Max Miller

I heard from some readers in recent weeks asking why our newsroom was not reporting the anonymously sourced domestic abuse allegations against Congressman Max Miller that were published by some tabloids.

Then, this week, I heard from a few readers who wanted to know why our newsroom did report those abuse allegations when Miller’s ex-wife, Emily Moreno, made them in affidavits filed in court.

This case is an ideal example for illustrating some basic journalism and defamation principles.

Miller and Moreno are involved in a bitter child custody case. Divorced couples often make ugly accusations against each other during and after the collapse of their marriages, and journalists know to be wary in covering them.

The central allegation is that Miller threw scalding water at Moreno from a pan on the stove when she told him two years ago that she was leaving him. She says she fell to the floor in a fetal position, and Miller then used the spray hose from the kitchen sink to aim more water at her.

The allegations were reported earlier this year in the Daily Mail and other outlets based on unnamed sources. When we learned of them, we checked for police reports and anything in the court record, but Moreno now says she didn’t report the hot water incident to police because she did not think anyone would believe her.

Consequently, we did not have any sources – let alone reliable sources – saying Miller had physically abused Moreno. And even if we had the anonymous sources used elsewhere, we likely still would not have reported the allegations.

Accusing someone falsely of domestic violence is defamatory. If we reported based on anonymous sources that Miller abused Moreno, he could sue us for defamation. And if we, in defending ourselves, could not produce a witness to affirm the allegations on the record, we would, quite likely, lose the defamation case.

There’s also the fairness issue. Is it fair to report allegations of domestic violence against Miller without saying where those allegations originate? How can he defend himself against an anonymous accuser?

But, like I said, we didn’t even have an anonymous source. The only way we could have reported the allegations when the tabloid did would have been to attribute the claims to the tabloid. That would have been irresponsible without knowing their sources.

We did eventually report the allegations, with almost no detail, when Miller sued Moreno for defamation, accusing her of telling the tabloids about the abuse allegations. We did not repeat the details of those allegations, though, because we had no source to base them on and Miller, in his lawsuit, flatly denied them.

What changed this week was that Moreno filed a 110-page response to Miller’s defamation suit, going on the offensive. It included details of the hot water incident, photos she took of what she said documented his abuse on her belly, arm and neck and a hand-written apology letter by Miller. It also includes a Bay Village police report on an interview with a Cuyahoga County child protection worker and Moreno, in which Moreno told the officer of multiple instances of abuse, including that Miller had held a gun to her head. (Moreno’s and Miller’s names are blacked out in the report, but Moreno says in her affidavit that it is about her and her ex-husband.) In her filing, Moreno also denies speaking with the any reporters about the abuse.

Suddenly, we not only had a source for the allegations, we had the actual accuser on the record, in sworn affidavits, with supporting material. The filing included an affidavit from a witness who said Moreno told her about the hot water incident not long after it happened.

We don’t publish many stories about domestic violence accusations. Because these allegations are against a sitting member of Congress who is seeking re-election, they are news. Voters deserve to know the details and decide for themselves whether they believe them.

Also of note here is that Moreno is the second former partner of Miller to accuse him of abuse. This also is the second time Miller has sued a former partner for accusing him of abuse. Again, that is information voters deserve to know.

After I thought I had completed this column, on Thursday, Miller offered an interview to our veteran Washington D.C. reporter, Sabrina Eaton. She agreed to talk to him, interested in his thoughts on the court filings but also hoping to get insight into the challenges of campaigning these days as a Donald Trump disciple, given the president’s unpopularity. Miller used the interview to further disparage his former wife.

Sabrina wrote up a story for editors to consider about Miller’s statements. We, however, are not a campaign publicity arm for any candidate. No one gets a free swing like that, especially when the statements could be defamatory. Miller made his case in his lawsuit. Moreno responded. If Miller chooses to rebut Moreno’s claims in court, we will cover it.

When the Miller campaign was informed we would not publish a story, his representative notified us that they might release a transcript of Sabrina’s interview. I saw that as further evidence that Miller was just trying to use us to further criticize his ex-wife.We live in a time when many voters look past serious questions about a candidate’s conduct and decide that party loyalty matters more. Quite possibly, some voters will care only that Miller is a Republican and vote based on that.

I do believe, however, that for many voters in Northeast Ohio, the character of a candidate matters. Those voters will have to decide whether Moreno’s allegations against Miller raise enough questions about Miller to lose their votes. Our job is not to decide that question for them. Our job is to make sure they have the documented facts they need before they vote.

I’m at [email protected]

Thanks for reading.