A state judge overseeing the lawsuit from a Cornell student who alleges she was raped by several members of a fraternity at a party in 2024 will consider arguments on Thursday from the attorney of one of the men accused who wants to see New York Attorney General Letitia James removed from the case. 

Andrew Miltenberg, an attorney for one of the accused, is asking Judge James R. Farrell to order New York Gov. Kathy Hochul to appoint a special prosecutor “who is free from actual or perceived conflicts of interest or bias," the Associated Press reported. 

Earlier this month, Hochul took the case away from a local prosecutor who declined to bring criminal charges in 2024 and handed it to James as a special prosecutor. After being appointed to the case, James posted on X and Facebook comments that Miltenberg says reveal she is biased. 

“What this young woman has been forced to endure is horrific and unacceptable,” James posted to X and Facebook on Sept. 28, linking to a news article about the lawsuit. 

“I’m holding her in my heart and in my prayers. To her, and to all survivors: you’re not alone. We stand with you," James continued. 

Miltenberg said that the posts demonstrate that James “has unequivocally demonstrated a bias and presumption of guilt against the defendants” named in Jane Doe’s lawsuit.

Another one of the accused is also challenging James' appointment over concerns that she's not conducted her duties impartially. 

James' office argued in a court filing that the challenge is "procedurally defective and substantively meritless." The office cited previous court rulings finding that the governor is free to exercise her executive power as she chooses, such as in appointing a special prosecutor.

James declined to comment on the social media posts at a news conference announcing her appointment as special prosecutor, and Hochul said she stands by the appointment.