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Exclusive | Rep. Max Miller accused of trying to goad lawyer into brawl as nasty details emerge of spat between his mother, estranged wife
Ryan King · 2026-05-18 · via New York Post

WASHINGTON — Rep. Max Miller has been accused of attempting to bait his estranged wife’s attorney, Andrew Zashin, into a fight during a shocking courthouse encounter earlier this month, while The Post has learned stunning new details about a nasty spat between Miller’s mother and his former spouse, Emily Moreno.

Following a pre-trial hearing on May 7, Miller (R-Ohio) allegedly approached Zashin while his attorneys tried to calm him down.

“[Miller] referenced Attorney Zashin’s fiancée by name, stated that she was ‘not much of a looker,’ or similar language, and further insinuated that she was a prostitute by claiming that he could find lots of women like Attorney Zashin’s fiancée on a street corner for $10,” Moreno’s legal team alleged in a court brief.

“[The congressman] was very clearly trying to provoke Attorney Zashin and incite a confrontation between the two individuals,” the brief added. “Attorney Zashin did begin to turn around to reasonably request that [Miller’s] Attorney [Larry] Zuckerman control his client.”

“[Miller] continued to goad Attorney Zashin into a confrontation by saying ‘Come at me!’ or similar language. Attorney Zashin did not engage and exited the Courthouse.”

Representative Max Miller walks through the US Capitol carrying a drink.

Rep. Max Miller easily breezed through his GOP primary for reelection earlier this month. Bloomberg via Getty Images

Headshot of Andrew Zashin, Ohio divorce lawyer.

Andrew Zashin is a prominent regional attorney who specializes in family law. Zashin Family Law / LinkedIn

Miller, who has served in Congress since 2023, is in the middle of a bruising custody battle and domestic violence case against his former wife, the daughter of Sen. Bernie Moreno (R-Ohio).

Miller and Emily Moreno married in 2022, divorced two years later, and share a two-year-old daughter.

A Miller-aligned source in the room claimed that the congressman “stood up for [his] girlfriend” and was peeved by Zashin’s prior attacks on her — including an alleged rude reference to fellatio.

“Was it the best choice of words?” the source said of Miller’s reaction. “No, but I think anyone who is defending their spouse or their loved one who’s under attack for no reason [will get emotional].”

Miller previously falsely claimed in court and in a sworn statement that his girlfriend was present during a Feb. 1 custody exchange, during which Moreno accused Miller of shoving her.

The congressman has denied shoving his estranged wife, and his team claimed his erroneous statements were an honest mistake.

Max Miller and his wife Emily Moreno looking at an ultrasound image.

Max Miller and his ex-wife are in the middle of a messy custody fight. Max Miller / X

Zashin’s own lawyer, Monica Sansalone, told The Post that her client “stands by his filings in court on behalf of his client” and that “the accusations against him are baseless.” Zashin himself declined comment.

Miller has previously sued Zashin and Emily Moreno for defamation over her abuse accusations.

Emily’s legal team cited the May 7 confrontation between Miller and Zashin in a legal brief arguing for a restraining order against the congressman. A ruling on that matter is pending.

“Max Miller’s public meltdown is becoming increasingly concerning and embarrassing as he spirals completely out of control,” Moreno spokesperson Stefan Mychajliw told The Post.

“His latest incident, attempting to start a fight with a lawyer in a courthouse, shows just how erratic and unstable he has become,” Mychajliw added. “Emily remains committed to reaching a peaceful resolution out of the public eye, both for her safety and his.”

‘Going to knock your f—ing teeth out’

The Post has also discovered new details about an ugly argument between Emily Moreno and Miller’s mother, Barb, in January 2025.

On Jan. 30, 2025, during Miller’s time to care for the couple’s daughter, he left her under Barb’s supervision while he was away. A shared parenting plan that was signed weeks prior and has been reviewed by The Post stipulated that the “Father’s mother shall not serve as the child’s babysitter,” though the reasons for this provision are unclear.

Emily Moreno stopped by the house and quickly grew enraged by what a source familiar with her mindset says she felt was a flagrant violation of their shared parenting plan.

Moreno, who was accompanied by her mother, Bridget, attempted to take her daughter away, prompting Barb to call the police.

“I’m going to knock your f—ing teeth out,” an emotional Emily fumed in response, per a police report. “You are not [my daughter’s] Grandmother and never will be.”

Emily Moreno, Deputy Director of State Action, smiles in a headshot.

Emily Moreno was outraged when she discovered that Max Miller’s mother was left in charge of their daughter. America First Policy Institute

“I’m going to f—ing punch you. I’m going to knock you out,” she was also accused of saying during the heated exchange.

Although the names are redacted in the police report, the document appears to indictate that Emily Moreno accused Barb Miller of having a “drinking problem and memory issues,” accusations Miller’s team has disputed.

The report also noted that another babysitter was present at one point, but was told “she could go home and she left.” It is unclear who gave that instruction due to redactions and conflicting accounts.

During an interview with police, Emily Moreno explained that she made the threats against Miller’s mother “if she touched me” and accused Barb of trying to grab her as she attempted to leave the house with the 2-year-old.

The responding officer noted that Moreno “would not be facing charges due to saying what she said under duress.”

“Emily Moreno, if she doesn’t get her way, it’s her way or the highway, and she wanted to take [the] daughter when it wasn’t her time, and no one could tell her no, except for the cops,” a source close to Miller said.

Despite the shared parenting agreement forbidding her from babysitting, another Miller-aligned source claimed the lawmaker’s mother didn’t have a tense relationship with Emily before the January 2025 incident and “didn’t have a problem with anyone.”