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Opinion of the Court Before ROSENBAUM, GRANT, and BRASHER, Circuit Judges. PER CURIAM: 2 22-13005 Following the execution of a search warrant at the residence of Plaintiff-Appellee, former President Donald J. Trump, Plaintiff moved for the appointment of a special master to review the doc- uments that Defendant-Appellant United States of America seized. The district court granted that motion in substantial part. Now, the United States moves for a partial stay of the district court's or- der as it relates to the roughly one-hundred documents bearing classification markings. We decide only the narrow question pre- sented: whether the United States has established that it is entitled to a stay of the district court's order, to the extent that it (1) requires the government to submit for the special master's review the doc- uments with classification markings and (2) enjoins the United States from using that subset of documents in a criminal investiga- tion. We conclude that it has. We stress the limited nature of our review: this matter comes to us on a motion for a partial stay pending appeal. We can- not (and do not) decide the merits of this case. We decide only the traditional equitable considerations, including whether the United States has shown a substantial likelihood of prevailing on the mer- its, the harm each party might suffer from a stay, and where the public interest lies. For the reasons we explain below, we grant the United States's motion for a partial stay pending appeal.

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2022-2023 Donald Trump Confidential Documents Case - BREAKING: Appeals Court panel grants DOJ request for a stay of parts of Judge Cannon’s ruling

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Opinion of the Court Before ROSENBAUM, GRANT, and BRASHER, Circuit Judges. PER CURIAM: 2 22-13005 Following the execution of a search warrant at the residence of Plaintiff-Appellee, former President Donald J. Trump, Plaintiff moved for the appointment of a special master to review the doc- uments that Defendant-Appellant United States of America seized. The district court granted that motion in substantial part. Now, the United States moves for a partial stay of the district court's or- der as it relates to the roughly one-hundred documents bearing classification markings. We decide only the narrow question pre- sented: whether the United States has established that it is entitled to a stay of the district court's order, to the extent that it (1) requires the government to submit for the special master's review the doc- uments with classification markings and (2) enjoins the United States from using that subset of documents in a criminal investiga- tion. We conclude that it has. We stress the limited nature of our review: this matter comes to us on a motion for a partial stay pending appeal. We can- not (and do not) decide the merits of this case. We decide only the traditional equitable considerations, including whether the United States has shown a substantial likelihood of prevailing on the mer- its, the harm each party might suffer from a stay, and where the public interest lies. For the reasons we explain below, we grant the United States's motion for a partial stay pending appeal.

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