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Ohio Congressional Race Heats Up as TV Stations Air Contested Attack Ad

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The Disputed Attack Ad

On a Tuesday morning, Cleveland-area stations WKYC, WEWS, WJW and WOIO broadcast a 30-second spot funded by Democratic candidate Brian Poindexter and the Democratic Congressional Campaign Committee. The ad features a local sheriff with 34 years in law enforcement reading a list of abuse allegations made by Emily Moreno, the ex-wife of incumbent Rep. Max Miller (R-OH). The sheriff states that Moreno has a restraining order against Miller and recounts accusations that Miller held a gun to her head, threw hot water at her, and caused a broken collarbone to their two-year-old daughter.

Miller’s legal team, led by attorney Alejandro Brito, sent a cease-and-desist letter to WKYC the previous week, demanding that the stations not air the ad because it contained “false, malicious, and defamatory statements.” The stations aired the ad despite the warning, citing Federal Communications Commission rules that prohibit broadcasters from censoring candidate-paid advertisements.

Background to the Legal Fight

The controversy stems from a long-running divorce and custody battle between Miller and Moreno. Moreno filed a restraining order alleging that Miller physically grabbed her attorney during a hearing and used a profane slur toward the attorney’s fiancée. Both parties have filed restraining orders against each other, and an agreement set future depositions at neutral sites.

Miller is under investigation by the House Ethics Committee, and the Cook Political Report recently shifted the 7th District race from “likely Republican” to “toss-up,” reflecting the impact of the abuse allegations on the campaign.

Key Figures

  • Rep. Max Miller — Republican incumbent for Ohio’s 7th Congressional District, under House Ethics Committee investigation.
  • Brian Poindexter — Democratic challenger.
  • Alejandro Brito — Attorney for Rep. Miller.
  • Abigail Angelos — Spokeswoman for Miller’s campaign.
  • Emily Moreno — Miller’s ex-wife and mother of their daughter, accuser of abuse.
  • Sen. Bernie Moreno — Father of Emily Moreno, Republican U.S. Senator from Ohio.

Data & Statistics

  • Four Cleveland television stations aired the ad.
  • Runtime: 30 seconds.
  • Co-sponsored by the Democratic Congressional Campaign Committee.
  • Miller’s campaign ran a counter-ad funded by the National Republican Congressional Committee.

Official Statements & Responses

Miller’s attorney Alejandro Brito called the ad “deliberately designed” to attack Miller and warned that WKYC could face punitive damages if it proceeded.

Poindexter publicly tore up the cease-and-desist letter on camera and reiterated the allegations, framing the legal threat as an attempt to suppress “the facts.”

The Democratic Congressional Campaign Committee confirmed its financial support for the ad, while the National Republican Congressional Committee funded Miller’s rebuttal advertisement.

Conflicting Reports & Gaps

The ad claims a restraining order exists against Miller. Miller’s spokesperson says no such order was placed, describing the claim as “patently false.” The sheriff narrator asserts that a restraining order does exist. Sources differ on whether a court-issued restraining order against Miller is on record, and no independent verification is provided in the available reports.

Verbatim Quotes

  • “Max Miller used his money and fancy lawyers to get himself out of his trouble his whole life. Not this time,” — Brian Poindexter
  • “I just got ahold of Max Miller’s letter threatening to sue about our new ad,” — Brian Poindexter