Brittney Griner is back on American soil following ten months in Russian custody on drug charges. But other U.S. citizens remain locked up in Russia, including a 61-year-old man whose detention mirrors the experience of Griner. 

Politico published a story last week on Marc Fogel, who was arrested last year after Russian authorities found medical marijuana in his possession. 

“Fogel’s case bears a striking similarity to Griner’s, which has captured national headlines since the WNBA star was detained in Russia in February 2022. Like Griner, Fogel — a 61-year-old history teacher from Pennsylvania who lived in Russia while teaching at the Anglo-American School in Moscow — was taken into custody by Russian authorities in August 2021 after customs officials at a Russian airport discovered around half an ounce of medical marijuana stashed in his luggage,” Politico reported. 

“The drugs had been prescribed to him by doctors in the U.S. to help treat chronic pain stemming from a series of injuries and operations, but Fogel’s reasons didn’t matter. Ten months later, in June 2022, a Russian court convicted him of drug trafficking charges and sentenced him to 14 years in prison. In October, Fogel was transferred from a Moscow detention center to one of Russia’s notorious penal colonies, where he is slated to serve the remainder of his sentence,” the outlet continued. 

Griner, a perennial all-star for the WNBA’s Phoenix Mercury and one of the most decorated women’s basketball players ever, was released last week after U.S. and Russian officials negotiated a prisoner swap. In exchange for the release of Griner, the U.S. agreed to free Viktor Bout, a Russian arms dealer who had been serving a 25-year prison sentence in the United States.

The deal drew some criticism from those who lamented the release of Bout, nicknamed the “Merchant of Death.” There was also disappointment that the U.S. was unable to also secure the release of Paul Whelan, a U.S. citizen who has been detained by Russia since 2018 on espionage charges.

U.S. officials sought a two-for-one deal –– Griner and Whelan in exchange for Bout –– but such an arrangement never materialized.

“We’ve not forgotten about Paul Whelan,” President Joe Biden said last week following Griner’s release. 

Griner was arrested at a Russian airport in February after officials found a small amount of cannabis oil in her luggage. She pleaded guilty to the charges, but said she did not intend to break the law. In August, a Russian court found her guilty and sentenced her to nine years in prison. 

Griner’s detention attracted international attention, and emerged as a diplomatic standoff between the United States and Russia. Foley’s case, meanwhile, has flown decidedly under the radar. 

“The State Department has not granted him “wrongfully detained” status, despite repeated appeals from a bipartisan group of lawmakers and Fogel’s lawyers. (A spokesperson for the State Department declined to comment on the specifics of Fogel’s case, saying: “The Department continuously reviews the circumstances surrounding the detentions of U.S. nationals overseas, including those in Russia, for indicators that they are wrongful.”) In the media, Fogel’s detention has been overshadowed by the coverage of Griner and Paul Whelan, an American businessman and former Marine who has been held in Russia since 2018 on espionage charges,” Politico reported last week.

“It’s a bit mysterious to me why we [aren’t] talking about three Americans — now, thankfully, two Americans — instead of just one,” said Michael McFaul, the former U.S. ambassador to Russia, told Politico. “He’s not just some random guy that got arrested — he was part of our community … He taught our kids, the kids of U.S. government officials and he taught our military’s kids.”

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A top official in Russia suggested last week that the American basketball star Brittney Griner’s detention could be approaching a resolution, but officials in the United States quickly dismissed those claims.

Sergei Ryabkov, Russia’s deputy foreign minister, said on Friday that there was fresh “activity” surrounding a potential prisoner swap involving Griner, who was transferred to a Russian penal colony earlier this month, and Viktor Bout, the Russian arms dealer currently serving a 25-year prison sentence in the United States.

Ryabkov’s comments were quoted in Russian media.

“We haven’t found common ground yet, but, undoubtedly, Viktor Bout is among those being discussed and obviously we are hoping for a positive result,” Ryabkov said, as reported on by ESPN. “The Americans are showing certain activity and we are working on this through appropriate channels.”

But the State Department splashed cold water on that, saying that Russia has not been a serious party to the negotiations. 

