02 July 2009

NIMJ files amicus brief supporting Army solider's FOIA appeal to Supreme Court

The National Institute of Military Justice has filed an amicus brief supporting U.S. Army Private Dwight Loving's petition for certiorari to the Supreme Court in a Freedom of Information Act appeal. Loving was sentenced to death by general court-martial and is seeking documents under FOIA with respect to his death sentence. The district court granted summary judgment in favor of the government and the D.C. Circuit affirmed. The lower courts held the sought documents are protected under FOIA's exemptions. If the Supreme Court grants cert. the case could clarify whether or not executive privilege applies to judicial decisions that impose a sentence of death.

NIMJ's brief can be found here. Loving's cert. petition can be found here. CAAFlog has reported on the Loving petition here.

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