On Tuesday, August 4, Ohio Congressman Max Miller did something members of Congress almost never do. He asked the House Ethics Committee to investigate him.
"In light of all the renewed interest in my family affairs I am going to file my own paperwork for an ethics investigation into myself to clear my name from these horrific attacks on myself and family. I have absolutely nothing to hide."
Hours later, the committee said yes.
It announced it had opened an investigation into whether Miller "may have engaged in domestic violence and abuse or illegal drug use in violation of the Code of Official Conduct," NBC News reported.
That is not a headline that clears anyone's name. Miller wanted a piece of paper saying he was exonerated. What he got is a formal, open congressional investigation into whether he beat his family and used illegal drugs — now on the record, with his own signature requesting it.
The last guy who tried this got censured
Lawmakers don't ask to be investigated, because the investigation is the punishment. But it has happened before, and the precedent is not encouraging for Miller.
In 2008, House Ways and Means Chairman Charlie Rangel asked the Ethics Committee to look into allegations that he'd misused congressional letterhead. Two years later the committee found he had violated 11 separate House ethics rules. He had to give up his Ways and Means gavel, the full House censured him, and he did not seek reelection in 2016.
Rangel asked about letterhead. Miller is asking about domestic violence and drugs.
An ethics investigation takes weeks or months. The House is on August recess and doesn't come back until September. Whatever this produces, it will not produce it before voters in Ohio's 7th District decide whether to reelect him.
Trump already made the call
While Miller was telling the public he has nothing to hide, the President was telling him something else privately.
Trump phoned Miller on Monday night and expressed doubts about his candidacy, three sources told Axios. On the call, Trump told him "things aren't looking good," and said repeatedly that his reelection would be tough.
Miller told the President he's staying in. He said his own polling showed him in solid shape.
The gap between what Trump said on that call and what he said in public is the whole story of how Miller's party is handling this. Publicly, hours before the call, Trump called it "a very sad thing" and said Miller is "a good person." Privately, he was telling him the race was slipping away.
Miller was a Trump White House aide. He married Emily Moreno at Trump's Bedminster golf club in 2022, and Trump endorsed him for Congress that same year. When even that relationship produces a "things aren't looking good" phone call, it is a signal about the numbers, not about anyone's conscience.
The document dump that exposed his own daughter
Here is what happened when Miller decided to prove his innocence himself.
On Sunday he livestreamed a 15-minute defense and posted a Dropbox folder of documents online to back it up. On Tuesday, his own attorney, Aaron Minc, took responsibility for what was in that folder.
A lawyer for Emily Moreno wrote to Minc saying the files left the couple's 2-year-old daughter's name unredacted and included a private image of the child. Minc called the release "completely unintentional and a mistake" and said, "I am solely responsible for what happened," according to POLITICO. The image was later removed. Moreno's lawyer wrote that the post linking to the folder drew more than 204,000 views before it came down. Minc disputes how the other side characterized the photo.
Sen. Bernie Moreno — Emily's father, the child's grandfather, and a sitting Republican senator from Miller's own state — was not measured about it.
"To say 'oops' is grotesque."
Moreno told reporters he believes the release was a felony, and that everyone who transmitted the photo should go to jail.
Miller's plan to clear his name resulted in his own lawyer apologizing for putting an image of his 2-year-old on the internet.
The clock, and what it's really about
There is a hard deadline in Ohio law, and it explains why the pressure got loud this week.
Under Ohio statute, if a primary winner is going to be replaced on the November ballot, he has to withdraw and a new candidate has to be named "not later than four p.m. of the eighty-sixth day before the day of the general election." As Mother Jones laid out, that is 4 p.m. Monday, August 10.
After that, Republicans are stuck with him on the ballot no matter what the Ethics Committee finds.
That deadline is why former Ohio Attorney General Dave Yost posted that the allegations are "much bigger than one race for one House seat," pointing to the narrowness of Republican control of the House. It's an honest description of what his party is actually weighing. Not whether the allegations are true — whether the seat can be held.
Miller's answer, delivered on that Sunday livestream: "I'm not getting out of this race, and I'm winning in November."
What the allegations are
None of the above is the underlying story. The underlying story is what's in the court records.
Mother Jones reviewed thousands of pages of court filings and police records in which Emily Moreno accuses Miller of scalding her with hot water, shoving her against a wall, and holding a gun to her head. We went through 2,000 pages of those records when they surfaced, including a child abuse investigation into the 2-year-old's broken collarbone that was ruled unsubstantiated. Miller has denied every allegation, strenuously and repeatedly. No criminal charge has been filed against him.
In his own livestream defense, Miller released audio recordings and transcripts he said proved his case. In one, Emily Moreno tells him she believes he has a drug problem and that she found needles by his bed. In another, Miller says he was injecting himself with testosterone. Those are the recordings he chose to make public, in his own defense.
A spokesperson for Moreno said Miller is lying "about his ex-wife to desperately try to save his political career."
Two Republicans, one week
There were two House Republicans in exactly this spot this week.
North Carolina's Chuck Edwards, facing a censure recommendation over his conduct toward two young staffers, dropped out of his race on Wednesday. His party told him the math didn't work, and he went.
Miller got the same call from a more powerful person and stayed. The Democratic Women's Caucus had already asked the Ethics Committee to open a case last week; his own filing came after theirs. Sen. Roger Marshall of Kansas told Politico, "He should resign. He should quit." Sen. Shelley Moore Capito said that if Moreno thinks he ought to resign, "I'm supportive of that."
Miller's own former father-in-law, a sitting Republican senator, put it this way: "If there are any basic standards of character required to hold elected office, Max Miller fails them."
Ohio voters in the 7th District now have until Monday afternoon to find out whether their party will give them anyone else to vote for.
Sources
- "Embattled GOP Rep. Max Miller requests an ethics investigation into himself" — Scott Wong, Frank Thorp V and Ryan J. Karlin, NBC News, August 4, 2026
- "Scoop: Trump tells Max Miller his candidacy is in trouble" — Alex Isenstadt and Marc Caputo, Axios, August 3, 2026
- "Max Miller's lawyer admits to accidentally releasing 'private images' of daughter" — Mia McCarthy and Riley Rogerson, POLITICO, August 4, 2026
- "Rep. Max Miller's Withdrawal Window Closes in Six Days" — Mother Jones, August 4, 2026
Photo: Mother Jones.
