Trump’s lucky Merrick Garland is the one deciding whether to indict him

B. Jay Cooper
4 min readSep 1, 2022

Donald J. Trump doesn’t know exactly how lucky he is that Attorney General Merrick Garland will make the ultimate decision on whether the former president is indicted.

Garland by various measurements done when he was nominated to the Supreme Court by then-President Obama was a moderate. At best, or worst depending on your view, he was moderate-to-liberal. His record as a judge, the clerks he hired and other measurements used make him a solid moderate. Yes, he was nominated by the liberal Obama but it’s not certain how he would have voted on issues that came before the Court.

Then-Majority Leader Mitch McConnell blocked Garland’s appointment not because he was certain that Garland would vote to maintain abortion as a right, but because he knew Garland would vote based on the law. Roe v. Wade was settled law just as nearly every Republican nominee has led the Senate and the country to believe they thought too.

And this Supreme Court, dominated by Trump appointees but wholly supported and recommended by McConnell, voted to end that right to abortion based on the views of right-wing conservatives who fought years to have it taken away and his religious base which supposedly wants abortions banned in all forms, even incest.

Just ask Republican Sen. Susan Collins what she thought the Trump nominees were testifying to in their hearings. She’ll tell you but then won’t do anything different in the future or say the…

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B. Jay Cooper

Former deputy White House press secretary (Reagan and Bush 41) and former head of communications at Republican Natl Committee. My blog: bjaycooper.com.