Letitia James Appointed Special Counsel Despite Suggesting the Guilt of the Accused

Below is my column in the New York Post on the Cornell rape case and the appointment of Attorney General Letitia James to investigate the allegations. With Democratic politicians and pundits already pronouncing guilt before any charges, let alone a trial, the appointment of James follows an all-too-familiar pattern in high-profile criminal cases. James previously pronounced the guilt of the students before she was appointed by New York Gov. Hochul as the special prosecutor. James publicly denounced what the accuser had “been forced to endure” and called her case “horrific and unacceptable.” She added that, with “all survivors,” that “we stand with you.” It is a signature of James’s notorious approach to prosecutorial ethics.

Here is the column:

“Seven men drugged and gang raped a 20-year-old woman.” That verdict in the alleged Cornell rape case was delivered by Rep. Alexandria Ocasio-Cortez, who has joined a chorus of others in pronouncing the guilt of Cornell students accused of raping a fellow student.

Mind you, not a single witness has testified under oath publicly and not a single charge has been brought. However, guilt is now being collectively declared from the usual figures and outlets who have never been late to mob justice.

Ocasio-Cortez declared, “I want to be clear that the culture of rape, sexual assault, and pedophilia is protected in elite institutions across the United States and including Cornell University in this instance. It has got to stop.”

We have been here before. Twenty years ago, Duke students were accused of gang raping a stripper at a campus party. The media quickly lionized Durham District Attorney Michael B. Nifong as he pandered to the media in portraying the students as personifying a racist rape culture in the United States.

The problem is that, from the start, the facts did not fit the allegations and there was a total lack of forensic evidence to support the claim. Crystal Mangum later admitted that she had lied.

Nifong was disbarred and Mangum, who was still not prosecuted for lying about these students, later went to jail for murder.

All the politicians and pundits who declared the Duke students guilty simply shrugged and moved on to the next scandal, demanding instant, uninformed judgments.

Conflicts in testimony, as are evident in the Cornell case, does not mean that there was no rape. Indeed, this is a stronger case than Duke in my view. However, there is ample reason to withhold judgment until more is known.

Much of what we know comes from a 101-page civil complaint filed by Doe against Cornell, fraternity-related entities, seven individual defendants and other defendants.

The alleged rape occurred on the night of Oct. 19, 2024. Doe admits that she drank heavily at a sorority house and then, despite being underage, drank more at a couple of bars before, around 11 pm, going to the Chi Phi fraternity house to meet a friend. It was there that she claims to have been drugged and gang raped.

The Snapchat messages sent after 1 am from the fraternity brothers are disgusting and horrifying. Frat brothers announce that there was “free” sex with a woman upstairs, and one later asked, “Shop still open?”

Yet the case also includes countervailing statements from the alleged victim herself, including suggestions that the sex with the first couple of men was consensual.

Friends recounted that Doe later laughed about the incident and said, “Oh my goodness, isn’t that crazy?” (Notably, some also added that they believed Doe was still traumatized by the experience and had not fully processed it).

She also later told her sorority “big sister” that “You may hear some rumors about me, and unfortunately they are true.”

On October 22 and 23, Doe exchanged messages with one of the men who expressed regret about “how things went down.” Both said that their memory of what occurred was cloudy because they were intoxicated.

However, she told him “non(e) of the sexual stuff was illegal.” She reportedly added that she liked being with him and another man and wanted to come over and smoke more “but like leave out the extra 5 billion men and ketamine.”

On Oct. 22, Doe did go to Cornell Health and was diagnosed with a urinary tract infection and tested positive for sexually transmitted diseases.

On October 28, Doe reportedly wanted to go to the fraternity’s Halloween party, and her frat friend said she was welcome because “chi phi is your house and you are welcome here.” She responded with “thank u i really appreciate … i’ll bring my cigs tomorrow.”

Later, the president of the fraternity contacted her to rescind the invitation and she responded angrily to her friend that “I knew this was going to happen. The woman will always get the short end of the stick. Yall aren’t my friends. Yall are covering your asses.”

On Nov. 7, Doe did seek a rape kit test (which was not useful after the passage of so much time). The next day, she reported the alleged rape to the Cornell University Police Department.

Cornell then moved quickly that day to suspend the Xi Chapter of Chi Phi and temporarily suspended the seven men later named in her civil lawsuit.

