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康奈尔调查将利蒂希娅·詹姆斯置于无情聚光灯下Cornell Investigation Puts Letitia James in an Unforgiving Spotlight

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莱蒂西亚·詹姆斯表示,她的社交媒体帖子体现了同理心。(吉娜·穆恩/路透社)Letitia James has said her social-media post demonstrates empathy. (Jeenah Moon/Reuters)

利蒂希娅·詹姆斯再次陷入风口浪尖。这位纽约州总检察长因在法庭内外与特朗普总统交锋而屡惹争议,如今又因一项新任命面临新一轮政治和法律攻击:她将负责对2024年康奈尔大学涉嫌性侵案展开刑事调查。

Letitia James is back in the hot seat. The New York attorney general, who has courted controversy by battling President Trump inside and out of the courtroom, is facing a fresh round of political and legal attacks over a new appointment: running the criminal investigation of the alleged 2024 sexual assault at Cornell University.

对任何检察官而言,这项调查都绝非易事,其中涉及毒品和酒精作用下的行为以及同意与否的问题。但詹姆斯的任命在法律观察人士中引发了质疑,他们表示她的办公室几乎没有起诉性犯罪的经验;同时,两名潜在被告也提出申诉,要求法官将她从调查中撤换,理由是她曾发表言论表达对指控者的声援。

For any prosecutor, the probe, which involves drug and alcohol-fueled behavior and questions of consent, would be a tall order. But James’s appointment has raised eyebrows among legal observers, who say her office has little experience prosecuting sex crimes, and prompted complaints from two potential defendants, who have asked judges to remove her from the probe, citing comments she made expressing solidarity with the accuser.

法官将于周四在纽约州蒙蒂塞洛审议这一问题,权衡其中一名被告提出的偏见指控。与此同时,在竞选最后阶段,挑战詹姆斯连任的共和党人已将这些言论用作攻击她的素材。

A judge will consider that issue Thursday in Monticello, N.Y., weighing the accusations of bias by one of the defendants. Meanwhile, the Republican challenging James’s re-election bid has used the remarks as fodder against her in the homestretch of the campaign.

在詹姆斯面临阻力之际,总检察长办公室已与多家律师事务所接触,商讨由其担任外部律师来开展刑事调查,这或许能让詹姆斯与调查保持一定距离,同时仍与案件保持关联。知情人士称,在这两名男子要求撤换詹姆斯之前,她的办公室已在征求私人律师的推荐人选。

As James faces pushback, the attorney general’s office has spoken to several law firms about serving as outside counsel to conduct the criminal investigation, which could give James some distance from the probe while allowing her to stay connected to the case. James’s office sought recommendations for private lawyers before the two men sought her removal, people familiar with the matter said.

民主党州长凯西·霍楚尔任命詹姆斯为特别检察官,此前汤姆金斯县地方检察官马修·范霍滕审查了康奈尔事件但未提出指控。范霍滕表示,指控者——一名康奈尔大学前学生——最初向校警描述当晚的吸毒和性行为是“自愿、有意识和双方同意的”。他还表示,他当时并不知道在她与警方初步谈话的笔录中,她说自己遭到了强奸。

Democratic Gov. Kathy Hochul appointed James as special prosecutor after the Tompkins County district attorney, Matthew Van Houten, reviewed the Cornell incident but didn’t bring charges. Van Houten has said the accuser, a former Cornell student, initially described her drug use and sexual conduct on the night in question as “voluntary, conscious and consensual” to campus police. He has said he was unaware that in a transcript of her intake conversation with police she said she was raped.

决定不予起诉的做法引发了轩然大波,此前原告于上月提起民事诉讼,指控校方未能保护她免遭兄弟会成员的轮奸。法律专家表示,因公众压力而撤换地方检察官的情况相当罕见。

The decision not to pursue charges created a firestorm after the accuser filed a civil lawsuit last month accusing the school of failing to protect her from an alleged gang rape by fraternity members. Replacing a local district attorney because of public pressure is fairly rare, legal experts said.

位于康奈尔大学伊萨卡校区的Chi Pi兄弟会会所。纽约州总检察长莱蒂西亚·詹姆斯已被任命调查有关2024年该处发生轮奸的指控。The Chi Pi fraternity house on Cornell’s Ithaca campus. New York Attorney General Letitia James has been appointed to investigate allegations that a gang rape occurred there in 2024.

