Legal Opinion

Loving v. Department of Defense

Court of Appeals for the D.C. Circuit

Decided December 23, 2008No. 07-5318PublishedCited by 277 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Convicted of capital murder by a military court-martial, appellant filed suit under the Freedom of Information Act seeking disclosure of Department of Defense and Army memoranda prepared for the President in connection with his statutory review of appellant’s death sentence. The district court found the requested documents exempt from disclosure under FOIA Exemption 5 and granted the government’s motion for summary judgment. For the reasons set forth in this opinion, we affirm.

I

Under Article 71(a) of the Uniform Code of…

2Cases cited17 opinions

  1. United States v. NixonSupreme Court of the United States · 1974
  2. United States Department of Justice v. Reporters Committee for Freedom of the PressSupreme Court of the United States · 1989
  3. National Labor Relations Board v. Sears, Roebuck & Co.Supreme Court of the United States · 1975
  4. Robert G. Vaughn v. Bernard Rosen, Executive Director, United States Civil Service CommissionCourt of Appeals for the D.C. Circuit · 1973
  5. Gardner v. FloridaSupreme Court of the United States · 1977

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3Cited by277 opinions

  1. Roth Ex Rel. Bower v. United States Department of JusticeCourt of Appeals for the D.C. Circuit · 2011
  2. Public Citizen, Inc. v. Office of Management & BudgetCourt of Appeals for the D.C. Circuit · 2010
  3. National Security Counselors v. Central Intelligence AgencyDistrict Court, District of Columbia · 2013
  4. Electronic Frontier Foundation v. United States Department of JusticeCourt of Appeals for the D.C. Circuit · 2014
  5. Ryan Karnoski v. Donald TrumpCourt of Appeals for the Ninth Circuit · 2019

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