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Rep. Max Miller did not answer a question about an alleged high-school staircase incident during a sworn deposition, according to a Mother Jones report republished by The College Voter. His lawyer instructed him not to answer. That exchange does not establish that the alleged incident happened.
What happened in the deposition exchange?
Mother Jones reporter Abby Vesoulis reported that, during a deposition in the week before the report was published on October 1, 2026, a lawyer for Miller’s ex-wife, Emily Moreno, asked whether he had pushed someone down stairs in high school. The deposition was part of an ongoing custody dispute concerning the couple’s daughter.
The College Voter’s republication of the report gives the exchange as follows:
Moreno’s lawyer: “Isn’t it true there was an incident in high school where you pushed someone down the stairs —”
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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.”
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The report also quotes Miller’s attorney telling him, “Max, do not respond.” In the published account of this exchange, Miller did not answer the allegation. The account is not a substitute for the deposition transcript; the underlying transcript was not located.
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What does his silence establish—and what does it not?
It establishes that, as Mother Jones reported the exchange, Miller’s lawyer instructed him not to answer and he did not answer the question. It does not establish that the alleged stairway incident occurred. The question was an allegation, not a finding, and the exchange alone does not resolve its truth.
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The report says the incident had been reported previously by Politico and recounts accounts attributed to people who said they were present or had heard about it. It also says Miller has denied behaving violently toward women. Those are distinct claims and accounts; none turns his non-answer in this deposition exchange into proof.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What is known about the legal record?
The report places the deposition in the custody dispute but does not provide the complete testimony or establish an adjudicated finding about the staircase allegation. The underlying deposition transcript and relevant court filing were not located for this account, so the full legal context and sequence cannot be independently assessed here. The available report supports describing the exchange and the allegation’s status, not drawing a conclusion about whether the event happened.
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