar ethics complaint over statements made before she was appointed special prosecutor in the Cornell 7 case.
  • The National Legal and Policy Center argues that James publicly showed bias and should recuse herself or be removed.
  • Legal ethicist Jack Marshall called the alleged ethics violation “flagrant, obvious and therefore shocking.”
  • James defended her comments as empathy and said her office would review only the facts, evidence and law.

New York Attorney General Letitia James is facing a bar ethics complaint over statements she made about the “Cornell 7” shortly before she was appointed special prosecutor in the case. The complaint alleges that her public comments compromised her ability to conduct an impartial investigation.

James was appointed to reopen an investigation into an alleged gang rape at Cornell University’s Chi Phi house in 2024. Two days before that appointment, she publicly expressed support for the young woman at the center of the allegations.

“What this young woman has been forced to endure is horrific and unacceptable,” James wrote in a Sept. 28 post on X. She followed that statement by writing, “To her, and to all survivors: you’re not alone. We stand with you.”

The Washington, DC-based National Legal and Policy Center filed the complaint, arguing that James showed which account of the drug-fueled night she believed before beginning her investigation. The organization contends that those statements damaged her ability to approach the matter impartially.

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“It is clear that she must recuse herself from having anything to do with this case to preserve the impartiality and integrity of any investigation and prosecution,” the complaint states. It was filed in the New York State Supreme Court.

“This kind of public statement exhibiting clear bias on a highly publicized case by the highest law enforcement officer of New York violates New York rules of professional conduct,” the complaint says. The filing asks that James either recuse herself or be removed from the case.

The nine-page complaint was submitted to the court’s Attorney Grievance Committee. It included an expert witness report from legal ethicist Jack Marshall, who delivered a blunt assessment of James’ conduct and the ethical questions raised by her public statement.

“The violation is flagrant, obvious and therefore shocking,” Marshall said. He argued that the alleged violation was especially remarkable because James serves as New York’s top law enforcement officer.

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“I find it remarkable that the top lawyer in the state of New York could possibly be so unfamiliar with the professional ethics standards of her own state, which have the force of law,” Marshall said. He also questioned the appearance created by James’ remarks.

James’ statement “raises suspicion of a rigged, pre-determined and illicit investigation,” Marshall said. His assessment directly challenges the attorney general’s claim that her office can separate her publicly stated empathy from the investigation she was later assigned to oversee.

James addressed the criticism during Thursday night’s attorney general debate against Republican challenger Saritha Komatireddy. Rather than retreat from her comments, James defended them as an expression of compassion toward the woman who brought the allegations.

“Those comments demonstrate empathy,” James said. “And what we need now more than ever in our body politics is more empathy.”

James also insisted that partisan considerations would not guide the work of her office. “Politics stops at the door in my office,” she said during the debate.

Her office separately defended the integrity of the investigation. “In this and every investigation, the Office of the Attorney General is committed to conducting a comprehensive review of nothing but the facts, the evidence and the law,” a spokesperson told The Post.

Two men accused by Jane Doe in her lawsuit, Winston Lee and Gillio Lopes, have also filed court documents seeking James’ removal. They argued that James “made clear… she has already reached the conclusion. … the defendants are guilty.”

James has been assigned to conduct a full investigation into what happened at the Chi Phi house on Oct. 19, 2024. If the evidence warrants further action, she is also tasked with presenting that evidence to a grand jury.

 

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