Cornell University has appointed Sally Yates, a former deputy attorney general from the Obama administration, to oversee an independent review of the Ivy League school’s handling of sexual assault allegations. Yates, who was dismissed by President Donald Trump during his first term, will lead an inquiry as Cornell faces criticism regarding its response to an alleged gang rape at a fraternity house in October 2024.
The review, conducted by Yates and her firm King & Spalding, will include access to Cornell’s internal documents, such as case files, oversight records for Greek organizations, communications with law enforcement, and disciplinary hearing records.
Yates brings extensive Justice Department experience to the review. She has a notable public profile, influenced by her confrontation with Trump and her role in the Russia investigation.
Yates’ Career and Confrontation with Trump
President Barack Obama nominated Yates as deputy attorney general in January 2015. The Senate confirmed her four months later with an 84-12 vote. She had previously served as U.S. attorney for the Northern District of Georgia, appointed by Obama in 2010.
During Trump’s transition to power, Yates was asked to remain as acting attorney general while Jeff Sessions awaited confirmation. Her tenure in this role was brief, as Trump fired her on January 30, 2017, after she instructed Justice Department attorneys not to defend his executive order that restricted travel and refugee admissions from seven predominantly Muslim countries.
The White House stated, “The acting Attorney General, Sally Yates, has betrayed the Department of Justice by refusing to enforce a legal order designed to protect the citizens of the United States.”
Yates asserted that she was not convinced of the directive’s legality. In a letter, she explained her responsibility to ensure that the Department’s position was both legally defensible and informed by considered legal opinion. She also highlighted the duty to seek justice and uphold what is right.
In May 2017, Yates returned to prominence by testifying before a Senate Judiciary subcommittee about Russian interference in the 2016 presidential election. Her testimony included warnings she had delivered to White House Counsel Don McGahn concerning Michael Flynn, the then-national security adviser.
Flynn’s Controversy and Aftermath
Flynn had conversed with Russian Ambassador Sergey Kislyak in December 2016 about Obama administration sanctions against Russia. This occurred despite Vice President-elect Mike Pence publicly denying any discussion of sanctions. Yates informed McGahn that Flynn had misled officials and was susceptible to Russian blackmail, as Moscow knew the truth of the discussions.
Flynn resigned in February 2017, 18 days after Yates’ initial warning. He later pleaded guilty to providing false statements to the FBI about his Kislyak discussions.
Yates’ Previous Experience and Investigations
Yates spent 27 years at the Justice Department, where she handled cases of white-collar fraud and public corruption. She was the lead prosecutor in the case against Olympic Park bomber Eric Rudolph, an effort commended by then-Attorney General Eric Holder when Obama chose her as deputy attorney general.
In May 2018, Yates returned to King & Spalding as a partner. Later, she led an investigation into sexual misconduct and abuse in the National Women’s Soccer League. Commissioned in October 2021 by the U.S. Soccer Federation, the inquiry involved over 200 interviews and revealed widespread abuse and misconduct. Her report suggested better background checks, clearer reporting processes, and greater accountability.
Cornell Investigations and Broader Mandate
Cornell stated it selected Yates and her firm for “their expertise in higher education and extensive experience in conducting independent investigations for boards and institutions.” Her involvement brings another recognized Trump opponent into the issue, shortly after New York Attorney General Letitia James commenced a separate state investigation.
The university had previously investigated the alleged assault, leading to suspensions and expulsions. A lawsuit from the alleged victim has intensified national focus on the case and scrutinized the school’s response.
Yates’ review and James’ investigation have distinct objectives. While James focuses on the specific case that incited controversy, Yates will evaluate Cornell’s broader policies and management of sexual assault and dating violence claims.
“As part of that broader mandate, Yates and her team will conduct a detailed review of the university’s response to the allegations involving Jane Doe and members of the Chi Phi fraternity in October 2024, including whether Cornell followed its policies and procedures in responding to the matter,” the university’s statement conveyed.