“We are not going to comment on the specifics of any proposals other than to say that we have made a substantial offer that the Russian Federation has consistently failed to negotiate in good faith,” a State Department spokesperson said, as quoted by ESPN. “The U.S. Government has continued to follow up on that offer and propose alternative potential ways forward with the Russian government. The Russian government’s failure to seriously negotiate on these issues in the established channel, or any other channel for that matter runs counter to its public statements.”

The U.S. has proposed a prisoner swap with Russia that would secure the release of both Griner and Paul Whelan, a United States citizen who has been held in Russia since 2018 on espionage charges, in exchange for Bout. But so far, a deal has yet to materialize. 

Griner, a star for the Phoenix Mercury of the WNBA, has been detained in Russia since February, when she was arrested in a Moscow airport on drug charges (officials found cannabis oil in her luggage).

Griner pleaded guilty to the charges in July, but said it was a mistake and that she did not intend to break the law. In August, Griner was convicted by a Russian court, which sentenced her to nine years in prison.

Last month, the court denied Griner’s appeal. 

Earlier this month, Griner’s lawyers confirmed that their client had been transferred to a Russian penal colony.

U.S. officials met with Griner earlier this month for the first time since her arrest in February, when she was returning to Russia to play for UMMC Ekaterinburg, a team for which which she has played during the WNBA’s offseason since 2014.

“We are told she is doing as well as can be expected under the circumstances,” the White House press secretary, Karine Jean-Pierre said regarding the meeting. 

“As we have said before, the U.S. government made a significant offer to the Russians to resolve the current unacceptable and wrongful detentions of American citizens Brittney Griner and Paul Whelan,” Jean-Pierre added. “I can also tell you that in the subsequent weeks, despite a lack of good faith negotiation by the Russians, the U.S. government has continued to follow up on that offer and propose alternative potential ways forward with Russians through all available channels.

President Joe Biden, who met with Griner’s family members in September, said in a news conference following the midterm election earlier this month that he is hopeful Russian President Vladimir Putin will be willing to negotiate a release.

“My hope is that now that the election is over, that Mr. Putin will be able to discuss with us and be willing to talk more seriously about a prisoner exchange,” Biden said.

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The American basketball star Brittney Griner was transferred to a Russian penal colony this week, a move that has left her family and legal team in the dark over her status and whereabouts. 

The New York Times reported that Griner’s lawyers “said in a statement [on Wednesday] that her destination was unknown and that they expected to be notified through official mail, along with the U.S. Embassy, once she has arrived, a process that can take up to two weeks.”

Griner, 32, has been detained in Russia since February, when she was arrested at a Moscow airport on drug charges. Security officials found cannabis oil in her luggage, which Griner later said was an accident.

Griner was sentenced to nine years in prison by a Russian court in August, a decision that was upheld last month when she was denied in her appeal. 

Her transfer to a Russian penal colony marks another dark development for Griner, a star for the Phoenix Mercury of the WNBA and widely regarded as one of the greatest women’s basketball players ever. 

According to the Times, penal colonies “are notorious for abusive treatment of inmates, overcrowding and harsh conditions.”

“Some prisoners are tortured, or beaten by fellow inmates. Some have to work 16-hour days. A few are forced to watch Russian propaganda on repeat,” the Times reported. “This is the world of the Russian penal colony, into which Brittney Griner is about to be inducted for a nine-year term after her sentencing on drug smuggling charges was upheld last month.”

The transfer also makes the already trying circumstances even more difficult for Griner’s friends and family back home.

“Prisoners are typically not allowed to communicate with the outside world for a week or two while they are moved, and lawyers and family members do not know where the inmates are going — learning which penal colony the sentence will be served in only once the prisoner arrives,” the Times said.

Griner’s ongoing detention, coming at a time of heightened tensions between the United States and Russia, has turned into a diplomatic standoff. 

The U.S. has sought a prisoner swap with Russia, which would secure the release of Griner and Paul Whelan, an American citizen who has been detained in Russia on espionage charges since 2018. 

In exchange, the U.S. would release Viktor Bout, a Russian arms dealer currently serving a 25-year prison sentence in the United States. 

Russia has, thus far, resisted the offer. 

U.S. embassy officials in Moscow met with Griner last week for the first time since she was detained. 

“We are told she is doing as well as can be expected under the circumstances,” the White House press secretary, Karine Jean-Pierre said last week following the meeting, as quoted by The New York Times.

