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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WNBA star Brittney Griner, after being locked up for months in Russia for a small amount of cannabis, was released Thursday in a one-for-one prisoner swap for international arms dealer Viktor Bout.

Griner, who plays for the Phoenix Mercury, was arrested at a Russian airport on February 17 and later pleaded guilty to charges of possession of cannabis cartridges in her luggage, one week before Russia invaded Ukraine. 

She ultimately faced nine years in prison for 0.7 grams of weed: “[Ms. Griner] bought two cartridges for personal use, which contained 0.252 grams and 0.45 grams of hash oil, totaling 0.702 grams,” Russian news agency TASS stated. Griner was transferred to a Russian penal colony last month.

Griner’s case is a flashpoint for debate—given the thousands of other Americans in prison in the U.S. and beyond on cannabis-related charges. Five months of diplomacy and deceitful messages from Russian officials finally came to an end.

“She’s safe, she’s on a plane, she’s on her way home,” Biden said at the White House, alongside Griner’s wife, Cherelle, Vice President Kamala Harris, and Secretary of State Antony Blinken.

The Russian Foreign Ministry said in a statement released by Russian news agencies that the swap took place in Abu-Dhabi and that Bout has been flown home. Last week a top Russian official said that a deal was underway, as did Biden.

Sergei Ryabkov, Russia’s deputy foreign minister, said on November 18 that there was new activity surrounding a potential prisoner swap, but people remained generally skeptical. Amid the unprovoked invasion in the Ukraine, tensions remain high.

The outcome, however, feels bittersweet for people with family members locked up on cannabis related charges.

Griner Release Comes at a Price

Griner’s release comes at a price: In order to secure Griner’s release, Biden ordered Bout, known as the “Merchant of Death,” to be freed and returned to Russia as a stipulation. Biden signed a commutation order freeing Bout from his 25-year federal prison sentence.

Bout is a former Soviet Army lieutenant colonel who was described by the U.S. Department of Justice as one of the world’s most prolific arms dealers. Bout’s fingerprint can be seen in the supply of missiles and arms in violent wars in Afghanistan, Colombia, the Congo, and the overthrow of the Gaddafi government in Libya in 2011.

Frankly, the fact that 0.7 grams of weed is considered equivalent is outrageous.

CBS News reports that according to the former Moscow Ambassador John Sullivan, Russian officials fixated on freeing Bout, or no deal was in order.

Bout was arrested by the U.S. Drug Enforcement Agency (DEA) in Thailand following a sting operation carried out by American agents in 2008. He was eventually convicted of conspiring to kill Americans and was sentenced to 25 years in prison about 10 years ago. 

Bout was most recently incarcerated at a federal prison in Marion, Illinois before the release.

Free Other Prisoners

As thousands of other cannabis prisoners in the U.S. and beyond await their own releases, some celebrities pointed out the hypocrisy. 

U.S. officials attempted for several months to bring home both Griner and Paul Whelan, a Michigan man also locked up in Russia since December 2018 on “espionage charges” that his family and the U.S. government both deny.

“We’ve not forgotten about Paul Whelan,” Biden said. “We will keep negotiating in good faith for Paul’s release.”

But it’s important to keep in mind that Whelan’s own family supports the release, despite still waiting for Paul’s release. “The Biden Administration made the right decision to bring Ms. Griner home, and to make the deal that was possible, rather than waiting for one that wasn’t going to happen,” Paul’s brother David said in a statement.

Last April, the U.S. traded Russian cocaine smuggler Konstantin Yaroshenko for American former prisoner Trevor Reed. 

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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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