The lawyer representing one of seven men accused of taking part in a gang rape at Cornell University has asked the special prosecutor handling the case to withdraw, citing her earlier public comments.

The lawyer argues that a social media post by New York Attorney General Letitia James calls into question the “integrity and independence” of her investigation. In the post, dated 28 September, James wrote that “what this young woman has been forced to endure is horrific and unacceptable”. She said the woman was “in my heart and in my prayers”, and told her and other survivors: “You are not alone. We stand with you.”

In a statement sent to the BBC through its US partner CBS News, the lawyer said the remarks were grounds for James to be removed from the case and clashed with the need for an “independent assessment of the evidence”.

An attorney for one of the seven former Cornell fraternity brothers accused of raping a fellow student has called for New York Attorney General Letitia James to recuse herself as special prosecutor because of public statements she made supporting the alleged victim. https://t.co/Yg87zxzluU

— NEWSMAX (@NEWSMAX) October 6, 2026

“This is not an accusation that Attorney General James is corrupt, that she is acting in bad faith or that she is unable to carry out her duties professionally,” the statement said. “Nor do I claim that any court has ruled she is legally unqualified to handle the case. The issue is far narrower: a question that could have been avoided now hangs over this investigation, and her voluntary recusal would remove it.”

New York Governor Kathy Hochul and James were both asked about concerns over impartiality at a press conference. Hochul said James would “follow the facts”.

“She will examine the evidence and follow it wherever it leads. And if the evidence supports bringing charges, she will pursue them,” Hochul said.

Hochul appointed James special prosecutor by executive order on 1 October, saying she had lost faith in Tompkins County District Attorney Matthew Van Houten. His office had initially closed the inquiry without charges and reopened it last month, after the woman filed her lawsuit. James is empowered to investigate, to prosecute any offences if warranted and to present evidence to a grand jury. The investigation will also examine how law enforcement and the university handled the woman’s original complaint, which is identified in the lawsuit as Jane Doe.

Cornell has agreed to an independent review of its own handling of the allegations by outside lawyers.

Faculty set to vote on no confidence in Cornell leadership

The university’s leadership has come under fierce criticism over its alleged inadequate handling of the October 2024 incident. According to US media reports, it now faces a vote of no confidence from teaching staff.

The Faculty Senate, a governing body made up of professors and other academic staff, is due to vote on a no-confidence motion next week. Cornell is an Ivy League university, alongside Harvard and Yale, and its faculty includes Nobel laureates and other leading researchers.

A majority vote would be largely symbolic. It would signal the discontent of the wider faculty and put pressure on the university’s leadership to act.

The BBC has approached Cornell for comment.

The allegations in the lawsuit have caused uproar at the campus in Ithaca, New York State. Hundreds of students and staff gathered there on Monday to protest, and the case has provoked anger across the country.

The case against the “Cornell 7”

The men, known as the “Cornell 7”, are defendants in a civil lawsuit brought by a woman using the pseudonym Jane Doe. She alleges that seven members of the Chi Phi fraternity, a US all-male student social club, drugged her and raped her over several hours at a fraternity party in October 2024. The lawsuit says she was pressured into taking ketamine, which left her incapacitated, and accuses the men of sexual assault.

She also accuses the university of failing to protect her. Cornell, a bar and her own sorority are also named as defendants. The Chi Phi chapter was closed and remains barred from campus.

Lawyers for three of the men have publicly denied that their clients committed any criminal act. None of the seven has been criminally charged.

US President says he “feels sorry” for the seven men

US President Donald Trump said on Friday that he felt “badly” for the seven men, claiming they would not receive “fair treatment” now that James has been named special prosecutor.

Reporters asked Trump about James’s role as he left the White House for a rally in Alabama.

Trump defends the men in the Cornell gang rape case, saying he “feels bad” for them and they won’t get a “fair shake” https://t.co/2OSEayIfGu

— Headquarters (@HQNewsNow) October 2, 2026

“Well, Letitia James is a corrupt person. She is totally corrupt and I can’t imagine it,” Trump said. He added that anyone she investigates “will not be treated fairly”.