“As we have said before, the U.S. government made a significant offer to the Russians to resolve the current unacceptable and wrongful detentions of American citizens Brittney Griner and Paul Whelan,” Jean-Pierre added, as quoted by the Times. “I can also tell you that in the subsequent weeks, despite a lack of good faith negotiation by the Russians, the U.S. government has continued to follow up on that offer and propose alternative potential ways forward with Russians through all available channels.

President Joe Biden said in a news conference on Wednesday that, with the midterm elections in the United States now completed, he is hopeful that Russian President Vladmir Putin will return to the negotiating table.

“My hope is that now that the election is over, that Mr. Putin will be able to discuss with us and be willing to talk more seriously about a prisoner exchange,” Biden said, as quoted by ESPN.

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Bill Richardson, the former governor and diplomat, expressed confidence on Sunday that American basketball star Brittney Griner will be released from Russian custody before the end of the year.

In an interview on CNN, Richardson said he is “cautiously optimistic” about the release of both Griner and Paul Whelan, a U.S. citizen who has been held in Russian prison since 2018 on espionage charges.

“I do think so. Now, I hate making predictions, but yes,” Richardson said when asked whether the two Americans will be released before the end of 2022.

Richardson, who previously served as governor of New Mexico and as the U.S. ambassador to the United Nations, has extensive experience negotiating on behalf of families of hostages and detainees.

“I know (the families are) very emotional and this is a very emotional time. All I can say is that the Biden administration is working hard on it,” Richardson said Sunday on CNN. “So am I. We coordinate, but not always agree on every tactical decision. But I’m not going to interfere in their process. I’m just giving you my assessment after two visits to Russia on behalf of American hostages.”

Griner, a star for the Phoenix Mercury of the WNBA, has been held in a Russian prison since February after being arrested in a Moscow airport on drug charges (officials found cannabis oil in her luggage).

In August, Griner was found guilty and sentenced to nine years in prison by a Russian court.

She plans to appeal the conviction, and a hearing has been set for October 25.

The U.S. considers both Griner and Whelan to be “wrongfully detained.” The Biden administration has negotiated a prisoner swap with Moscow, with the U.S. offering to release Russian arms dealer Viktor Bout, who is currently serving a 25-year prison sentence in the United States, in exchange for the release of Griner and Whelan.

Russia has reportedly rejected that offer.

On Sunday, Richardson suggested that the Russians could be amenable to a deal.

“I got the sense that the Russian officials that I met with, that I’ve known over the years, are ready to talk,” Richardson said on CNN. “I got a good sense from the Russians – the vibrations – but I’m not a government official.”

“I’m not part of the government, the government channel. I’ve always made that clear. I respect that. I think any decision, for instance, a release, a prisoner exchange, has to be made by the President. And I think the administration has done a good job on that,” Richardson added.

President Joe Biden met with the families of both Griner and Whelan last month.

“He wanted to let them know that they remain front of mind and that his team is working on this every day, on making sure that Brittney and Paul return home safely,” White House press secretary Karine Jean-Pierre said at the time.

Biden sharply condemned Russia following Griner’s conviction in August.

“Today, American citizen Brittney Griner received a prison sentence that is one more reminder of what the world already knew: Russia is wrongfully detaining Brittney,” Biden said in his statement at the time.

“It’s unacceptable, and I call on Russia to release her immediately so she can be with her wife, loved ones, friends, and teammates.”

“My administration will continue to work tirelessly and pursue every possible avenue to bring Brittney and Paul Whelan home safely as soon as possible,” he added.

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President Joe Biden on Friday is set to meet with family members of American basketball star Brittney Griner, who remains held in a Russian prison on drug charges.

Biden will also meet with the family of Paul Whelan, an American who has been imprisoned in Russia since 2018 on espionage charges.

The Associated Press reported that the “separate meetings are to be the first in-person encounter between Biden and the families and are taking place amid sustained but so far unsuccessful efforts by the administration to secure the Americans’ release.”

“He wanted to let them know that they remain front of mind and that his team is working on this every day, on making sure that Brittney and Paul return home safely,” White House press secretary Karine Jean-Pierre said at a press briefing on Thursday at the White House, as quoted by the Associated Press.

