Max Miller

Most attorneys know that sometimes the most dangerous thing you can do in a courtroom is force the other side to respond, and Congressman Max Miller is learning that lesson this week, say the hosts of the Today in Ohio podcast.

In a stunning development, Miller’s ex-wife Emily Moreno has filed a sweeping 110-page court response to his defamation lawsuit — disputing his claims and going on the offensive with allegations of physical abuse, photographic evidence, and what her legal team describes as a handwritten note from the congressman himself.

“Emily Moreno is saying in an affidavit that Miller physically abused her by throwing hot water on her chest. And she has photographs” of what she says is proof, red splotches on her stomach and upper chest.

The filing also includes what Moreno’s attorneys say is a handwritten note from Miller that amounts to an apology — now part of the official court record. Moreno says she didn’t report the scalding water incident to police because she didn’t believe anyone would believe her.

Her restraint, it turns out, may have been undone by Miller’s own legal strategy.

Quinn noted the bitter irony at the center of this story: by filing a defamation lawsuit, Miller essentially forced a confrontation that had previously existed only in tabloid whispers and unattributed rumors. What was once legally risky for journalists to report — because it lacked credible on-the-record sources — is now sworn testimony in a federal court filing.

*“You’ve got to wonder what he was thinking when he filed the lawsuit, because up until now… she has never done anything to publicly say he abused me. But when he sues her for defamation, she’s going to swing back.“*

Moreno’s legal team, led by prominent attorney Subodh Chandra, invoked the Streisand effect in their filing — the well-documented phenomenon where attempts to suppress information end up amplifying it far beyond its original reach. In their motion, they argue that Miller is “a powerful, affluent congressman” who is “attempting to crush his critics, intimidate his accusers, and silence the victims of his own misconduct,” Johnston said.

Miller’s office responded by saying he remains focused on “protecting the best interests and privacy of his daughter.”

Quinn said another problem for Miller is that this is not the first time he’s dealing with abuse allegations from a former partner. And it is the second time he is suing a former partner for defamation over abuse allegations.

Johnston said Miller could be in a competitive race, and now, what was once deniable background noise is a documented, on-the-record abuse allegation. Voters are likely to pay attention.

Listen to the episode here.

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