The attorney for one of the former Cornell University Chi Phi fraternity members named in an explosive sex abuse lawsuit is raising questions about the appointment of New York Attorney General Letitia James as an independent prosecutor days after he says the state's top cop publicly took sides in the case before seeing the evidence.

"My issue is not political, and it is not personal," attorney Andrew Miltenberg told Fox News. "Several days before her appointment, Letitia James made some comments on X, and those comments are such that I think it's fair to look at them and say it appears that the person making those comments [is] biased." He took issue with a Sept. 28 post from James’ official X account telling Jane Doe, "We stand with you" and for accepting the premise that Doe is a "survivor" before becoming involved in the investigation.

ATTORNEY FOR ACCUSED CORNELL STUDENT CALLS ON LETITIA JAMES TO STEP ASIDE OVER PRIOR COMMENTS "What this young woman has been forced to endure is horrific and unacceptable," James wrote along with a link to a news article about the case. "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." Then on Oct. 1, Gov. Kathy Hochul appointed James' office as special prosecutor for a new investigation.

CORNELL SEXUAL ASSAULT CASE REVIVES SCRUTINY OF A LITTLE-KNOWN NEW YORK LAW ON INTOXICATED VICTIMS Afterward, James vowed that her office would investigate "fully and fairly" in a follow-up post.

"It's OK to offer compassion and be empathetic to survivors of sexual assault, or any violent crime or any crime whatsoever, for that matter," he continued. "But when that compassion is from a person who is now tasked with an independent investigation, her words, I think, are reasonably read as she's accepted a central factual premise of the allegations, and that person should not be tasked with an independent investigation." CORNELL PICKS FORMER DEPUTY US ATTORNEY GENERAL TO REVIEW SEX ASSAULT RESPONSE He said that in his view, James "has to answer" for the post and could easily fix the issue by "gracefully" stepping back.

Speaking on "Fox & Friends" Thursday morning, legal analyst Mehek Cooke called James' appointment "unprofessional" and "a violation of professional responsibility" based on the language she used on social media.

DELETED EMAIL DETAILS ALLEGED TRUMP-TARGETING PUSH INSIDE LETITIA JAMES’ OFFICE: ‘FIND AND PURSUE CRIMES’"Imagine being on the other side," she said. "Imagine having to defend yourself when you have the lead prosecutor who is saying she 'stands with' Jane Doe." FOLLOW THE FOX TRUE CRIME TEAM ON She is calling on James to recuse herself and have federal prosecutors step in.

Miltenberg is a New York attorney who specializes in Title IX and civil rights cases. He said he represents a former Chi Phi member who is still a Cornell student after serving a one-year suspension.

CORNELL CAMPUS POLICE MADE DRUG ARREST AT CHI PHI FRATERNITY HOUSE HOURS BEFORE ALLEGED GANG RAPE According to Miltenberg, Doe kissed his client first and did not see her drinking alcohol or doing drugs. SIGN UP TO GET THE LATEST TRUE CRIME NEWS "He was 50% of that consent, and she was 50% of that consent," he said. "They had a mutual sexual interaction, mutually consented to." CLICK HERE FOR MORE FROM THE FOX TRUE CRIME HUB CORNELL JANE DOE ALLEGEDLY DOXXED A US MARINE WITH NO TIES TO UNIVERSITY WITH WRONG ADDRESS IN FILING He did, however, call for a thorough investigation while arguing that the public has only seen a glimpse of the evidence in the case — which, even before the renewed attention, involved a six-month university investigation, dozens of witnesses, nearly two weeks of hearings, a 100-page decision, appeals and appellate decisions.

CORNELL PRESIDENT SAYS UNIVERSITY 'MUST DO BETTER' ON HANDLING OF SEXUAL ASSAULT ALLEGATIONS "These are terrible allegations, and clearly something happened," he said. "Jane Doe deserves to be treated with respect and dignity. And the allegations need to and must be treated with respect and dignity."

GOT A TIP? The lawsuit names seven former Chi Phi members, as well as the fraternity and affiliated entities, Cornell University, Doe's own sorority and a local bar where she alleges she was served drinks underage.

The alleged gang rape took place overnight from Oct. 19 to 20, 2024. Doe initially reported the incident to university police on Nov. 8, 2024. The school suspended the fraternity and opened an investigation, but Tompkins County prosecutors declined to file charges based on a six-page sworn statement signed by Doe that did not include the most explosive allegations in a reported transcript of her interview with detectives. GET BREAKING NEWS BY "The statement – especially as it relates to the legal definition of 'lack of consent' – provides a different narrative and set of facts of the events of October 19, 2024 than those alleged in the lawsuit," Tompkins County District Attorney Matt Van Houten wrote in a statement posted to his website last month.

Doe herself made more than 20 "hand-written notations" on the six-page document, he said. When confronted with reports that she had made more explicit allegations about the case in her interview with police, Van Houten said that changed his view of the case.