Here is a link to the Loving v. DoD FOIA case cert. petition. The FOIA case seeks documents sent to the President in the process of approving or disapproving Loving’s death sentence. Seth Watkins, Steptoe & Johnson LLP, did an excellent job briefing the executive privilege issue–that’s not a plug, just a fact–assisted, as always in Loving’s cases, by the unflappable Teresa Norris.
I have always thought the documents Loving was seeking were essentially the same as SJA recommendations to a CA, thus should be given to the defendant, but that’s just me and a superficial analysis of the case. Here is the Supreme Court docket page for the case.