A New York judge on Thursday appeared skeptical that Attorney General Letitia James would be impartial in the course of an investigation into allegations of sexual assault at Cornell University. 

Judge James R. Farrell, however, stopped short of removing James, questioning if he had the authority to do so unless all the accused men joined the petition seeking her removal, the Washington Post reported. 

Earlier this month, New York Gov. Kathy 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 attorneys for two of the accused men say 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. 

On Oct. 7, attorneys Andrew T. Miltenberg and Stuart Bernstein filed a petition on behalf of one of the men accused in the case that alleged James had displayed a "prejudice" in the case and asked that James be removed as special prosecutor. 

Bernstein said in court Thursday that "the public has lost faith" in James, because she "has shown no presumption of innocence." 

Kaitlin Vigars, an assistant New York attorney general who is representing Hochul and James in the matter, argued that it's premature for the attorneys to argue that James has shown bias. 

Citing recent legal precedent, Vigars said Hochul had legal authority to appoint a special prosecutor. She also noted that James is only in the preliminary stages of the investigation into the allegations. If there is an indictment, Vigars argued, those charged would then have an opportunity to argue James has prejudice in the case. 

Farrell questioned Vigars about James’ social media posts, and he pointed out that they have been viewed by more than 600,000 people. 

He also asked why James stood next to Hochul the following day at a news conference where the governor also expressed sympathy for the victim, saying the conduct was questionable for a prosecutor.