Who Is Marc Fogel? American Remains Detained in Russia as Griner Released

As many celebrated the release of WNBA player Brittney Griner from imprisonment in Russia on Thursday, others were also quick to point out that other Americans still remain detained in the country.

One of these Americans is Paul Whelan, a former United States Marine who was arrested in Moscow in December 2018 after traveling to Russia for a wedding. He was sentenced to 16 years in prison by a Russian court on espionage charges in 2020, though he and his family have maintained that the charges against him are baseless.

Republican Representative Adam Kinzinger of Illinois was among those who took to Twitter on Thursday to ask why Whelan's release has not yet been negotiated after about four years of detainment.

But another name, one that has not garnered as much attention as Griner and Whelan, was also highlighted on social media in light of Griner's release.

"Please don't forget about Marc Fogel," Michael McFaul, a former U.S. ambassador to Russia, tweeted Thursday. "I knew Marc when I was U.S. Ambassador to Russia. He was a teacher to many of our diplomats and soldiers. He is a real patriot. We must fight for his release as well."

Fogel worked as a history teacher for years at the Anglo-American School in Moscow, where his students included the children of U.S. diplomats, CNN reported.

He was arrested in August 2021 at a Moscow airport 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. His case holds an interesting parallel to that of Griner, who was arrested in February this year for allegedly possessing cannabis oil when she arrived in Moscow.

Fogel was convicted of "large-scale drug smuggling" in June and sentenced at the same court outside of Moscow where Griner received her own 9-year sentence on drug smuggling charges, according to CBS.

But a major difference for Fogel is that, unlike Griner and Whelan, he has not been designated by the U.S. State Department as wrongfully detained.

Such a classification could be helpful in potential U.S. efforts to secure Fogel's release. Whether an American has been wrongfully detained in a foreign country is determined by the Secretary of State, who assesses the case with certain criteria outlined in the Robert Levinson Hostage Recovery and Hostage–Taking Accountability Act. The State Department's information page on wrongful detentions also notes that "every assessment will be different based on specific factors," and that a wrongful detention designation is not a legal determination.

With this designation in place, the efforts that the U.S. government may take include having local consular staff monitoring the detainee's condition, engaging the country that is detaining them and exerting pressure via the media.

A group of bipartisan senators sent a letter to Secretary of State Antony Blinken in August calling on him to designate Fogel as wrongfully detained, but the government does not appear to have done so.

"As Marc Fogel's family we are happy that Brittney Griner is free, safe and is on her way to reunite with her family in the U.S.," the family said in a statement provided to Newsweek. "We hope that the U.S. government will use this momentum to negotiate the safe return of other Americans currently imprisoned in Russia, including Marc, who was convicted for the same crime under nearly identical circumstances as Brittney, and is currently serving a 14-year sentence in a maximum-security correctional colony."

The family said that they were "pleased" to learn of Griner's return and "encouraged" by the fact that her freedom was achieved diplomatically.

"However, we are disappointed that Marc remains in Russia to serve his exorbitant sentence for possessing less than an ounce of medical marijuana," the statement said.

It noted that Fogel has not received proper medical care while in detention and his health has deteriorated as a result. He has a "substantial medical history of spinal disease, which requires continuous monitoring, regular doctor visits and access to adequate emergency services," the statement said.

"We urge the administration to do everything in their power to bring Marc Fogel and other U.S. citizens imprisoned in Russia home," the family added.

Newsweek reached out to the State Department for comment.