UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION. CASE NO. 22-CV-81294-CANNON. DONALD J. TRUMP, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. THE UNITED STATES’ MOTION FOR A PARTIAL STAY PENDING APPEAL: “…First, the government is likely to succeed in its appeal of the Order as it applies to classified records. Indeed, the government is likely to succeed even under the Court’s own reasoning, which focused principally on Plaintiff’s “personal documents.” D.E. 64 at 9; see id. at 12-13, 14-16, 20-21. Plaintiff does not and could not assert that he owns or has any possessory interest in classified records; that he has any right to have those government records returned to him; or that he can advance any plausible claims of attorney-client privilege as to such records that would bar the government from reviewing or using them. And although this Court suggested that Plaintiff might be able to assert executive privilege as to some of the seized records, Supreme Court precedent makes clear that any possible assertion of privilege that Plaintiff might attempt to make over the classified records would be overcome by the government’s “demonstrated, specific need” for that evidence. United States v. Nixon, 418 U.S. 683, 713 (1974) (“United States v. Nixon”). Among other things, the classified records are the very subject of the government’s ongoing investigation.
Second, the government and the public would suffer irreparable harm absent a stay..”