The Founder of GIFFORD LAW, PLLC, a retired Army Colonel, Tribal Judge, and legal commentator in Oklahoma City, Oklahoma, Mr. Gifford has a unique background in federal, state, military, and tribal courts in complex criminal and civil litigation from civil rights to white-collar from investigation through trial and on appeal though habeas and commutation/pardon.
Background
Robert D. "Bobby Don" Gifford, II, was born on December 5, 1970, in Tulsa, OK, and grew up in rural Mannford, Oklahoma on the historic Greenwood Ranch as a ranch hand. An honors student and three-sport athlete, Gifford matriculated to Southwestern College in Winfield, KS where he continued to excel in both football and track and field, as well as graduating with honors in 1993. He attended law school at the University of Oklahoma where he served as an Editor on the American Indian Law Review and was a national officer in the Native American Law Student Association. A member of the Cherokee Nation and direct descendant of Chief Richard Fields, Gifford, clerked for the Cherokee Nation under Chief Wilma Mankiller and under then-future Chief Chadwick Smith before going on active duty as an active duty Army Judge Advocate (JAG) where he serve both in a combat zone and through the United States.
Upon leaving active duty, Gifford remained in the Army Reserves and became an Assistant United States Attorney for the U.S. Department of Justice where he worked Terrorism cases, Indian Country cases, and Human Trafficking cases. During this time, Gifford taught as an adjunct law professor for the law schools at the University of Oklahoma, Oklahoma City University, and the University of Arkansas. In addition he taught at the Army JAG School in Charlottesville, VA and at the DOJ National Advocacy Center in Columbia, SC for many years.
In 2007-08, "Major" Gifford was recalled to active duty as an Army JAG to Guantanamo Bay, Cuba to work on the War Crime cases of the 9/11 co-conspirators and those involved with the bombing of the U.S.S. Cole, and the U.S. Embassies in Kenya and Tanzia. Gifford left public service in 2016 to private practice to eventually start his own firm of GIFFORD LAW, PLLC in 2018, and he continues to serve in a part-time capacity as a tribal court judge for five different Native American tribes as either the Chief Judge or a Supreme Court Justice and has authored the Constitution for at least one tribe and written the tribal code for another.
Gifford was also a leader in the legal bar as well as the Chair of the Criminal Law Section of the Oklahoma Bar Association (2018), the Founder and twice-Chair of the Military & Veterans' Law Section of the Okla. Bar Association, and served three years on the Okla. Bar Association's Board of Governors. Gifford also served on the Executive Board for the Oklahoma County Bar Association, and has been a long time member of the American Bar Association, Federal Bar Association, and is a Life Time Member of the National Association of Criminal Defense Attorneys. He is widely recognized as an expert trial attorney and legal scholar.
Education
Judge/Colonel Gifford received his early education in the public school system of his hometown of Mannford, Oklahoma.
Career
Robert "Bobby Don" Gifford's legal career has been diverse for a lawyer that one could imagine. An Army Judge Advocate (JAG) serving in a combat zone looking for mass graves in Bosnia-Herzegovina, prosecuting murderers and savage child rapists that took him to Africa to prepare Kenyan orphans to testify, to Guantanamo Bay, Cuba to work on the cases against the co-conspirators of the terrorists of 9/11, to represent rape victims or to take on repeated pro bono cases against corrupt District Attorneys who only sought to feed their own power hungry goals. A Chief Judge for multiple Native American Tribes (Kaw, Iowa, Seminole, and Miami) and a Justice on the Supreme Court for the Comanche Nation. A scholar who has taught law at the law schools at the University of Oklahoma, Oklahoma City University, and the University of Arkansas.
(Citation: Human Trafficking: Beyond Pretty Woman and Hugg...)
2013
Membership
Freemason
,
United States
2004 - present
American Bar Association
1996 - present
Personality
Known to be quiet and reserved, his talent and interests in leadership, military command, trial work, teaching, and public speaking surprised many who believed him to be an introvert.
Physical Characteristics:
While a career in the courtroom, classroom, or researching in a library, Judge/Colonel Gifford stood at six foot two inches tall and carried his college playing weight of 220 lbs that still looked like he could still either play linebacker or be wear the uniform of a Army officer well.
Quotes from others about the person
"It may have been his growing up in a small town, in a double-wide trailer, with a chip on his shoulder that propelled him to take on the cause of those less fortunate."
Interests
running and writing.
