Special prosecutor close to naming outside lawyers to handle Cornell investigation

By Kara Scannell, CNN

(CNN) — The New York attorney general’s office is close to naming external lawyers to handle the investigation into sexual assault allegations at Cornell University, officials close to the investigation said.

The office has reached out to several experienced attorneys to bolster its team, CNN reported Tuesday. The search began Thursday after New York Gov. Kathy Hochul named New York Attorney General Letitia James a special prosecutor on the case, the officials said. At the time Hochul said she “lost faith” in Tompkins County District Attorney Matthew Van Houten, who was overseeing the investigation.

“On Thursday evening, after the Governor appointed the Office of the Attorney General as a special prosecutor, Attorney General James and her team began a comprehensive investigation led by OAG’s Criminal Justice Division. Since then, OAG has spoken with the Tompkins County District Attorney, Jane Doe’s attorney, and several candidates for outside counsel to support the investigation. The DA has agreed to cooperate, and OAG remains committed to a thorough and independent investigation guided only by the facts and the law,” a spokesperson for James said in a statement Tuesday.

James spoke with Van Houten Friday. Lawyers with the attorney general’s office also spoke with him and met in person in Ithaca on Monday, the officials said.

Jane Doe’s rape allegations, described in a recently filed lawsuit, have sparked nationwide debate over how universities handle sexual assault allegations and spurred demonstrations on and off campus.

Early last week revelations came to light showing Van Houten did not receive all investigative documents. There were also conflicting accounts of what was provided to Van Houten and when. Van Houten declined to bring criminal charges in the case in 2024 after saying Jane Doe had described her actions on the night of the incident as “consensual.” He then said he would reopen the investigation after her lawsuit was filed last month.

After James was named to replace him on Friday, Van Houten said, “The focus has been and should continue to be on the victims. My office will cooperate fully with the attorney general.”

Hochul empowers AG to investigate

The New York attorney general’s criminal authority is limited by law to investigate police-related deaths, financial crimes, and organized crime. It does not have a history of investigating sex-based crimes. Its criminal justice division is staffed with attorneys with experience from federal agencies and local district attorney offices.

Hochul signed an executive order empowering the attorney general with criminal authority to investigate the allegations at Cornell, power to present to a grand jury, and ultimately bring charges, if warranted.

Thomas Giuffra, the attorney representing Jane Doe, told Jake Tapper on Sunday that he had an initial call with the attorney general’s office last week. He said he believed they were going to bring in experts from outside the office.

Giuffra told Tapper he hopes James will be able to get to the truth.

“She’s bringing in a lot of people who are experienced prosecutors and investigators to look into these things,” he said. “And they will get everything, and finally we will get what was done, what was said.”

But the attorney general tasked with leading the investigation is under scrutiny herself.

Four days before she was named special prosecutor, James posted a message on social media critics said was biased in favor of Doe.

“What this young woman has been forced to endure is horrific and unacceptable. I’m holding her in my heart and in my prayers,” the attorney general wrote on September 28. “To her, and to all survivors: you’re not alone. We stand with you.”

A lawyer for one of the seven former fraternity members has called for James to recuse herself from the case.

“The issue is not her compassion toward someone alleging sexual assault,” attorney Andrew Miltenberg said. “The concern is that her statements could reasonably be understood as accepting that the alleged conduct occurred before she assumed responsibility for determining what the evidence establishes.”

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