She was found guilty by a Russian court last month and sentenced to nine-and-a-half years in prison.

Her detention has become a symbol in the deteriorating U.S.-Russia relations, and has reached the top levels of diplomacy in both countries.

The United States has sought a prisoner swap that would see the release of both Griner and Whelan in exchange for Viktor Bout, a Russian arms dealer who is currently serving a 25-year prison sentence in the U.S.

“While I would love to say that the purpose of this meeting is to inform the families that the Russians have accepted our offer and we are bringing their loved ones home — that is not what we’re seeing in these negotiations at this time,” Jean-Pierre said on Thursday, as quoted by the Associated Press. “The Russians should accept our offer. The Russians should accept our offer today.”

Griner’s legal team filed an appeal of the conviction last month, a process that will likely take months.

Griner, who plays for the Phoenix Mercury of the WNBA, pleaded guilty to the drug charges, but insisted that she did not intend to break the law.

She was traveling back to Russia to play for UMMC Ekaterinburg, the Russian team she plays for during the WNBA’s offseason.

“I want to apologize to my teammates, my club, my fans and the city of (Yekaterinburg) for my mistake that I made and the embarrassment that I brought on them,” Griner said in the Russian courtroom last month as she plead for leniency. “I want to also apologize to my parents, my siblings, the Phoenix Mercury organization back at home, the amazing women of the WNBA, and my amazing spouse back at home.”

Following Griner’s sentencing last month, Biden denounced the ruling.

“Today, American citizen Brittney Griner received a prison sentence that is one more reminder of what the world already knew: Russia is wrongfully detaining Brittney,” Biden said in his statement.

“It’s unacceptable, and I call on Russia to release her immediately so she can be with her wife, loved ones, friends, and teammates,” Biden said.

U.S. Secretary of State Antony Blinken has also condemned the conviction.

“It puts a spotlight on our very significant turn with Russia’s legal system and the Russian government’s use of wrongful detentions to advance its own agenda using individuals as political pawns,” Blinken said last month.

Blinken has called the United States’ offered prisoner exchange a “substantial proposal.”

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Never one to shy away from springing into action on the fly, former NBA star Dennis Rodman announced his mission to aid in the recovery of American basketball star Brittney Griner, who was sentenced to over nine years in prison in Russia over a small amount of cannabis oil. The U.S. government, however, has a different plan.

“I got permission to go to Russia to help that girl,” Rodman told NBC News. “I’m trying to go this week.”

A “senior Biden official” seemed to suggest he wasn’t amused by Rodman’s intentions. “It’s public information that the administration has made a significant offer to the Russians and anything other than negotiating further through the established channel is likely to complicate and hinder release efforts,” said the official.

When Griner was detained by Russian authorities, she had just 0.7 grams of THC oil on her person, Unilad reports. Since then, Griner’s case has become a divisive political flashpoint inside and out of the United States. 

A Russian court on August 4 found Griner guilty of drug charges and sentenced her to nine and a half years in prison, as tensions remain high between Moscow and the United States amid the Ukraine invasion.

Rodman’s plan could interfere with the Biden administration’s plan to trade prisoners.

Secretary of State Anthony Blinken revealed last July that the United States offered to release a Russian arms dealer imprisoned in the United States in exchange for the release of Griner and Paul Whelan, both U.S. citizens currently being held by the Russian government. Bill Richardson, a former U.S. ambassador, told ABC News on August 16 that hopes remain optimistic for an exchange.

Senior Biden officials don’t want anyone to meddle in the exchange. In addition, the U.S. Department of State issued a Level 4 travel advisory on behalf of Americans considering stepping foot in Russia amid war, the New York Post reports.

“Do not travel to Russia due to the unprovoked and unjustified invasion of Ukraine by Russian military forces, the potential for harassment against U.S. citizens by Russian government security officials, the singling out of U.S. citizens in Russia by Russian government security officials including for detention, the arbitrary enforcement of local law, limited flights into and out of Russia, the Embassy’s limited ability to assist U.S. citizens in Russia, COVID-19-related restrictions, and terrorism. U.S. citizens residing or traveling in Russia should depart Russia immediately,” the advisory reads. “Exercise increased caution due to wrongful detentions.”

Rodman, however, added that he knows President Putin “too well.”

