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In a sworn deposition, Rep. Max Miller was silent on staircase assault allegation

October 1, 2026
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In a sworn deposition, Rep. Max Miller was silent on staircase assault allegation
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AP/Tom Williams

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During a sworn deposition on Monday, Rep. Max Miller (R-Ohio) declined to answer repeated questions from one of his ex-wife’s lawyers about whether he pushed a girl down a staircase during high school.

The deposition, first reported by Mother Jones, was part of his ongoing court battle over custody of the two-year-old daughter he shares with Emily Moreno, daughter of US Sen. Bernie Moreno (R-Ohio). Emily Moreno has accused her ex-husband of assaulting her multiple times. He has also been accused of being violent toward two other women and was investigated by Ohio authorities for potential child abuse, though that claim was deemed “unsubstantiated.”

In July, Mother Jones published an investigation into Miller based on a trove of police and court documents. Among the records were claims that Miller tossed boiling water at Moreno, held a gun to her head while she changed their daughter’s diaper, and shoved her against a wall, resulting in bruises.

In these filings, Moreno’s lawyers also brought up an alleged incident from high school—previously reported by Politico and subsequently by Mother Jones—in which Miller was said to have pushed a woman down the stairs after she rejected his physical advances.

“With eight to 10 friends at Miller’s house, Miller pushed a girl out the door of his room and she fell down some stairs after he became enraged when she resisted his attempts to touch her, according to three people who were there and many more who heard about the incident in the aftermath,” wrote journalist Michael Kruse in 2021.

Reached by text message this summer, the woman in question told Mother Jones that while the event “happened 20 years ago,” it remains “one of the more traumatic nights of my life.”

In interviews and statements, Miller has denied ever behaving violently toward women, including his ex-wife and the woman from high school.

Testifying under penalty of perjury this week, Miller was repeatedly instructed by his lawyers to remain silent on the staircase allegation:

Moreno’s lawyer: Where did you go to high school?

Miller: Shaker Heights.

Moreno’s lawyer: Isn’t it true there was an incident in high school where you pushed someone down the stairs —

Miller’s lawyer: Objection.

Moreno’s lawyer: Yes or no?

Miller’s lawyer: Don’t answer that.

Moreno’s lawyer: You’re instructing him not to answer?

Miller’s lawyer: I am instructing him not to answer that.

Moreno’s lawyer: Can you instruct him to answer the question, please?

Miller: It predates December 18th of ’25. [The] judge made several rulings.

Miller’s lawyer: Max, I got it.

Moreno’s lawyer: Can you instruct him to answer the question, please?

Court reporter: You are so instructed.

Miller’s lawyer: Take it up with the judge.

Moreno’s laywer: If the incident never occurred, why are you afraid of answering the question?

Moreno’s lawyers kept pushing, but Miller took his counsel’s advice. “Max,” his attorney Pamela MacAdams said. “Do not respond.”

During the deposition, Moreno’s lawyers also asked Miller about alleged testosterone use.

Moreno’s lawyer: Are you currently taking testosterone?

Miller: No.

Miller explained that he previously utilized testosterone replacement therapy after obtaining a prescription online. “It is legal,” he said, adding that he has not taken testosterone in two years.

Moreno’s lawyer: Do you understand that the side effects for testosterone replacement therapy include irritability, mood swings, or increased aggression; yes or no?

Miller: No.

Moreno’s lawyer: No one ever informed you about the side effects of taking testosterone replacement therapy?

Miller: They did, but they said where my test levels were is that this would get it back to normal so that it wouldn’t be above [the] normal baseline of testosterone. So essentially, what they were saying is this would help my overall functionality and getting a little bit [of] energy back.

Miller told Moreno’s attorney, a Marine veteran, that taking testosterone is “very normal.”

“And now, Secretary Hegseth has [advised] it for all of the men 30 and over in the military to take it,” Miller added, somewhat misconstruing Pete Hegseth’s instruction for all men in the military over 30 to have their testosterone levels tested. “As you know, Marine.”



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Tags: AllegationassaultdepositionMaxMillerRepsilentstaircaseSworn
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