Max Miller

CLEVELAND, Ohio— One of President Donald Trump’s attorneys who has come under scrutiny in recent days is also representing U.S. Rep. Max Miller in his lawsuit against his ex-wife.

Alejandro Brito represented Trump in his $10 billion lawsuit against the Internal Revenue Service that on Monday drew the ire of the federal judge overseeing the case.

U.S. District Judge Kathleen Miller’s scathing ruling on the case included her referring Brito the Florida bar association for possible discipline for attorney misconduct.

Chris Vlasto, a spokesman for Miller’s legal team, declined comment. Cleveland.com and The Plain Dealer reached out to Brito for comment.

Brito joined Miller’s team of attorneys in the high-profile defamation lawsuit against Miller’s ex-wife in May, according to court records.

Cuyahoga County Common Pleas Judge Joy Kennedy in May granted Brito permission to work on the case.

Brito does not have an Ohio law license. Like all attorneys who are licensed in other states, Brito had to get permission from the judge before he was allowed to represent his client in an Ohio court.

The lawsuit is part of a court battle between Miller and Moreno that began with a custody dispute in Cuyahoga County Domestic Relations Court over their young daughter.

Miller in May sued Moreno, accusing her and her attorneys of defamation over statements to news outlets in which she accused Miller of abuse. She asked Kennedy to toss out the case, but a ruling has not yet been made.

Moreno is the daughter of U.S. Sen. Bernie Moreno, a Westlake Republican.

Brito was also part of the team of Trump attorneys who sued the IRS over claims that the IRS improperly leaked Trump’s tax returns. The lawsuit initially sought $10 billion.

It settled with a $1.7 billion fund to be set up for Trump allies who believe they were targeted by the government for their affiliation with the president. Trump administration officials have since said they will not pursue setting up the fund.

Kathleen Miller, the Florida judge overseeing the case, ripped the lawsuit in a Monday order, saying it was a self-serving lawsuit, noting that Trump as president is in charge of the IRS.

“The nature of the suit itself and the conduct of the Parties and counsel from its filing make plain that this was an attempt to use the Court to provide some legitimacy to an agreement to confer immunity to people and entities affiliated with the President and to earmark billions of dollars from American taxpayers to redress grievances not defined in the law,” Judge Miller wrote.

The judge wrote that because Brito signed the lawsuit, she would refer him to the Florida Bar Association to investigate any wrongdoing. Disciplinary investigations can result in no findings of misconduct to permanent suspension of a law license.

“This matter was brought for an improper purpose— to gain the imprimatur of judicial legitimacy of a ‘settlement’ that had no viable basis in law or fact,” the judge wrote.