Can You Fire Your Prosecutor? The Challenge to the Special Prosecutor in the Cornell Case
A Cornell defendant is asking a New York court to remove Attorney General Letitia James as special prosecutor for bias. Here is how New York decides whether a prosecutor can be removed, and why the bar is so high.
October 25, 2026 · 3 min read
By Jocelyn C. Stewart
One of the former Chi Phi members named in the Cornell Jane Doe lawsuit has gone to court to remove New York Attorney General Letitia James as the special prosecutor in the criminal investigation. Last week, James told the court the challenge does not belong there. If you are under investigation and believe the prosecutor has already made up her mind, this case shows what you can do about it, and how hard it is.
The appointment. Gov. Kathy Hochul signed an executive order on Oct. 1 naming the attorney general's office special prosecutor, according to the attorney general's own statement. The Associated Press, via WSB-TV, reported that the Tompkins County district attorney was taken off the case and supported the move.
The challenge. The petition was filed Oct. 7 in state Supreme Court in Albany, as CNY Central, Bloomberg Government and Newsweek all report. It asks the court to void the appointment. It argues James showed bias in a Sept. 28 social media post expressing support for Jane Doe. Fox News reports a second defendant filed a similar motion in Tompkins County a day later.
The response. James filed her opposition on Thursday, Oct. 22, according to NewsOne and Just the News, both citing NBC News. Both say she argues the claims are not justiciable, meaning not something a court should decide.
Where it stands. No one has been charged, and the men deny wrongdoing, the AP and Fox News report. The suit's allegations remain allegations. None of the reports I read gives a hearing date.
Why it matters to you. A prosecutor's public comments are not, by themselves, grounds to remove her. The bar is high.
Her law firm's website explains how military appellate courts handle judicial bias, disqualification and structural error.