Ohio Rep. Max Miller’s audio recording to the New York Post on June 3, 2026, appears to undermine his own defamation lawsuit against his ex-wife Emily Moreno, who has accused him of throwing scalding water on her during a June 2024 incident. In the recording, Moreno explicitly tells Miller he abused her with “steaming hot water,” and Miller does not deny the act, instead saying “I didn’t mean to hurt you. It wasn’t done with intent.”
Moreno, the daughter of Senator Bernie Moreno, accused Miller of physical abuse in court filings after their divorce was finalized in December 2025. In her May 26 affidavit, she testified that on June 8, 2024, after telling Miller she was leaving him, he “took hot water from a pan he had just cooked eggs in and threw it at me. Shocked, I fell to the floor and lay there in a fetal position. Congressman Miller took the sprayer from the sink and continued to spray me with hot water.”
Miller filed a $25,000 defamation lawsuit against Moreno and her attorneys in May 2026, claiming her abuse allegations damaged his reputation. He denied the allegations during a June 5 television interview with Spectrum News, stating “They’re false allegations. Our divorce was finalized in December 18 in ’25. No police reports were ever filed.”
The couple had married in August 2022 at Trump National Golf Club in Bedminster, New Jersey, with President Donald Trump in attendance. Their bitter custody dispute over their now 2-year-old daughter has consumed their legal relationship since the divorce filing in August 2024.
Moreno’s legal team filed the audio recording with the court as part of her anti-SLAPP motion under Ohio’s Uniform Public Expression Protection Act (UPEPA) on June 4, 2026. According to Chandra Law Firm, which represents Moreno, the recording reveals Miller explicitly consented to Moreno sharing evidence of his actions. On the tape, Miller states: “If you want to accuse me of abuse by showing photos and no video evidence of something that I wasn’t even being abusive for, by all means, go ahead and do that.”
Under Ohio defamation law, truth and substantial truth are absolute defenses. Moreno’s attorneys argue that whether the water was boiling or steaming, Miller’s own recording confirms he soaked her with hot water. The filing also contends that Miller is “defamation-proof” under Sixth Circuit legal precedent, noting his public reputation for volatile behavior has been extensively documented by national media outlets over years, including previous abuse allegations from former White House Press Secretary Stephanie Grisham.
Miller has also been accused of violating a June 1, 2026 court order banning both parties from using third parties, social media, and electronic devices to threaten, harass, or annoy each other. His leak of the audio to the media prompted a contempt motion from Moreno’s legal team.
The case, captioned Miller v. Moreno, et al., is pending in Cuyahoga County Court of Common Pleas before Judge Joy Kennedy. Miller’s defamation lawsuit faces dismissal if Moreno’s anti-SLAPP motion succeeds, which would also require Miller to pay her attorney fees and costs under Ohio law.
Sources
- Spectrum News — Rep. Max Miller’s June 5, 2026 television interview denying abuse allegations and discussing his custody battle with ex-wife Emily Moreno
- Chandra Law Firm — Legal analysis and court filings documenting the audio recording, Emily Moreno’s affidavit testimony, and the anti-SLAPP motion filed June 4, 2026
- New York Post — June 3, 2026 publication of audio recording personally provided by Congressman Miller to the outlet
- Cleveland.com — May 30, 2026 editor’s letter explaining the newsroom’s decision to wait until court filings before reporting the abuse allegations
- Politico — May 14, 2026 report on Miller’s defamation lawsuit seeking $25,000 in damages against his ex-wife and her legal team