Philosophers & Thinkers
Carl von Clausewitz; Sun Tzu; Thucydides
Politicians
Believed to be Eisenhower, Kennedy, Lincoln, John Adams, Jefferson, and both Roosevelts.
Writers
Truman Capote; Hemingway; John Grisham; Hunter S. Thompson
Artists
Norman Rockwell
Sport & Clubs
Football, Basketball, Baseball
Athletes
Believed to be Jim Thorpe, Dick Butkus, Mickey Mantle
Music & Bands
Believed to be Elvis, Beatles, Rolling Stones, Johnny Cash, and Willie Nelson
Connections
Judge/Colonel Gifford is married to Anna Nicole (Miskovsky) Gifford, who is the granddaughter of an Oklahoma County District Court Judge Frank Miskovsky, II and the grandniece of Oklahoma State Senator and a former Oklahoma "County" Attorney George Miskovsky Sr. Mr. Gifford has three daughters.
Military lawyer backs Gitmo treatment
Robert Don Gifford II believes that if the public could see how prisoners at the Guantanamo naval base in Cuba are cared for it would dispel any notion that they are tortured or mistreated. Gifford, an assistant U.S. attorney for the Western District of Oklahoma and an Army Reserve major, recently returned from a six-month tour of duty at Guantanamo, where he saw first-hand the treatment the detainees receive as they await war-crimes trials. While at Guantanamo, the 37-year-old Mannford native served as the camp's legal spokesman for the military commissions, providing legal advice to the "convening authority" — the officer who reviews a detainee's case before and after trial.
2008
Gifford Promoted To Colonel | Mannford Reporter
Robert “Don” Gifford, a 1989 MHS graduate, was recently promoted to Colonel in the U.S. Army Reserves Judge Advocate General’s Corps (JAG), and has been also selected to be the Commander of the 3rd Legal Operations Detachment in Boston, MA. As the Commander of nearly 80 other military lawyers and paralegals, Col. Gifford will oversee operations to provide legal support to deploying soldiers, their families, and veterans. In addition, Col. Gifford will be responsible for deploying Judge Advocates worldwide to assist in the development of the Rule of Law in foreign countries. In his civilian capacity, Mr. Gifford is an Assistant United States Attorney in Oklahoma City serving as the Human Trafficking Coordinator, is an adjunct law professor at the law schools at OU and Oklahoma City University, and serves as a part-time tribal court judge for the Kaw Nation. After graduating from MHS in 1989 and a part of Coach John Kulla’s linebacker corps where he was named the conference defensive player of the year, Mr. Gifford received a football/track/academic scholarship to Southwestern College in Winfield, Kan. graduating with honors in 1993. After graduating from OU Law school, Mr. Gifford received his commission as an officer in the United States Army where he served on active duty as a JAG at Fort Knox, Ken., Fort Sill, Okla., and in Bosnia-Herzegovina. Upon leaving active duty, Mr. Gifford remained in the Army Reserves and served as an Assistant District Attorney in Tulsa County, an Assistant U.S. Attorney in Reno, Nev., and currently as a federal prosecutor in Oklahoma City where he was named the 2013 prosecutor of the year in the state of Oklahoma. Gifford was mobilized back onto active duty in 2007-08 to work on the war court trials at Guantanamo Bay, Cuba where he was the legal spokesman to the world-wide media and deputy director of legal operations. Col. Gifford will graduate this summer from the U.S. Army War College at Carlisle Barracks, Penn. with a Master’s degree in Strategic Studies, and is the son of DeWayne (MHS ’69) and Jacalyn (MHS ’70) Gifford of Mannford and the grandson of Beth Ann Greenwood (MHS ’49) also of Mannford.
2015
Norman Man Promoted to Colonel
Norman resident, Robert Don Gifford was recently promoted to colonel in the U.S. Army Reserves Judge Advocate General's Corps (JAG), and has been also selected to be the Commander of the 3rd Legal Operations Detachment in Boston, Mass.