In her later accounts, Doe admitted to heavy drinking and drug use. She also reportedly told investigators that she was okay with the initial sex, adding, “Yeah, as much as I can be because, again, I was super drunk when I got there … But I was pretty OK with all of this.” However, she also said “I can say with 100% confidence I was raped.”

Legally, the extreme intoxication and drug use undermine claims of consent. While she admits that her memory was “super clouded,” it is hard to imagine anyone believing that a student in her condition was capable of giving knowing consent.

However, there are obvious problems with the case, which likely contributed to the decision not to bring criminal charges or make a criminal referral.

In New York, one threshold issue will focus on her voluntarily drinking to excess. Like other states, a mentally incapacitated individual cannot legally consent to sex but there is an exception for those who voluntarily consumed alcohol to the point that they became incapacitated.

Roughly 20 states have the same exception — where an accuser must show that her incapacity by intoxication was involuntary due to being drugged or brought to intoxication without knowledge or consent.

Faced with a prosecutor who had previously declined charges (but was reopening the case), Gov. Hochul condemned the university and played to her base. She promised her own prosecutor.

She then picked the one prosecutor who surpasses Nifong in the Duke case in her reputation for putting politics ahead of prosecutorial integrity: Attorney General Letitia James.

James was elected on a pledge to weaponize the legal system against President Donald Trump, promising that she would prosecute Trump without specifying any crime. She is known as one of the most political prosecutors in the country, using her office to pursue groups and individuals on the right. Former staffers recently condemned her for converting them into “Tish’s personal attorneys … targeting her political enemies.”

Hochul’s appointment of James maximizes the chances of a criminal charge in the case. James has always followed the policy of the Queen of Hearts in “Alice in Wonderland”: “Sentence first, verdict afterward.”

Jonathan Turley is a law professor and the New York Times best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”

246 thoughts on “Letitia James Appointed Special Counsel Despite Suggesting the Guilt of the Accused”

  1. I just met my new wife to be, Natalia Silva.

    Natalia could whoop anybody in that Cornell frat house.

  2. By declaring James should not support prosecuting that injustice, Turley is denying the victim’s claim.

    In what world would a prosecutor lead off with “I don’t see any crime has been committed because no one has been convicted.”?

    Compare this to the attempt by Pirro to prosecute, not file a civil suit, against people for massive vandalism in the Reflecting Pool when clear evidence was that they touched water and already failed portions of the liner.

    It does not appear that any comment by Turley was made about the “tough as nails” prosecutor, Jeanine Pirro and her blasting the airwaves with her certainty of a crime being committed only for her to eventually turn on the Park Service and declare that it’s not her fault.

    1. We are concerned. Accused, not convicted. Also, not released. He was held over the rape and exploitation charges.

      Breitbart is claiming that Biden specifically went to the border to open the gate after the guy answered “Yes” to “Are you going to rape a girl?”

      “The 22-year-old was booked into jail Wednesday and his bond was set at $35,000 for the statutory rape charge and $25,000 for the sexual exploitation charge. Davidson County Sheriff’s Office records show he is not eligible for release due to an ICE detainer.”
      Published: Sep. 25, 2026 at 10:00 AM CDT
      https://www.wsmv.com/2026/09/25/man-poses-16-year-old-statutory-rape-15-year-old-nashville-girl-police-say/

  3. Breaking news! Every female porn star is now suing their male costar for rape. Some female porn stars are also suing their female costar for rape because they were on the receiving end of lesbian oral sex

  4. So why did she claim RAPE days after the event?
    Was it because she had recovered from a trauma,
    or was it because she was receiving advice from her “sisters”, and was now concerned about her reputation?

    1. I think it was because she wasn’t invited to yet another frat party according to some comments online although I haven’t verified them.

    2. The sure-fire way to repair a reputation is to make sure millions of people know about an event. That’s sarcasm. Even better, to make a false accusation. That’ll really help. That’s also sarcasm.

      “I had sex for 7 hours with random men, many I have never met before” is something that only a few porn stars have managed.

      It also happens to gang rape victims.

      1. As Rick James said, “Cocaine is a helluva drug”. She was an active participant with buyer’s remorse.

  5. Kaitlan Collins should sue Trump for curtailing her First Amendment rights. Turley can represent her.

    1. How did Trump prevent her from speaking out? He didn’t. A difference of opinion is not censorship and people that aren’t morons know that.
      You have no clue about the first amendment,not any other amendment.

