Special counsel Jack Smith is "toast" after President-elect Donald Trump's win this week, but the new administration shouldn't go after Smith for his investigations unless it can be proven that Smith "staged something that wasn't true," conservative commentator and best-selling author Bill O'Reilly said on Newsmax on Friday.
"He'll be out of there shortly," O'Reilly said on "Newsline" of Smith, who has been pursuing investigations for months against Trump. "I don't think if I were anybody in the Trump administration, I'd go after Smith."
A federal judge on Friday allowed a request from Smith to suspend the deadlines in Trump's election interference case, in a move after the special counsel started discussions with the Department of Justice about winding down the federal criminal cases against the president-elect, The Hill reported.
Trump is facing four felonies in which he is accused of conspiring the subvert the results of his 2020 election against Joe Biden. Trump has pleaded not guilty to all charges.
The president-elect's attorneys are to submit written arguments by Nov. 21 on whether the indictment on Trump can stand after the Supreme Court's ruling allowing presidential immunity.
O'Reilly told Newsmax that he does not believe it would "move the country into a good position" for the new administration to go after Smith, unless there is evidence under Trump's DOJ that shows the American public "that this guy set up something or staged something that wasn't true."
But if it's "just a fishing expedition, I'd let it go," said O'Reilly, the co-author of a new bestseller, "Confronting the Presidents: No Spin Assessments from Washington to Biden."
He added that it's safe to assume that there will be no further federal cases against Trump.
"The only two that remain then are Georgia, which is a mess, and New York, which will be blocked," said O'Reilly.
Further, Trump is scheduled to be sentenced in New York next week, but since he won the election, "that sentencing is not going to happen," O'Reilly said.
O'Reilly also discussed Trump's transition, and said that he must act quickly to seat a cabinet, as the American people are expecting action.
O'Reilly predicted that Mike Pompeo, who served in the first Trump administration as the CIA Director and then as secretary of state, will be in Trump's new cabinet, but he was not sure in which role.
If Pompeo isn't picked to return as secretary of state, O'Reilly said that job could go to Sen. Marco Rubio, R-Fla.
The Justice Department, meanwhile, must have "somebody come and reform it or clean that place up, because it's really horrible," O'Reilly added. "You can count on the head of the FBI getting fired. CIA will go, but I don't have a pipeline into what Donald Trump is thinking. Everybody is coming at him now with names, and it must be driving him nuts."
Trump has often mentioned a role for tech billionaire Elon Musk, and O'Reilly agreed that a new cabinet position for a person to be in charge of cutting the deficit and debt should be formed, and that Musk should be appointed.
O'Reilly also predicted that one-time presidential candidate Vivek Ramaswamy will be picked as Trump's Homeland Security secretary.
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Sandy Fitzgerald ✉
Sandy Fitzgerald has more than three decades in journalism and serves as a general assignment writer for Newsmax covering news, media, and politics.
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