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Congressman Max Miller’s race gets dirty, with both sides objecting to attack ads

Congressman Max Miller’s race gets dirty, with both sides objecting to attack ads
Congressman Max Miller and Democrat Brian Poindexter
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COLUMBUS, Ohio — The race to represent Ohio's 7th Congressional District is only getting more combative. Now, a candidate has threatened to sue News 5 Cleveland.

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Congressman Max Miller’s race gets dirty, with both sides objecting to attack ads

"Thirty-four years in law enforcement tells me Max Miller does not belong in power," Summit County Sheriff Kandy Fatheree said in an ad posted to Democrat Brian Poindexter's social media.

In the thirty-second spot, Fatheree details some of the allegations coming out of embattled Congressman Max Miller's bitter divorce case.

"Court documents say Miller beat her, held a gun to her head," she said. "Child welfare found a broken collarbone on their 2-year-old, broken under his care and with suspicious bruising."

It's a race we've been covering for months: Miller's effort to keep Ohio's 7th Congressional District. It includes Cleveland's West Side suburbs, as well as Medina, Wayne and Ashland counties.

Watch related News 5 Cleveland coverage:

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Miller has continuously denied all accusations of violence.

"I have never done these things," Miller said in August. "These things have already been investigated."

Miller sent local TV stations, including News 5 Cleveland, a cease-and-desist letter, threatening a lawsuit if we air the ad.

In response to this, Poindexter ripped up the demand letter.

"He doesn't want people to hear the facts... Max Miller used his money and fancy lawyers to get himself out of his trouble his whole life, not this time," Poindexter said in a video posted to social media.

The WEWS-TV legal team evaluated the ad as we always do.

Federal Communications Commission rules prohibit stations from censoring ads purchased by candidates like Poindexter. Therefore, the ad will air.

TV stations are required to air campaign ads, even if they are misleading

RELATED: TV stations are required to air campaign ads, even if they are misleading

"The media can't act as a censor precisely because television, radio, newspapers all serve as forums," Case Western Reserve University Elections law professor Atiba Ellis said. "The media is obligated to air ads as part of ensuring a robust debate."

Miller isn't the only one claiming the attack ads are false. A group supporting House Republicans is set to spend nearly $5 million on ad buys, as they are going on the offensive.

"Brian Poindexter busted by police in a heavy drug zone," an ad just produced by Miller's campaign states. "Poindexter tried to hide the evidence by swallowing rocks of crack cocaine."

Although he was never charged, a 1998 Cleveland police report shows Poindexter, then 18, was arrested under suspicion of possessing crack cocaine.

"Poindexter wants to go from crack to Congress," the ad says. "His rap sheet is too much to swallow."

We reached out to Poindexter's campaign, but they didn't respond to comment before our deadline. The candidate has passed random drug tests as a union ironworker for the past 20 years, his team has said.

Previously, their campaign told other outlets that it was all "lies," and "any implication that Brian has used hard drugs is false."

The candidate has not been deterred by ads, he told supporters, and he submitted his resignation from his post on Brook Park city council this weekend.

"I need to focus full time on winning that race," Poindexter said.

The Sheriff ads are set to air this week.

Follow Statehouse and Columbus bureau reporter Morgan Trau on X, Instagram and Facebook. Email her at Morgan.Trau@wews.com.