Defense attorneys for Winston Lee, a former member of the Chi Phi fraternity at Cornell University, are calling for the immediate removal of New York Attorney General Letitia James from a criminal investigation into alleged sexual assaults. In a motion filed Friday in Tompkins County court, Lee’s legal team argues that James cannot possibly remain impartial after making public statements supporting the accuser. This move mirrors a similar attempt made earlier this week by attorneys representing another defendant, Gillio Lopes, who is also seeking James’ disqualification following her appointment as special counsel by Governor Kathy Hochul.

The controversy centers on social media posts shared by James as the case gained national prominence. Before being appointed to lead the probe, James wrote that what the victim had endured was horrific and unacceptable, adding that survivors are not alone and that she stands with them. To Lee’s lawyers—a high profile team known for defending figures like Sean Diddy Combs and Harvey Weinstein—these comments signal that the Attorney General has already prejudged the outcome of the case before reviewing all the evidence. They are now asking a judge to poll potential grand jury members to see if these public remarks have biased their perspective.

A spokesperson for Attorney General James responded by stating that her office remains committed to a comprehensive review based solely on facts, evidence, and the law. However, the defense maintains that the collaboration between Governor Hochul and James creates an appearance of impropriety that undermines public confidence in the judicial process. The tension is further complicated by previous findings from Tompkins County District Attorney Matthew Van Houten, who initially determined that early witness statements did not describe a prosecutable crime, though he intends to present evidence to a grand jury before handing over control to James’ office.

At its core is a civil lawsuit filed by a student identified as Jane Doe, who alleges she was drugged and sexually assaulted by several fraternity members during an encounter she initially described as consensual but later claimed became coercive as she lost consciousness. While Cornell University says it welcomes new investigations into the matter, both Lee and Lopes vehemently deny any wrongdoing. As hearings approach to determine if James must step down, the case continues to draw scrutiny due to both its sensitive nature and the heavy hitting legal teams fighting over its direction in upstate New York courts.