Behind the News

  • Page 21 — fourth Richey factor
  • Page 17 — third Richey factor
  • The US requested a stay regarding two rulings by Cannon:
    • Cannon required the government to submit for the special master’s review 100 documents with classification markings.
    • Cannon enjoined the United States from using those documents in a criminal investigation until the special master was done with them.
  • Appellate court granted the stay
  • Appellate court evaluated four factors:
    • (1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits;
      • A. The United States has established a substantial likelihood of success on the merits
        • Cannon ruled three of the four Richey factors favored Trump
        • Appeal Court ruled all Richey factors favored US
    • (2) whether the applicant will be irreparably injured absent a stay;
      • B. The United States would suffer irreparable injury in the absence of a stay.
    • (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding;
      • C. Plaintiff has not shown that he will suffer a substantial injury as a result of the limited stay.
    • (4) where the public interest lies.
      • D. The public interest favors a stay.