Letitia James, the Cornell Seven, and Rule of Law

New York’s Progressive-Democrat governor Kathy Hochul has appointed fellow Progressive-Democrat State Attorney General Letitia James to oversee the reopened criminal investigation of a Cornell University seven then-student frat boys and their…encounter…with a then-student young woman. The frat boys’ behavior was utterly despicable, whether or not it was criminal. The case already has been opened and closed once, though, and there are obvious problems with James’ appointment apart from the problems of the reopening.

One such is James’ commentary on social media in the days just prior to her appointment.

What this young woman has been forced to endure is horrific and unacceptable. 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.

As lawyers for two of the potential defendants noted,

Her own words indisputably establish that Attorney General James is not and cannot remain neutral in investigating this matter and determining whether to prosecute[.]

This commentary comes in the aftermath of the young woman’s own statement to the police that her participation was voluntary, conscious, and consensual. Her use of the term “rape” also in her statement raises questions, but it’s hard to take the usage dispositively in light of her voluntary, conscious, and consensual participation. The idea of a woman getting off on being ravished is the stuff of 18th century fiction. The decision of the local prosecutor to not prosecute on the basis of those two items has been widely bruited, but his assessment that there was no conviction possible based on the totality of her statement is legitimate.

But James wasn’t done, and this is the other obvious problem, although not so much bruited. She said in response to the hooraw over her post,

Those comments demonstrate empathy, and what we need now more than ever in our body politic is more empathy[.]

In the body politic, certainly. But in enforcement of our laws and in court, no. What is needed there, for the for both the defendant’s and accuser’s safety’s sake, is hard objectivity and adherence to the cold facts of the matter. James is justifying her decision to bring emoting into the courtroom at least on par with facts.

Letitia James is unfit to oversee this case.