2015
Cherokee promoted to colonel, commands legal operations
Cherokee Nation citizen Robert “Don” Gifford was recently promoted to colonel in the U.S. Army Reserves Judge Advocate General’s Corps, and has been also selected to be the commander of the 3rd Legal Operations Detachment in Boston. As the commander of nearly 80 other military lawyers and paralegals, Gifford will oversee operations to provide legal support to deploying soldiers, their families, and veterans. In addition, he will be responsible for deploying judge advocates worldwide to assist in the development of the Rule of Law in foreign countries. “Being promoted is more than being recognized, it's being asked to take on the honor and privilege to lead, to serve, and to be willing to work harder than those who work for you,” Gifford said. In his civilian capacity, Gifford, 44, is an assistant U.S. attorney in Oklahoma City serving as the Human Trafficking Coordinator and a tribal liaison, is an adjunct law professor at the law schools at OU and Oklahoma City University, and serves as a part-time tribal court judge for the Kaw Nation. Gifford also serves on the Board of Governors for the Oklahoma Bar Association. Gifford said he’s proud to be of a long tradition of Native Americans serving in this country’s military. “The warrior tradition of the Native American soldier has continued into Grenada, Panama, Somalia, the Persian Gulf, the Balkans and currently in Iraq and Afghanistan,” he said. “It is well established that Native Americans have the highest record of service per capita when compared to other ethnic groups. Nearly 16 percent of the Native American population 16 years and older – over 190,000 people – are veterans.”
2015
Cherokee lawyers appointed to Comanche Nation Supreme Court
LAWTON – Cherokee Nation citizens and lawyers Robert Don Gifford and Casey Ross have been selected by the Comanche Nation to serve on the tribe’s first Supreme Court. Gifford is also chief judge for the Kaw Nation District Court and the Iowa Tribe of Oklahoma, and is an associate tribal court judge for the Seminole Nation and the Miami Tribe of Oklahoma.
2019
Cherokee Nation citizen sworn into OBA governors board
OKALHOMA CITY – On Jan. 11, Cherokee Nation citizen Robert Don Gifford II was one of 10 attorneys sworn into the Oklahoma Bar Association board of governors. He will serve a three-year term as a board member representing Supreme Court Judicial District Three, which includes Oklahoma City. The 17,000-member OBA was created by the Oklahoma Supreme Court to advance the administration of justice and to foster and maintain learning, integrity, competence, public service and high standards of conduct among Oklahoma’s legal community. Gifford said the OBA is the governing body for all attorneys in Oklahoma and that the board of governors is a part of its leadership. “To be elected to the office is both an honor and a privilege,” he said. “Leadership in any organization is about service and sacrifice. It is my hope to serve the members of the bar and the public we serve.”
2013
10 attorneys remain in running for judge post
Ten attorneys are vying for the district judge seat being vacated by longtime Cleveland County Judge Tom Lucas, records show. Lucas, 79, announced earlier this year that he will retire from the post Aug. 1. Judicial District 21 includes Cleveland, McClain and Garvin counties. · Robert Don Gifford, an assistant U.S. attorney with the Western District based in Oklahoma City, serves as a federal prosecutor. He also is a tribal court judge working part-time with the Kaw and Iowa Indian tribes. Gifford, 42, is a member of the Board of Governors for the Oklahoma Bar Association.
Civilian Lawyers Learn Military Law
Robert Don Gifford, second from right is an Army Reserve Officer who recently received the 2013 Professional Advocate Award for Prosecutor by the Criminal Law Section of the Oklahoma Bar Associa
2014
Lead federal prosecutor in high-profile sex crimes case received disciplinary letter for 'extremely serious' misconduct
OKLAHOMA CITY — The lead federal prosecutor in a high-profile sex-crimes case faced disciplinary action after an internal investigation found intolerable, unacceptable and “extremely serious” misconduct. Robert “Don” Gifford II, now 47, was accused of serving his personal interests “rather than the interests of the federal government.” Many of the accusations involve — indirectly — the high-profile case against a former missionary from Edmond. “Management has lost all confidence in your ability to act in the best interest of the United States,” U.S. Attorney Mark Yancey wrote in a Sept. 12, 2016, letter. “There is no penalty other than removal that would suffice to deter such behavior in the future.”
