Dear listeners,
There’s a lot of outrage over a gang-rape allegation at Cornell University. A former student has filed a Jane Doe lawsuit accusing seven members of the Chi Phi fraternity of sexual misconduct, including rape, in an incident that occurred in October 2024. She previously went to campus police, but local prosecutors did not bring charges, and district attorney Matthew Van Houten issued a surprisingly detailed statement explaining why: in 2024, he received a sworn statement from the accuser that differed in material aspects from the allegations in her civil lawsuit and which, he says, did not actually allege a crime under New York’s rape statute, which takes a narrower view of when intoxication negates consent than is the case in some other states.
There’s controversy over how Van Houten reached his conclusion about whether any crime was alleged, and whether the Cornell police withheld material information that might have led him to act differently. But there’s also a separate question of whether Van Houten should have released his statement (and proceeded to talk about it on CNN) even if his 2024 analysis was right — especially given that he also announced he was reopening the investigation to take it to a grand jury, and the statement is likely to (intentionally?) complicate any new effort to bring charges. Perhaps this is why Governor Kathy Hochul has removed him from the case and appointed Attorney General Letitia James as a special prosecutor.
On this week’s show, Ken and I look at that case. We also look at the continued unraveling of President Trump’s pet “grand conspiracy” investigation in south Florida, which might not ever even make it to Judge Aileen Cannon’s desk. We look also at Sen. Marsha Blackburn’s lawsuit over the review of her phone records, and at a lawyer who came at Andrew Weissmann and missed.
That’s for all listeners. For paying subscribers this week, we also cover:
The very unfair judge who is thwarting President Trump’s heroic efforts to prosecute that Olympic canoeist who wantonly destroyed the lining of his favorite reflecting pool. (Sad!)
Sheri Mecklenburg’s self-serving, but also partially convincing, resignation letter, saying she’s been made into the fall-woman for failures by US Attorney Andrew Boutros in Chicago in the botched “Broadview Six” prosecution related to anti-ICE protests.
A DC Circuit loss for Anthropic.
A new defamation lawsuit against Candace Owens.
A bribery mistrial for DC Councilman Trayon White, and
An update in the Kyrsten Sinema alienation-of-affection case.
We hope you enjoy the episode,
Josh