Could Rodman Do It Again?

Rodman’s powers of persuasion have been used before, albeit through unconventional means—often leading into controversy.

Rodman cozied up with North Korean dictator Kim Jong-Un, making multiple visits to the country over the past 10 years. Then in 2018, he took part in the meeting of former President Donald Trump and Kim Jung-Un in Singapore. Rodman claimed that it was because of a letter he wrote to Kim Jong-Un, that North Korea released American missionary Kenneth Bae who had been imprisoned for over two and a half years in the country for “unspecified acts.”

Rodman is also friendly to Russia, specifically President Vladimir Putin, especially after visiting Moscow in 2014. These relationships with leaders like Kim Jong-Un and Putin have made Twitter, well, a bit suspicious.

Rodman’s relationship with pot is fairly complicated, it turns out. “I don’t smoke weed,” Rodman tweeted in 2014. “Or use any illegal drugs. That’s not my deal. I just get high on life.” However, Rodman invested heavily in PotCoin, a cryptocurrency designed for the legal cannabis industry, and has launched several NFTs lately.

 Weed may not be Rodman’s thing per se, but it’s very common in the modern NBA. Jay Williams famously told Fox Business that he estimates 75-80% of NBA basketball players smoke weed off-season.

For the time being, Griner remains behind bars until an exchange can be finalized.

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Lawyers for the American basketball star Brittney Griner said Monday that they have filed an appeal of her guilty verdict by a Russian court in a drug smuggling case that has turned into a diplomatic standoff.

The appeal comes nearly two weeks after Griner was found guilty and sentenced to nine years in prison on charges stemming from her February arrest in a Moscow airport.

It also comes at a time when the United States and Russia are engaged in discussions regarding a potential prisoner swap involving Griner and Viktor Bout, a Russian arms dealer who is currently serving a 25-year prison sentence in the United States.

U.S. officials have also sought the release of Paul Whelan, an American citizen who has been detained in Russia since 2018 on espionage charges, in such an exchange.

The New York Times reported that Griner’s “legal team has said that the appeal, which was expected, would most likely take up to three months to be adjudicated,” and that “Russian officials have said that all legal avenues must be exhausted before a potential exchange can be discussed.”

Secretary of State Antony Blinken said late last month that the United States’ offer to release Bout in exchange for Griner and Whelan represented a “substantial proposal,” but Russian officials have so far balked at the arrangement.

As reported by CNN and others, Alexander Darchiev, the Russian Foreign Ministry’s North American Department director, confirmed the prisoner negotiations over the weekend.

“This quite sensitive issue of the swap of convicted Russian and US citizens is being discussed through the channels defined by our Presidents. These individuals are, indeed, being discussed. The Russian side has long been seeking the release of Viktor Bout. The details should be left to professionals, proceeding from the ‘do not harm’ principle,” Darchiev told Russian state media TASS, as quoted by CNN.

Griner, who pleaded guilty to the drug charges but insisted she did not intend to break the law, was convicted on August 4. Prosecutors had sought a nine-and-a-half year prison sentence––only slightly lower than the maximum sentence of 10 years. The judge presiding over the case handed down a nine year sentence.

Griner was arrested on February 17 while traveling back to Russia to play for UMMC Ekaterinburg, a Russian team for whom she has suited up during the WNBA’s offseason since 2014.

Authorities at the airport found cannabis oil in her luggage, leading to a prolonged detention that has become another source of tension between the United States and Russia.

In May, the U.S. Department of State reclassified Griner as “wrongfully detained.”

President Joe Biden denounced Griner’s guilty verdict and conviction earlier this month, and vowed to bring her home.

“It’s unacceptable, and I call on Russia to release her immediately so she can be with her wife, loved ones, friends, and teammates,” Biden said in a statement.

“Today, American citizen Brittney Griner received a prison sentence that is one more reminder of what the world already knew: Russia is wrongfully detaining Brittney,” he added.

“My administration will continue to work tirelessly and pursue every possible avenue to bring Brittney and Paul Whelan home safely as soon as possible,” the president continued.

At a hearing last month, Griner testified that the language interpreter provided by Russian authorities during her questioning provided incomplete translations of what she said, and that she was never provided a sufficient explanation of her rights.

