Cruz, who has a law degree from Harvard, is wrong on the basic facts, and he's being widely mocked for it.
As many are pointing out, first, Attorney General Garland appointed Jack Smith as Special Prosecutor. Smith, who was appointed as Acting U.S. Attorney by Donald Trump in 2017, will make the decision on whether or not to present charges to a grand jury. The grand jury, not Garland and not Smith, will make the decision on whether or not to indict Trump.
Also, whether or not Garland has any anger about not being confirmed by the U.S. Senate, that anger would rightly be pointed to then Senate Republican Majority Leader Mitch McConnell, who took the unprecedented step of refusing to even allow a committee hearing to consider his nomination.
McConnell did that in early 2016, even before Trump was the GOP's presidential nominee. Trump had nothing to do with blocking Garland's nomination to the U.S. Supreme Court.
"This is dangerous," warned foreign policy and intelligence expert John Sipher, who spent nearly three decades in the Central Intelligence Agency’s National Clandestine Service. "He knows what he’s doing and he’s risking violence."
After Cruz's Fox News appearance, he posted video of his own remarks and baselessly tweeted, "Merrick Garland is the most partisan Attorney General in American history. He has corrupted the DOJ, the FBI, and the machinery of government. And now, out of nothing but a sense of hatred and political retribution, Garland is trying to indict Trump."
Later, on Tuesday he added, "Merrick Garland has corrupted the Department of Justice and effectively turned it into an arm of the Democratic National Committee. The FBI and DOJ want to protect and insulate Joe Biden and the Biden family's corruption."
None of his allegations have any basis in publicly-known fact.
Cruz came under fire in 2021 after advising Trump's legal team during the ex-president's second impeachment, even though he would also be a juror – and supposedly impartial – in Trump's Senate trial. In December of 2020 Cruz told Trump he would "be happy" to argue a proposed Supreme Court lawsuit designed to keep Trump in power despite having lost the election one month earlier.
Author Cliff Schecter labeled Cruz's claims on Fox News, "Complete horses*t, which is Ted's brand."
"But, if true, Garland would be doing more re his SCOTUS rejection than @tedcruz did when Trump called his wife ugly," he added. "Ted doesn't get why Garland wouldn't just make hostage video phone calls for Trump's campaign."
Historian and author Kevin M. Kruse: "The line that 'they're only indicting Trump for the crimes Trump clearly did because they hate Trump' is pathetic when it comes from Trump himself, but Jesus Christ, it is twelve kinds of sad when it comes from one of his lickspittles."
Reporter and award-winning columnist David Lazarus noted, "Republicans keep insisting Trump is being investigated and prosecuted because people in power hate him. That's one theory. Or Trump is being investigated and prosecuted because he kept breaking the law."
Lincoln Project co-founder Jennifer Horn, a former New Hampshire Republican State Committee chair, blasted Cruz.
"I'm sure it has nothing to do with classified documents or inciting an insurrection," she said, referring to the two major portions of Smith's investigation. And referring to Cruz's infamous exit during a state-wide crisis when he hightailed out to Cancun, she asked: "Isn't there a beach in Mexico waiting for you?"
Watch video of Cruz above or at this link.