The United States government on Friday announced they have designated Marc Fogel as "wrongfully detained" in Russia.
Why It Matters
Fogel, a history teacher from Pennsylvania, is serving a 14-year prison sentence in Russia following his arrest at a Russian airport in August 2021. His family and supporters say he was carrying marijuana that had been prescribed for medical use.
The U.S. Department of State's designation of "wrongfully detained" prompts the U.S. government to begin actively working to negotiate someone's release, and Fogel's supporters have sought the designation since his arrest.
What To Know
Following Fogel's exclusion from a major prisoner exchange last August—which secured the release of Wall Street Journal reporter Evan Gershkovich and corporate security executive Paul Whelan—his family's legal team renewed calls for the Biden administration to act.
Fogel, 63, was arrested in Moscow after entering the country with roughly 17 grams of cannabis that his family and lawyer said was prescribed by a doctor in the U.S. to treat chronic pain.
Fogel was convicted of "large-scale drug smuggling" in June 2022 and sentenced at the same court outside of Moscow where WNBA star Brittney Griner received her own 9-year sentence on drug smuggling charges, CBS News previously reported.
The "Wrongfully Detained" Designation
The State Department evaluates several factors when determining whether to classify an American imprisoned abroad as wrongfully detained. These considerations include credible evidence of the individual's innocence and whether their detention appears to be a tactic to influence U.S. policy or extract concessions from the U.S. government.
The designation typically transfers oversight of a detainee's case to the State Department's Special Presidential Envoy for Hostage Affairs, an office dedicated to negotiating the release of hostages and Americans deemed wrongfully detained abroad.
What People Are Saying
The U.S. State Department said in a statement on Friday: "The United States has been working to secure Marc Fogel's release for some time. We have long called for his humanitarian release and tried to include him in the August 1 deal, but were unable to. The Secretary determined Marc is wrongfully detained in October."
Representative Mike Kelly, a Pennsylvania Republican, wrote on X (formerly Twitter): "Marc Fogel's designation as wrongfully detained is long overdue, but I'm pleased to see the State Department take this critical step. For years, I have met with the Fogel family and I have advocated in Congress for this designation."
What's Next
The U.S. government is expected to attempt to secure Fogel's release, which could potentially come in a prisoner swap with Russia.
This article includes reporting from The Associated Press.
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