According to The New York Times, Griner’s “defense team argued in the appeal that the Khimki court had ignored ‘serious procedural violations during detention, extraction of physical evidence, arrest and investigation.’”

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Secretary of State Anthony Blinken revealed on Wednesday that the United States has offered to release a Russian arms dealer imprisoned in the United States in exchange for the release of WNBA superstar Brittney Griner and Paul Whelan, both U.S. citizens currently being held by the Russian government. Blinken added that the U.S. had presented a “substantial proposal” for the release of Griner and Whelan, who have been classified as “wrongfully detained” by the Department of State.

Blinken said at a State Department news conference on Wednesday that President Joseph Biden was “directly involved” and had approved the proposal. He did not specifically confirm that Bout was part of the proposed exchange, saying that he “can’t and won’t get into any of the details of what we proposed to the Russians over the course of so many weeks now,” according to a report from CNN.

Blinken continued that “in terms of the President, of course he was not only directly involved, he signs off on any proposal that we make, and certainly when it comes to Americans who are being arbitrarily detained abroad, including in this specific case.”

Undisclosed sources close to the matter told CNN that the president’s support for the prisoner exchange trumped opposition from the Department of Justice, which generally opposes such deals as a matter of course.

The Russian government was quick to point out that the U.S. proposal has not yet been accepted. Kremlin spokesman Dmitry Peskov said on Thursday that “so far, there is no agreement on this issue.”

Blinken said that he planned to discuss the issue with Russian Foreign Minister Sergey Lavrov during a telephone call this week, adding that “my hope would be that in speaking to Foreign Minister Lavrov, I can advance the efforts to bring them home.”

“There is in my mind utility in conveying clear, direct messages to the Russians on key priorities for us,” Blinken said. “And as I mentioned, these include securing the return home of Brittney Griner and Paul Whelan.”

Griner Arrested for Cannabis Possession in February

Griner, the star center for the WNBA’s Phoenix Mercury and a two-time women’s basketball Olympic champion, was arrested by Russian authorities at an airport outside Moscow in February after customs officials allegedly found vape cartridges containing less than one gram of cannabis oil in her luggage. Griner has pleaded guilty to the charges she faces, which could send her to prison for up to 10 years. Her trial continues at a courthouse in the Moscow suburb of Kimki as authorities hear additional testimony before deciding her fate.

Whelan has been held by Russian authorities since 2018 on espionage charges. If the offer from the Biden administration is accepted by the Russian government, Griner and Whelan would be exchanged for Viktor Bout, a Russian convicted of arms trafficking in 2018 who is serving a 25-year prison sentence in the United States.

A senior Biden administration official said that the Russian government was unresponsive to the “substantial offer” presented in June, adding that “it takes two to tango.”

“We start all negotiations to bring home Americans held hostage or wrongfully detained with a bad actor on the other side. We start all of these with somebody who has taken a human being American and treated them as a bargaining chip,” the official said. “So in some ways, it’s not surprising, even if it’s disheartening, when those same actors don’t necessarily respond directly to our offers, don’t engage constructively in negotiations.”

The official did not reveal the conditions of the offer, saying it was in Russia’s “court to be responsive to it, yet at the same time that does not leave us passive, as we continue to communicate the offer at very senior levels.”

National Security Council Strategic Coordinator for Communications John Kirby said on Wednesday that Biden administration officials had spoken with the families of Griner and Whelan before Blinken revealed the prisoner exchange offer. He added that the White House is focused on bringing the two Americans home.

“We urge the Russians to move positively on that proposal, so we can get these two individuals home,” Kirby said. “The details of it, I think, are best left between us and our Russian counterparts.”

Apparently unhappy with the Biden administration for making the offer public, the Kremlin noted that prisoner exchange deals are usually negotiated discreetly.

“We know that such issues are discussed without any such release of information,” Peskov told reporters during a conference call. “Normally, the public learns about it when the agreements are already implemented.”

Griner’s attorneys, Alexander Boykov and Maria Blagovolina, said that the WNBA star’s trial will have to conclude before an exchange can be negotiated.

“From a legal point of view, the exchange is possible only after a court verdict,” the lawyers said, as quoted by the Russian media outlet RBC. “In any case, we will be glad if Brittney is soon at home and we hope that this will happen.”

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