We’re watching the court of public opinion elbow its way into a criminal investigation, and not by accident. Donna Rotunno — a straight-talking criminal defense lawyer and Fox contributor — warned exactly that: we’re judging before we know the facts. That matters, because when elected officials start signaling their sympathies, the system that’s supposed to be fair starts looking like a stage for political theater.
Politicians, prosecutors and optics
Governor Kathy Hochul tapped Attorney General Letitia James to take over a reopened probe into the alleged assault at Cornell, saying prior protections failed the alleged victim. That move was predictable — and necessary politically — once campus Title IX records leaked and public outrage grew. But predictability doesn’t erase problems: defense lawyers and commentators like Rotunno say James’ public posture and a well‑timed social media post create an appearance of bias that undercuts trust in the prosecution.
What the paperwork actually did to people
The now‑public excerpts from Cornell’s Title IX files are messy: conflicting interviews, claims of incapacity, denials of wrongdoing. No state criminal charges have been filed yet; some students faced university discipline and expulsions despite the lack of a criminal conviction. That’s a real-world consequence — young men whose names are dragged across headlines, campuses where fraternities cancel events, and careers that can be damaged long before a court hears anything.
Due process isn’t an abstract favor
Rotunno’s warning about the “court of public opinion” is more than cable TV flourish. When an elected official’s comments are effectively a public thumbs‑up for one side, defense attorneys rightly cry recusal; Andrew Miltenberg has publicly asked Attorney General James to step aside for that very reason. The alternative is dangerous: evidence and witnesses get filtered through the lens of politics, jurors and potential prosecutors are influenced by headlines, and ordinary Americans lose faith in equal treatment under the law.
So what should people expect — and demand?
We should expect a full, impartial review that follows the facts, not headlines or political convenience. If the AG’s office is serious about justice, it will answer questions about impartiality and let the process breathe without grandstanding. Because at the end of the day, young lives and public confidence hang in the balance — and that’s not something to be sacrificed for a soundbite. Which will win: careful, even‑handed justice, or the rush to declare victory on social media?

