Marc Fogel not included in prisoner swap with Russia
Absent from the prisoner exchange with Russia that freed Wall Street Journal reporter Evan Gershkovich, Russian-American journalist Alsu Kurmasheva and former U.S. Marine Paul Whelan on Thursday, Aug. 1, was Marc Fogel, a Butler native and international teacher who remains behind bars.
Amid the prisoner swap, Fogel, an alumnus of Indiana University of Pennsylvania and graduate of Butler Area Senior High School, remains in a penal colony in Russia nearly three years into a 14-year sentence. His case has drawn comparisons to that of WNBA star Brittney Griner, who was released after 10 months.
Fogel turned 63 on July 28.
“Because we know firsthand the excruciating pain and despair of having a loved one unjustly detained and sentenced to an unprecedented prison term, we send well wishes to the Gershkovich and Whelan families as they reunite with Evan and Paul,” a statement from the Fogel family read. “However, it is incomprehensible that the U.S. government, which has secured the release of other Americans and even foreign nationals detained long after Marc, has refused to do the same for Marc Fogel. This glaring injustice and indifference are unacceptable. It is wrong, unfair, and not the America we know and love.”
The civilian prisoner swap is the largest since the Cold War, the AP reported, and is the latest in the past two years, following a December 2022 trade that brought WNBA star Brittney Griner back to the U.S. in exchange for arms trafficker Viktor Bout.
The youngest civilian released Thursday by Russian officials is 19 years old. The Russian-German national, Kevin Lik, was 17 at the time of his arrest. He opposed the war in Ukraine, the AP reported.
Russia meanwhile secured the freedom of eight nationals convicted of crimes in the West.
In a press briefing with press secretary Karine Jean-Pierre, National Security Advisor Jake Sullivan said the State Department is working on securing Fogel’s release.
“We’re going to build on it, drawing inspiration and continued courage from it for all of those who were held hostage or wrongfully detained around the world,” Sullivan said Thursday. “And that includes Marc Fogel, who we are actively working to get his release from Russia as well.”
Both Sen. Bob Casey, D-Pa., and Rep. Mike Kelly, R-16th, urged the State Department to continue working on Fogel’s release.
“This prisoner swap is good news for Evan Gershkovich, Paul Whelan, and their families, but Marc Fogel is still sitting in a Russian prison,” Casey stated. “Marc Fogel is a teacher from Pittsburgh with chronic health issues whose health has declined significantly during his imprisonment. His 95-year-old mother, Malphine, fears she will never see him again. As we celebrate the good news of today, we cannot forget about Marc and the Fogel family.
“While Marc’s name may not be in the news every day, he is no less deserving of a reunion with his family. This is a difficult day for Marc and his family. I have not forgotten about Marc, and I will never give up on bringing him home. I urge everyone who fought to bring Evan and Paul home to now work to do the same for Marc.”
Kelly expressed similar sentiments.
“I’m saddened not only for Marc, but also for his 95-year-old mother, Malphine Fogel, and Marc's family, who have been without him for more than 1,000 days,” Kelly stated. “I also want to commend former President Donald Trump for meeting with Malphine Fogel last month in Butler. As we celebrate the return of Evan Gershkovich and Paul Whelan, we must continue to work toward a day when Marc Fogel is also reunited with his family in Pennsylvania.”
Before the exchange, Casey, Kelly and several other Pennsylvania lawmakers called for Fogel, who has been imprisoned since August 2021 to be included in the prisoner swap. A Thursday morning news release from Kelly, Casey, U.S. Sen. John Fetterman, D-Pa., and U.S. Reps. Chris Deluzio, D-17th, and Guy Reschenthaler, R-14th, requested that the U.S. advocate for the release of the schoolteacher.
“As negotiations are ongoing with the Russian Federation, we respectfully request that any potential prisoner swap include Marc Fogel,” the statement read in part.
In a December letter, members of the Pennsylvania delegation made a similar call to Secretary of State Antony Blinken, saying any potential prisoner swap must include Fogel.
Fogel was sentenced for possession of medical marijuana used to treat a back injury, for which he had a prescription. Sasha Phillips, the Fogel family lawyer, has repeatedly stated the sentence is disproportionate to the crime.
A lawsuit filed by Marc Fogel’s mother against the Department of State alleges he was set up by an informant.
He has yet to be officially designated by the State Department as wrongfully detained.
On Thursday morning, Malphine Fogel had been watching sources for updates on the swap, she said.
“Marc is not rich, a celebrity or connected to powerful patrons,” the Fogel family’s statement continues. “All he has is his family, led by his 95-year-old mother, Malphine, who is fighting for her son’s rights. This fight has been met not with support and understanding, but with stonewalling, double standards, and — today — abandoning Marc to die in prison for less than an ounce of medical marijuana prescribed to manage his severe decadeslong spinal disease. We refuse to remain silent and will continue to fight for Marc. We demand immediate action to secure Marc’s release and call on President Biden, Secretary Blinken, Deputy Secretary Verma, and National Security Advisor Sullivan to say Marc Fogel’s name, designate him as wrongfully detained, and bring him home. The time for half-measures is over; we need results now.”
The Department of State did not respond to a request for comment Thursday evening.
The Associated Press contributed to this story.
