Jeffrey Groharing

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Jeffrey Groharing
Major Jeffrey Groharing USMC, a Guantanamo Prosecutor.
Major Jeffrey Groharing USMC, a Guantanamo Prosecutor.
Nationality USA
Occupation lawyer
Known for A Guantanamo prosecutor

Jeffrey Groharing is a lawyer and an officer in the United States Marine Corps.[1]

Groharing graduated from Simpson College in 1993.[2] Groharing graduated from the University of Nebraska School of Law in 1996.[3] Groharing joined the United States Marine Corps shortly thereafter. On October 29, 1997 Groharing finished 1048 out of 9629 in a Marine Corps marathon, finishing in 3 hours and 25 minutes.[4] [5] On Sunday April 4, 2004 Groharing finished a ten mile run in one hour and four minutes, finishing 30th.[6]

Groharing married MaryAnne Sapio, Miss California 1999, on December 8, 2002.[2] Sapio is currently a Washington lobbyist.[7][8]

Guantanamo prosecution

Groharing is currently one of the officers appointed to prosecute. Guantanamo captives charged before the Guantanamo military commissions.[9] According to a Wall Street Journal article Groharing found that intelligence analysts were failing to cooperate with him by providing him with the information he needed to convict Omar Khadr.

The Wall Street Journal quoted Groharing about the Khadr's prosecution:

"What's the alternative? To not hold him accountable? We are certainly not going to give him a pass for killing a U.S. service member and plotting to kill many more, The difference between us and al Qaeda is that when we had him on the battlefield, we didn't summarily execute him,"

Groharing remained a key member of the prosecution as late as November, 2021, when he described interrogations by the FBI "clean team", as “the most critical evidence in this case.”[10]

November 8, 2007 hearing

Image said to be of Omar Khadr, leaked to CBS News after Peter Brownback declined to allow it to be shown during the November 8 hearing.

Colonel Peter Brownback, the Presiding Officer of Omar Khadr's military commission, was expected to make a ruling as to whether Khadr was an "illegal enemy combatant".[11][12] Instead Brownback postponed that ruling because he learned that the Prosecution had failed to inform Khadr's Defense team of the existence of a potentially exculpatory witness. Lieutenant Commander William Kuebler said Groharing informed the Defense of the existence of the potentially exculpatory witness less than two days before the hearing.[13][14]

According to Jennifer Daskal, an attorney at Human Rights Watch[15]:

“It is totally outrageous that the prosecution would try to push ahead with a hearing on whether or not Khadr was an unlawful enemy combatant, while all the time withholding from the defence potentially exculpatory information. Anyone who has ever gone to law school knows the fundamental legal and ethical rule: The prosecution cannot withhold exculpatory information from the defence.”

According to the Los Angeles Times[11]:

“Despite the new information and the pending federal appeal on whether the commissions have primary jurisdiction in the case, the lead prosecutor, Marine Maj. Jeff Groharing, argued that he should be allowed to present evidence that Khadr was an unlawful enemy combatant.”

Groharing also protested the delay to Brownback because of the inconvenience of having brought witnesses to Guantanamo who would now not be called upon for their testimony.[16][17] According to the Los Angeles Times[11]:

"Kuebler said of Groharing's argument, adding that the prosecutor was 'practically pounding on the table.'"

One of the pieces of evidence Groharing had protested not being allowed to present during the November 8, 2007 hearing was a videotape.[18][19][20] The videotape was said to show Omar Khadr planting mines. The next broadcast of the CBS News show 60 Minutes showed extensive clips from this video. Commander Jeffrey Gordon, a Department of Defense spokesman, claimed that the videotape had not been leaked by anyone within the Prosecution, or the Office of Military Commission.

December 2, 2007 hearing

Following Omar Khadr's December 2, 2007 hearing Groharing commented on the withholding of the identity of the Prosecution's witnesses[21]:

“It is conceivable, if not likely, that al Qaeda members or sympathizers could attempt to target witnesses.”

Urged the quick release of tapes from Omar Khadr's psychological assessments

On August 13, 2012, Groharing and Khadr's military appointed defense lawyer urged a speedy release of tapes made when Khadr's psychological state was assessed for his sentencing hearing.[22] Khadr's October 2010 plea deal allowed him to be repatriated for further custody in Canada after one further year in Guantanamo. But Canada's Minister of Public Safety, Vic Toews, hasn't initiate the steps necessary for Khadr's repatriation by October 2011, and this was reported to have complicated the prosecution's efforts to negotiate plea deals with other suspects, as it undermined their promises the plea deals would win an eventual release. In August 2012 Toews said he could not make a decision as to whether to initiated the steps for Khadr to be repatriated until he had reviewed the actual made it more agreed to re

