Miller, whose ex-wife was not listed as a complainant in the suit, filed the lawsuit in 2025.

Miller, an Ohio congressman and former Trump staffer, is in a child custody battle with his ex-wife Emily Moreno, Sen. Bernie Moreno’s, R-Ohio, daughter.

Lawyers for Miller’s ex, Emily Moreno, said the image of the couple’s 2-year-old is possible “Child Sexual Abuse Material.”