WASHINGTON — Attorneys for Rep. Max Miller confirmed their client fabricated testimony in court documents and during a court hearing to obtain a protection order against his ex-wife, prompting her attorneys to demand sanctions.
In February, attorneys for Miller (R-Ohio) submitted a statement from the congressman claiming that his girlfriend was present during a Feb. 1 custody exchange. At that meeting, Miller’s ex-wife, Emily Moreno — daughter of Sen. Bernie Moreno (R-Ohio) — alleged that he grabbed her by the arm and shoved her against a wall.
“Unbeknownst to [Moreno], my girlfriend, J.A., was present inside my home during the entire custody exchange,” Miller declared in the notarized Feb. 27 statement forcefully denying the abuse allegation.
“J.A. makes it a practice to remain out of sight at my home during custody exchanges with [Moreno] due to [Moreno’s] unpredictable, irrational, unhinged, and confrontational behavior.”
Miller further attested that his girlfriend “provided statements to DCFS [Department of Children and Family Services] and a private investigator confirming that she was present at my home on February 1 during the custody exchange” and that “she did not hear any commotion.”
Miller also pointed to surveillance footage, including from a Ring doorbell system, which he claimed showed Moreno was “in a good mood and showing no signs of having been the victim of any domestic violence.”
During a court hearing that same day, Miller was asked whether that footage showed that his “girlfriend was present immediately preceding the custody exchange.”
“Yes,” the lawmaker replied.
Nearly two weeks later, however, Miller’s attorneys contacted Moreno’s lawyers via email and informed them that “we learned that [the girlfriend] was in fact not likely present at Max’s home during the time of the child exchange.”
“We still, however, feel the video-recorded exchange demonstrates no altercation between Max and Emily.”
Miller’s attorneys did not answer questions from The Post about how their client could have mistakenly placed “J.A.” at his home during the custody exchange.
The Post has reviewed some of the footage cited by Miller and his lawyers. In the Ring video, Moreno can be heard saying “bye” and Miller telling the couple’s 2-year-old daughter “love you” as she departs with his ex.
“[These] videos are from immediately after the congressman allegedly abused Ms. Moreno. She is a liar,” Miller’s attorney Adam Brown told The Post.
“You can see from this video that Ms. Moreno was under no distress whatsoever; she was in an uplifted mood, telling their child to ‘say bye’ and that the congressman is nothing but a loving father saying ‘I love you’ to both his daughter and his ex-wife on their way out of the door.”
On Monday, Moreno’s lawyer, Andrew Zashin, demanded Miller’s legal team drop or amend the request for a protection order against Emily.
After Miller’s attorneys declined to do so, Zashin filed a motion on Wednesday demanding that a court sanction Miller’s lawyers and award Moreno attorney fees.
“Max Miller is trying to weaponize the law to avoid having his parenting rights reduced or terminated. He believes the best defense is a good offense. Max Miller will fail,” Zashin told The Post.
“The congressman’s civil domestic violence claims are meritless and only designed to use as leverage against his ex-wife in their contested custody case.”
The legal backstory
Miller had brought a domestic violence case against his ex-wife in a bid to block her from seeing their 2-year-old daughter while separate custody litigation from their nasty divorce plays out.
A judge agreed to issue a protection order for Miller against Moreno, but concluded there was no evidence “to issue an order to protect the minor child at this time.”
Moreno’s team has claimed that the alleged Feb. 1 confrontation was the second time Miller had assaulted their client during a custody exchange.
In the separate custody fight, Moreno’s team made filings with concerns about their daughter’s broken collarbone and bruised shoulder, which she allegedly suffered while the congressman was watching her.
“This is truly exhausting,” Miller vented to The Post when approached for comment. “I just want what’s best for my daughter. Please stop giving my previously diagnosed bipolar ex-wife so much attention. You all need to move on.”
Miller, who was elected to the House in 2022, served in multiple roles during the first Trump administration, including as associate director of the Presidential Personnel Office and special assistant to the president.
Miller, 37, tied the knot with Moreno in 2022 at Trump National Golf Club Bedminster in New Jersey. They split in 2024, and Miller agreed to pay $2,500 in monthly child support.
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