纽约法学院教授丽贝卡·罗伊夫在谈到对詹姆斯的任命时说:“从专业能力或公正性的角度,我无法理解这件事。唯一可能的解释是,这纯粹是一种政治举动。”这一任命提升了詹姆斯的知名度,使她重新成为关注焦点,而此时她对特朗普及其商业帝国长达数年的民事欺诈案正走向尾声。纽约最高法院将于1月审理此案,此前一家中级上诉法院推翻了她对总统赢得的超过5亿美元罚款。

“I can’t make sense of it from the perspective of expertise or impartiality,” New York Law School professor Rebecca Roiphe said of the James appointment. “The only possible explanation is that this is just a political move.”The appointment has elevated James’s profile, putting her back in the spotlight as the final embers of her yearslong civil fraud case against Trump and his business are burning out.

但詹姆斯在康奈尔案上的高调表现已经引发了麻烦,因为她在获得任命前几天发表了相关言论。“这位年轻女性被迫承受的一切是可怕且不可接受的,”她在一则社交媒体帖文中说。“我把她放在心上,为她祈祷。对她,以及对所有幸存者:你们并不孤单。我们与你们站在一起。”两名男子的律师主张,她的言论表明这位总检察长已经对案件形成了看法。

New York’s highest court in January will consider the case, after a midlevel appeals court threw out the more than $500 million penalty she won against the president. But James’s visibility on Cornell has already caused complications because of remarks she made days before her appointment. “What this young woman has been forced to endure is horrific and unacceptable,” she said in a social-media post. “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.”

其中一名兄弟会成员吉廖·洛佩斯的律师写道:“她自己的话无可争辩地证明,詹姆斯总检察长在调查此事以及决定是否起诉时不是、也不可能是中立的。”洛佩斯的陈述本周正在接受审理。

Lawyers for the two men argue that her comments showed the attorney general had already reached an opinion about the case. “Her own words indisputably establish that Attorney General James is not and cannot remain neutral in investigating this matter and determining whether to prosecute,” wrote lawyers for Gillio Lopes, one of the fraternity members, whose claims are being heard this week.

另一名兄弟会成员温斯顿·李的律师主张,詹姆斯的言论已经对未来的大陪审团程序造成了偏见。

Lawyers for a second fraternity member, Winston Lee, have argued that James’s comment has prejudiced any future grand jury proceedings.

霍楚尔和詹姆斯为这一任命进行了辩护,称她们遵循了州法律规定的框架。在上周的一份法律文件中,詹姆斯办公室称,试图取消其资格的做法纯属猜测,因为没有任何迹象表明涉事兄弟会成员会被起诉。霍楚尔表示,她相信詹姆斯会“做她一贯做的事:审视事实、审查记录并得出恰当的结论”。

Hochul and James have defended the appointment, saying they have followed the framework outlined in state law. In a legal filing last week, James’s office called an effort to disqualify her speculative, since there was no indication the fraternity member in question would even be charged. Hochul has said she is confident James will “do what she has always done: look at the facts, examine the record and draw the proper conclusions.”

这并非詹姆斯的公开言论首次在法庭上受到审视。在特朗普案中,总统曾试图驳回诉讼,部分原因正是她关于他的言论——比如她在竞选期间承诺要成为特朗普的“眼中钉”。总统也对她出任康奈尔大学职务一事发表了看法,称潜在被告“得不到公平对待”。詹姆斯为自己的社交媒体帖子进行了辩护。“那些言论体现了同理心,而我们的政治体中现在比以往任何时候都更需要更多的同理心,”詹姆斯在最近一场与共和党对手、总检察长候选人萨里塔·科马蒂雷迪的政治辩论中说。

It isn’t the first time James’s public statements have faced scrutiny in court. In the Trump case, the president unsuccessfully sought dismissal of the lawsuit in part because of her statements about him—such as promising during her campaign to be a “pain in the ass” to Trump. The president has also weighed in on her Cornell appointment, saying potential defendants “won’t get a fair shake.”James has defended her social-media post. “Those comments demonstrate empathy, and what we need now more than ever in our body politic is more empathy,” James said at a recent political debate against her Republican challenger for attorney general, Saritha Komatireddy.

科马蒂雷迪是一名前联邦检察官,她说詹姆斯“从未起诉过性侵案件。而她已经通过预先判断把这件事搞砸了。”

Komatireddy, a former federal prosecutor, said James had “never prosecuted a sexual assault case. And she’s already screwed this one up by prejudging it.”

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