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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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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