  6. Here are some excerpts from the devastating questioning of Jack Smith by Senator Schmitt in the recent hearing.

    1. Sen. Schmitt: Did you or did you not, in fact, jump over a candle stick?
      Jack Smith: You’re thinking of Jack B. Nimble

      1. Sen. Schmitt: Did you or did you not steal the goose that lays the golden eggs?
        Jack Smith: No Senator, that would be Jack from Jack and the Beanstalk.

          1. Sen. Schmitt: Isn’t it true, sir, that you proclaimed yourself to be a “gas, gas, gas?”
            Jack Smith: That is false. You’re thinking of Jumpin’ Jack Flash.

            1. Sen. Schmitt: Do you or do you not, in fact, live in a carton?
              Jack Smith: No sir, you’re thinking of Jack in the Box

              1. Sen. Schmitt: Did you, or did you not, stick your thumb in someone’s pie for the sole purpose of pulling out a plum?
                Smith: I did not. I believe you’re thinking of little Jack Horner.

                1. Sen Schmitt: Were you or weren’t you sitting on my porch on October 31?!
                  Jack Smith: Uh, that would be Jack O’lantern.

                  1. Sen Schmitt: Is it true that you’re best friends with Pete Hegseth?
                    Jack Smith: No, sir. That’s Jack Daniels.

                    1. Sen Schmitt:
                      Isn’t it true your last name is really OFF…and you’re a lying weasel?

                      Yes

                    2. 8 Ball

                      You should try to come up with something a bit more witty.
                      Your comment is is only halfway there.

    2. Sen. Schmitt: Did you or did you not, in fact, go up the hill to fetch a pail of water?
      Jack Smith: You’re thinking of Jack and Jill.

    3. Sen. Schmitt: Did you or did you not, in fact, act as a super spy?
      Jack Smith: You’re thinking of Jack Ryan.

    4. Sen. Schmitt: Did you or did you not, in fact, lift a car by yourself?
      Jack Smith: You’re thinking of a floor jack.

    5. Sen. Schmitt: Did you or did you not, in fact, know why you are here?
      Jack Smith: I think you know Jack Schmitt.

  7. How the heck do you turn off notifications? I made the mistake of checking the email me new comments box and it’s just too much! A hundred or more emails and can’t find a way to turn it off? Help.

  8. Yea, Free Speech JT doesn’t talk about trumps refusal to let the Press in the White House or on Air Force 1.
    Why?

    1. They are free to say or print any lie they want too..How is that limiting fres speech? Show me in the Constitution or Bill of rights where equal access is guaranteed for liars? It’s not there. Yes you have free speech, but that is not speech without consequences. Try telling you boss to F off and then defend yourself with free speech and see how that goes.
      You’re fired!

      1. It is unconstitutional to deny anyone a government benefit that they would otherwise receive, because of their protected speech.

        The White House doesn’t have to have a press room and a system of press passes; it could decide to make all access by invitation only, and invite only those whose reporting it likes.

        But since it does choose to have a press room and a system of passes, with objective criteria for distributing those passes, it can’t then cancel someone’s pass just because it doesn’t like that person’s reporting. Lies are protected speech, just like the truth.

        The correct solution is to abolish the whole system and go to invitations. No one is entitled to an invitation to a private event.

  9. Letitia James Indicts Trump In Cornell Case

    James made it clear that no stone would be left unturned in her effort to indict Trump for another crime he didn’t commit. “We have unfinished business,” she told reporters. “And by ‘unfinished business,’ I mean I haven’t been able to send him to prison, no matter how much stuff I try to make up out of thin air. But I will not quit until I get Trump behind bars for something he didn’t do.”

    https://babylonbee.com/news/letitia-james-indicts-trump-in-cornell-case

    1. Babylon Bee prints lies. It’s supposed to be satire, but they don’t understand how satire is supposed to work.

  10. It seems to me that she was upset that the frat house rescinded their invitation for her to attend their Halloween party. She was so happy to get one and planned to go (she was so “traumatized”) but filed charges on Nov. 7after she was rejected an not welcomed.

    1. Yeah -those text messages, approximately, “This woman is so far out of it, she’s an easy rape,” tell a different story.

    2. Leticia James is upset she didn’t get in on the gang bang because the boys were all racist.

  11. #. Waiting for facts. The aggrieved Jane Doe is hitting back. Most likely Cornell is scrambling with the aggrieved for settlement. Make it huge. Make it hurt.

