New York Attorney General Appoints Outside Counsel to Lead Cornell Sexual Assault Investigation

New York Attorney General Letitia James announced on November 4 that former federal prosecutor Jacqueline Kelly will serve as outside counsel leading the criminal investigation into allegations of sexual assault at Cornell University in October 2024. Kelly previously led the Civil Rights Unit in the Criminal Division of the US Attorney’s Office for the Southern District of New York and is now a partner at Boies Schiller Flexner. She will lead a team of attorneys and investigators from the attorney general’s office and the law firm to gather evidence, interview witnesses, review earlier investigative records and assess the applicable law. The appointment does not mean anyone has been criminally charged or that a court has found the allegations to be true. The investigation follows a civil lawsuit filed in September 2026 by a former Cornell student, identified as Jane Doe, who alleges that several men sexually assaulted her at a fraternity gathering in October 2024. The defendants have not been criminally charged in connection with the allegations, which remain subject to investigation and legal review.

Kelly will lead the investigative team and report to the attorney general’s office

James said Kelly will lead a team made up of attorneys and staff from the Office of the Attorney General and Boies Schiller Flexner. The team will gather and analyze evidence, review prior police and university investigative records, interview witnesses and assess whether the facts support criminal charges. Kelly previously led the Civil Rights Unit at the US Attorney’s Office for the Southern District of New York, overseeing investigations and prosecutions involving official misconduct, sexual exploitation and abuse, hate crimes and voting rights. Kelly graduated from Cornell University and Columbia Law School and joined Boies Schiller Flexner as a partner in 2025. She has worked on high-profile investigations and prosecutions involving Sean “Diddy” Combs and Peter Nygård. Kelly said she would examine all available evidence and conduct a fair inquiry guided by facts and law. The attorney general’s announcement says her team will report to the Office of the Attorney General; it is not an entirely separate special-prosecutor office outside state oversight.

Hochul had already appointed James as special prosecutor

The outside-counsel appointment follows an executive order signed by New York Gov. Kathy Hochul on October 1. The order designated the attorney general’s office as special prosecutor to investigate the allegations described in the civil complaint and, if warranted, present evidence to a grand jury and prosecute resulting offenses. Hochul said she had lost confidence in Tompkins County District Attorney Matthew Van Houten’s handling of the matter and wanted the state to take over the investigation. Van Houten did not file criminal charges when the incident was first reported in 2024. He previously said the student’s initial statement to police did not indicate a violation of criminal law. He later said he may not have received the complete information from Cornell’s internal Title IX investigation. The dispute therefore concerns not only the civil lawsuit but also what information was available to university officials, campus police and the local prosecutor at the time, and whether it was fully reviewed.

Defendants have challenged James’s impartiality

Two defendants in the civil lawsuit have sought to remove James from the investigation, arguing that a social-media post she made before her appointment expressed support for the accuser and could indicate prejudgment. James’s office says the investigation will be guided only by facts, evidence and law. The Wall Street Journal reported that Kelly will make the investigative decisions but will report to James, who says she will not participate in the investigation itself. Defense lawyers have questioned whether James has formally recused herself from supervisory authority. Appointing an outside lawyer may strengthen the investigation’s professional capacity and public credibility, but it does not automatically resolve all legal questions about oversight and potential conflicts. A judge has not issued a final ruling on the request to remove James. The next steps will depend on the evidence gathered by Kelly’s team, witness interviews and whether investigators believe there is sufficient evidence to present to a grand jury.

Cornell has hired Sally Yates for a separate review of the university’s handling

Separately from the criminal investigation, Cornell has hired former US Deputy Attorney General Sally Yates to conduct an independent review of the university’s handling of sexual-assault complaints and campus disciplinary procedures. The Associated Press reported that the two reviews have different purposes. Kelly’s team is examining whether criminal offenses occurred and whether charges are warranted. Yates will review the university’s reporting processes, internal investigation and disciplinary decisions. The civil lawsuit alleges that Cornell failed to adequately protect the student and questions the university’s response after it received a report. Cornell has said it conducted a Title IX investigation and imposed disciplinary sanctions on some students. Yates’s review will examine the procedures, records and decisions made by the university, but it cannot replace the criminal investigation or determine whether the defendants are guilty. The separate reviews could examine overlapping evidence, but they are not the same proceeding. One is a state criminal investigation, while the other is an institutional review of Cornell’s policies and response. Their findings may inform public understanding of the case, but neither should be treated as a substitute for a court’s determination of criminal liability.

The investigation may take months; no criminal conviction has been announced

The alleged incident occurred in October 2024, and the civil lawsuit was filed in September 2026. The attorney general’s office said a comprehensive investigation will take time. Kelly’s team is expected to review earlier records, collect additional evidence and interview relevant witnesses. No new criminal charges were announced with the appointment, and no court has found any defendant guilty. The allegations should continue to be described as claims in a lawsuit and matters under investigation. The significance of the appointment is that New York has placed the investigation under an outside lawyer with federal criminal-investigation experience while also commissioning a separate review of Cornell’s institutional response. Whether criminal charges are eventually filed will depend on evidence and applicable law, not public pressure or statements from either side.