2018
Oklahoma City federal prosecutor accused by wife of abuse and harassment
NORMAN — The lead prosecutor during a former missionary's highly publicized sex crimes trial has been accused by his wife of abuse and harassment. Robert Don Gifford II, 45, denies the accusations. Gifford, an assistant U.S. attorney, was the lead prosecutor for ex-missionary Matthew Lane Durham's trial last year in Oklahoma City federal court. The prosecutor and his wife of 20 years separated in August and are now divorcing. Gloria Morey Gifford filed for a protective order Monday, alleging that he has pushed her, knocked her down and yelled at her. She also alleged he has harassed her daily and tried to steal her phone and computer. "She is truly scared for her safety if this VPO is not granted," her petition for a protective order states. She specifically alleged that he broke into the house through the garage after she changed the locks last month. She alleged he forced his way inside the house Sunday and pushed her in front of her father. She said he texted her 62 times Friday, 32 times Saturday and 36 times Sunday and "fills up her voice mail." Don Gifford's divorce attorney, Sam Talley, suggested the request for a protective order was made to try to gain an advantage in the divorce proceedings. "It's not uncommon. It's unfortunate, and Mr. Gifford will deal with the situation in an appropriate and honorable manner," Talley said Wednesday. Norman police went to the home Sunday but made no arrests. "There was no indication that Mr. Gifford had acted unreasonably," Talley said. "My client has absolutely not harassed his wife, has not stalked his wife, had not abused his wife and has acted reasonably under the law in all circumstances even though it's an incredibly emotional and difficult and private situation," the divorce attorney said. A judge Monday did grant an emergency order of protection, temporarily barring the prosecutor from having any contact with his wife. A hearing is set for Feb. 12. The judge then could issue a permanent order or dismiss the protective order case entirely. The two have three children. Durham, 21, of Edmond, is awaiting sentencing on four counts of illicit sexual conduct in foreign places. He was accused in those counts of sex crimes against three girls and a boy. A jury convicted him in June of seven counts of illicit sexual conduct in foreign places, but the trial judge last month threw out three of the counts. Prosecutors alleged Durham committed the offenses in 2014 at an African orphanage. The evidence against him included text messages blaming his actions on an demon named Luke and confessions made in Kenya. His attorneys claimed he confessed to crimes he didn't commit because he was coerced and he feared his passport would be taken. After the trial, defense attorneys told the judge they were investigating "credible information" that Gifford had inappropriate contact during and after the trial with a then-married television reporter and the possibility Durham "was prejudiced as a result." The judge barred defense attorneys from raising any allegations of an affair in their request for a new trial. Defense attorneys also told the judge Gifford improperly withheld medical information from them. The judge, though, concluded in January "the government's failure" to disclose the information had not deprived Durham of a fair trial.
2016
Oklahoma man alleges misconduct at Kenyan orphan abuse trial
TIM TALLEY Associated Press An attorney for an Oklahoma man convicted of sexually abusing children at a Kenyan orphanage has asked for a federal court hearing to explore defense allegations of misconduct by a prosecutor in the case. The request filed Friday on behalf of Matthew Lane Durham, 21, of Edmond, claims that a key expert witness from Kenya presented false testimony at Durham's trial about physical findings of abuse of the victims, which the prosecutor, Assistant U.S. Attorney Robert Don Gifford II, did not correct. "They failed to correct the testimony of the Kenyan medical witness who testified," Durham's defense attorney, Stephen Jones, said Monday. "They should have notified us, notified the court. Instead, they let it remain. We think it justifies a new trial." The defense request alleges that Gifford did not turn evidence over to Durham before or during the trial that indicated the expert's testimony was not credible, which could have helped Durham prepare his defense. "This (is) a highly unusual matter which directly and substantially impacted the trial and the rights of the defendant," Jones says in a motion to supplement Durham's request for a new trial in U.S. District Court in Oklahoma City. "The integrity of defendant's trial today is suspect." A spokesman for the U.S. Attorney's office, Bob Troester, said Monday the office will file an appropriate response to the defense claims. A federal jury found Durham guilty in June of seven counts of engaging in illicit sexual conduct in foreign places. Prosecutors said Durham targeted orphans while serving as a volunteer at the Upendo Children's Home in Nairobi, Kenya, between April and June 2014. Jurors cleared Durham of accusations that he had planned to abuse the children before leaving the United States. Durham was convicted on charges involving girls ranging from 5 to 15 years old and a 12-year-old boy at the orphanage, where he had served as a volunteer since 2012. Durham is awaiting sentencing. Convictions for engaging in illicit sexual conduct in foreign places can draw prison terms of up