    Yours truly,
    Cynic

  12. I am not sure where the truth lies. So let this run its course. Yet, I am not sure the accused students are going to get fair treatment. Nothing has been done yet and they are being declared rapists. Maybe they did so, but I would assume the facts should speak for themselves and not declarative statements alone.

    There is history here and it should be learned. Everyone talks about the Duke students, but the lesson from Columbia should be the thought on this one. That accused student lawsuit was settled for his treatment after he was declared innocent by both the police and cops and the handling poorly by the University later.

    Whatever the truth turns out, I hope it comes out.

    1. @The Quiet Man–

      ” …I am not sure the accused students are going to get fair treatment.”

      Ya THINK?

    2. At the time, the University acted as if they were and they did not seek legal redress challenging that assertion.

    3. The truth lies in what she said right away, a week later, and a month later, not years later.
      She didn’t ask for a criminal prosecution because her lawyer knew she would lose. She sued because you don’t need any evidence in a lawsuit, you just have to convince the jury you were wronged. Just like E. Jean Carroll who had zero evidence for a court of law but still won a BS lawsuit. The state wants to prosecute, not the victim. Because the state has a political agenda, she just wants some easy money.

  13. Women are ashamed to admit they willingly had sex with a string of guys. But none of the community college baseball team who had sex with a 17 yo who showed up at their party, bringing beer, were found either criminally or civilly liable.

    1. Ah, the Bill Cosby defense. If they are too drugged to resist, then it’s permission to rape them?

      1. There’s no reason to believe she ever wanted to resist. She deliberately drugged herself to get herself in the mood. And if she was too drunk to consent, then so were they! So why isn’t she charged with raping them?

  14. Novig, after Sweeney ad, increased volume of betting by 94%. New betters increased by 218%. Sweeney of course gets a percentage. Jane Doe might take as a settlement a percentage of the interest on Cornell’s endowment in perpetuity. Jane Doe suffered hostile education.

    After watching women being punched unconscious in elevators and kicked down hallways such a settlement for Jane Doe is appropriate.

    Cynic 😏

    1. The fact that other women are violently raped does not mean that Jane doe was.

      What evidence I am aware of thus far suggests that MAYBE there might be the possibility of sustainable charges against one or two of these frat boys – but MOST if not all the sex – and drinking, and drug use was consensual.
      It is also remotely possible that there could be a drug delivery charge in this – someome was providing Jane Doe and Other Ketamine.
      It is also possible there could be charges of providing alcohol to a minor.

      But Jane Does own statement to the police is that everything was consensual – these Frat Boys ASKED before engaging in sex acts, before providing her with drinks and before providing her with drugs.

      Further in her own statement sometimes she was asked, said no, and that no was respected.

      There does not appear be any charge for non-consensual activity.

      Absolutely the fraternity should be closed it is was providing alcohol to minors and it is unlikely Jane Doe was the only minor getting drinks.
      Someone was providing illegal drugs – that can be charged criminally.

      Everyone associated with this – including Jane Doe should be thrown out of Cornell for inappropriate conduct.

      Jane Doe even appears to have a credible CIVIL claim against the Fraternity.

      Buit absent evidence that no one has provided yet – as hedonistic as the conduct here was – Including that of Jane Doe, this was not rape.

      And calling it rape diminishes what the many many many women for are actually raped experience.

      Separately, this is disturbing as a reflection of what is going on on Left wing nut campuses across country.

      The complete dominance of the left of higher education means we can no longer pretend that misconduct on campus is a reflection of young conservative males.

      This is not what anyone expects for an 80K/yr college education

      1. Ms Doe presented herself at college clinic for UTI and STD. How about the men? Sounds like a cesspool and a real education. Cornell can’t plead ignorance. It encourages it?

      2. The background of punching and beatings is cultural context. Jane thought she’d act like a man. She was labeled a whore. The men involved cared not at all. It’s the difference that is notable. Women whether raped or pranked are the holders of rebuke.

        It’s a notable point.

      3. Right John, it’s not the education students’ expect.

        The frat house president stopped it at some point. Jane was not invited to Halloween party.

        It sounds like the movie Risky Business. Frat house brothel and Cornell lacks conduct standards. Drugs, underage alcohol, and the brothel experience. That’s the point. The venue was provided at Cornell, Harvard, Yale etc.

        Women are still whores in dynamite vests.

        Thanks

  15. The New York bar is a disgraced. It is another reason why business is leaving the state. The AG and her office should be prohibited from being counsel in the case due to James’s prior statement. She actually ought to be disbarred due to her conduct vis a vis Trump.

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