New York Governor Kathy Hochul last week appointed James as a special prosecutor to investigate the case and how law enforcement and the university initially responded to the allegations made by a woman identified in the lawsuit as Jane Doe.
Jane Doe has accused the university of failing to protect her, after she was allegedly drugged and raped by the men for several hours at a fraternity party.
Days before she was appointed special prosecutor, James wrote on X: “What this young woman has been forced to endure is horrific and unacceptable.
“I’m holding her in my heart and in my prayers,” she continued. “To her, and to all survivors: you’re not alone. We stand with you.”
The lawyer for one of the seven accused said these remarks were disqualifying.
In a statement sent to the BBC’s US media partner, CBS News, the lawyer said her comments conflict with the need for “independently evaluating the evidence”.
“This is not an accusation that Attorney General James is corrupt, acting in bad faith or incapable of performing her duties professionally,” the statement said.
“Nor am I suggesting that a court has determined that she is legally disqualified. The point is much narrower: an avoidable question now hangs over this investigation, and voluntary recusal would remove it.”
Governor Hochul and James were questioned about impartiality concerns during a news conference, and Hochul said James would “follow the facts”.
“She’ll examine the evidence and go wherever it leads, and if the evidence supports charges, she will pursue them,” Hochul said.