to 30 years and a $250,000 fine, though under federal sentencing guidelines terms of imprisonment are often much less. The defense motion indicates information that cast doubt on the medial expert's testimony was turned over to the judge in the case, U.S. District Judge David Russell, by Oklahoma County District Attorney David Prater on Sept. 28. Russell immediately turned it over to prosecution and defense attorneys, it says. Memos attached to the legal papers indicate Prater became aware of the issue through conversations with a top assistant in his office who Gifford had contacted during the trial concerning the Kenyan medical witness. At Prater's assistant's urging, Gifford contacted an Oklahoma physician who said "it would be quite rare" for several of the victims to produce the same findings in sexual assault examinations unless the perpetrator was using some kind of instrumentation, according to the memos. In a statement, Prater said he turned the information over to Russell after learning it had not been turned over to Durham's defense attorney, "so he would be aware of it and proceed as he determined necessary and appropriate." "It was my duty to disclose the information that came to my attention," Prater said. "I take that responsibility seriously." Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Source: https://www.chicagotribune.com/sns-bc-us--child-abuse-allegations-kenya-20151005-story,amp.html
2015
Oklahoma Man Alleges Misconduct At Kenyan Orphan Abuse Trial News 9
KWTV - Oklahoma City - The legal team representing Matthew Durham, the Edmond man accused of sexually abusing children at a Kenyan Orphanage, has filed a court motion requesting a new trial after they say new evidence has been brought to light. The court papers were filed late Friday afternoon. It states Oklahoma County District Attorney David Prater alerted US District Judge David Russell on Monday Sept. 28 that a key expert witness in the Government’s case presented false testimony at trial, and that US prosecutor Robert Don Gifford knowingly and deliberately failed to correct the testimony. The judge then emailed both Durham’s attorney Stephen Jones and Gifford about the findings. Prater told the judge Gifford had been informed by a current sitting Assistant District Attorney in charge of sex crimes in Oklahoma County that testimony regarding the alleged physical findings of abuse in the alleged victims by the Government’s medical expert, Dr. Mohammed was inaccurate, and not supported by medical research or the legitimate medical community. The memo also raised the probability that Gifford failed to disclose exculpatory evidence. The court papers state he received information from a Dr. Brown that it would be quite rare for five individuals to have the same findings on an exam in regards to sexual assault, as was the case in this case, unless the perpetrator was using some type of instrumentation. Gifford was also told that it is rare to have findings in sexual abuse exams, especially in preadolescent children. Today, Prater released this statement: “When I determined the information had not been disclosed to the defense by the United States Attorney, it was my responsibility to report what I knew to United States District Judge David Russell so he would be aware of it and proceed as he determined necessary and appropriate. It was my duty to disclose the information that came to my attention. I take that responsibility seriously.” The court papers go on to state that this evidence would disprove the testimony of Dr. Mohammed and that the findings of abuse by medical professionals in Kenya were also false. In addition, the court papers state the defense team has received credible information that there was a serious personal misconduct and inappropriate contact occurring between a member of the prosecution team and a media representative (not from News 9) covering the trial. Federal prosecutors so far have not responded to this filing. And a spokesperson for the U.S. Attorney’s office tells us they are not commenting on the allegations. “We will review the court filing and determine what response is appropriate,” said Bob Troester with the U.S. Attorney’s Western District Office. News 9 will have more with Stephen Jones, the attorney representing Matthew Durham in this federal case, coming up tonight at 4 and 6. Source: https://www.news9.com/story/5e34c107e0c96e774b348f97/oklahoma-man-alleges-misconduct-at-kenyan-orphan-abuse-trial
Colonel, Judge Advocate, U.S. Army
Chief Judge, Kaw Nation Tribal Court
Chief Judge, Iowa Tribe of Oklahoma
Associate Justice Iowa Tribe of Oklahoma Supreme Court
Associate Justice, Comanche Nation Supreme Court
District Judge, Seminole Nation Tribal Court
District Judge, Miami Tribe of Oklahoma
Special Judge, Oklahoma City Municipal Court
Professor (Adjunct), University of Oklahoma College of Law
Professor (Adjunct), Oklahoma City School of Law
Professor (Adjunct), University of Arkansas School of Law
Awards
Professional Advocate of the Year (Prosecutor) - 2013
Selected by the criminal defense attorney bar as the outstanding prosecutor in the Oklahoma Bar Association.
Selected by the criminal defense attorney bar as the outstanding prosecutor in the Oklahoma Bar Association.
Justice Cardozo Award - 2016
Award given by the Oklahoma Bar Association's Criminal Law Section for outstanding contributions in the field of criminal law.
Award given by the Oklahoma Bar Association's Criminal Law Section for outstanding contributions in the field of criminal law.