References

  1. Findlaw lawyer directory
  2. 2.0 2.1 "Touring the Years" (PDF). Simpson Magazine. Spring 2004. p. 35. http://www.simpson.edu/marketing/publications/simpsonmagazine/spring04.pdf. Retrieved 2008-01-05. 
  3. Jess Bravin (December 18, 2006). "At Guantanamo, even 'easy' cases have lingered". Wall Street Journal. http://www.post-gazette.com/pg/06352/747086-84.stm. Retrieved 2008-01-05. 
  4. USMC Marine Corps Marathon Results — Men, Washington Post, October 29, 1997
  5. 2003 Marine Corps Marathon Armed Forces Team Results
  6. Credit Union Cherry Blossom 10 Mile Road Race, Sunday, April 4, 2004
  7. Miss California 1999 MaryAnne Sapio
  8. Director of Federal Affairs:MaryAnne Sapio
  9. At Guantanamo, even 'easy' cases have lingered, Wall Street Journal, December 18 2006 - - mirror
  10. Carol Rosenberg (2021-11-19). "F.B.I. Agents Became C.I.A. Operatives in Secret Overseas Prisons". The New York Times (Guantánamo Bay, Cuba): p. A11. Archived from the original on 2021-11-21. https://web.archive.org/web/20211121005323/https://www.nytimes.com/2021/11/19/us/politics/guantanamo-torture-fbi-cia.html. Retrieved 2021-11-20. "A veteran Guantánamo prosecutor, Jeffrey D. Groharing, has called the F.B.I. interrogations “the most critical evidence in this case.” Defense lawyers argue that the interrogations were tainted by the years of torture by U.S. government agents." 
  11. 11.0 11.1 11.2 Carol J. Williams (November 9, 2007). "Terror case could turn on eyewitness: Defense lawyers say they just became aware of a potentially helpful onlooker in a Canadian suspect's alleged attack on U.S. troops". Los Angeles Times. Archived from the original on 2011-08-11. http://www.latimes.com/news/nationworld/nation/la-na-khadr9nov09,1,6141237.story?coll=la-headlines-nation&ctrack=2&cset=true. Retrieved 2007-11-10. 
  12. "Guantanamo Detainee Arraigned in Court Hearing". American Forces Press Service. November 8, 2007. http://www.defenselink.mil/news/newsarticle.aspx?id=48095. Retrieved 2008-01-05. 
  13. Carol Rosenberg (November 8, 2007). "War court back in business". Miami Herald. http://www.miamiherald.com/guantanamolaw/story/300352.html. Retrieved 2008-01-05. 
  14. Sheldon Alberts (November 09, 2007). "Khadr lawyers claim proof he's not 'enemy': Mystery witness was at firefight". CanWest News Service. http://www.nationalpost.com/news/story.html?id=51245fb6-1e92-40dc-a96a-93b4b7be4ef4. Retrieved 2008-01-05. 
  15. Paul Koring (November 9, 2007). "Secret Khadr witness disclosed: Doubt cast on whether teen was 'unlawful' combatant, defence says". Globe and Mail. http://www.theglobeandmail.com/servlet/story/LAC.20071109.GITMO09/TPStory/TPInternational/America/. Retrieved 2007-11-10. 
  16. Michelle Shephard (November 10, 2007). "Tent city sprouts quickly but justice moves slowly: Camp being erected for Khadr trial that some believe may never get underway". Toronto Star. http://www.thestar.com/News/article/275296. Retrieved 2008-01-05. 
  17. "Detainee’s lawyers complain of obstructions: Attorneys for Canadian held at Guantanamo say access to evidence blocked". MSNBC. November 9, 2007. http://www.msnbc.msn.com/id/21717125/. Retrieved 2008-01-05. 
  18. Jered Stuffco (November 19, 2007). "Broadcast of tape of Khadr allegedly building explosives 'outrageous': lawyer". Canoe. Archived from the original on 2007-06-23. http://cnews.canoe.ca/CNEWS/War_Terror/2007/11/18/4666926-cp.html. Retrieved 2008-01-04. 
  19. Jane Sutton (January 4, 2008). "Buried evidence revealed in Guantanamo trial". Portland Tribune. Archived from the original on 2007-05-02. http://www.portlandtribune.com/us_world_news/story.php?story_id=N07541541. Retrieved 2008-01-05. 
  20. Jennifer Daskal (November 9, 2007). "Just Another Day in a Guantanamo Courtroom". Huffington Post. http://www.huffingtonpost.com/jennifer-daskal/just-another-day-in-a-gua_b_71921.html. Retrieved 2008-01-05. 
  21. "Gitmo Trial Witness I.D.s Are Classified: Detainee's Lawyers Protest Judge's Order Not To Reveal Witness Identities To Anyone". CBS News. December 2, 2007. http://www.cbsnews.com/stories/2007/12/02/terror/main3563043.shtml. Retrieved 2008-01-02. 
  22. Colin Perkel (2012-08-13). "U.S. set to hand over Omar Khadr videotapes to Canadian government". National Post. Archived from the original on 2012-08-21. http://www.webcitation.org/query?url=http%3A%2F%2Fnews.nationalpost.com%2F2012%2F08%2F13%2Fu-s-set-to-hand-over-omar-khadr-videotapes-to-canadian-government%2F&date=2012-08-21. Retrieved 2012-08-21. "Late last month, Khadr’s Pentagon-appointed defence lawyer and Maj. Jeff Groharing, who prosecuted the Canadian citizen, jointly asked the head of the military commissions to release the tapes." 

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