Critics Accuse Biden Administration of Delaying Marc Fogel’s Designation as Wrongful Detainee

Critics Accuse Biden Administration of Delaying Marc Fogel’s Designation as Wrongful Detainee

The Biden administration faced significant backlash for its alleged delay in designating American Marc Fogel as a wrongful detainee in Russia. This assertion came from Republican lawmakers and former officials involved in efforts to secure his release.

House Chief Deputy Whip Guy Reschenthaler, R-Pa., voiced his frustration, stating that Fogel was perceived as an ordinary individual lacking celebrity status. He criticized the administration for failing to take decisive action to secure Fogel’s freedom, labeling the situation as appalling.

Understanding the Case of Marc Fogel

Fogel, a teacher from Western Pennsylvania, returned to the United States late Tuesday after being imprisoned in Russia. His release became possible following intervention from former President Donald Trump. Fogel was arrested at a Moscow airport in 2021 for possessing medical marijuana, leading to a harsh sentence of 14 years.

It wasn’t until October 2024 that the Biden administration officially classified Fogel as a wrongful detainee, with public acknowledgment occurring in December of the same year—just weeks after Trump’s electoral victory.

Bipartisan Appeal for Action

Reschenthaler first learned of Fogel’s detention in 2021. He promptly rallied bipartisan congressional support to urge the Biden administration to take action. Lawmakers, including Pennsylvania representatives and Senator Pat Toomey, co-signed a letter in August 2022 addressed to then-Secretary of State Antony Blinken, advocating for Fogel’s designation as a wrongful detainee.

This effort was framed in light of the case of WNBA player Brittney Griner, who was arrested in Russia just months later for a similar offense and was quickly classified as wrongfully detained. Reschenthaler pointed out the discrepancy, emphasizing the swiftness of actions taken in Griner’s case compared to Fogel’s.

Demanding Accountability from the State Department

Reschenthaler communicated several times with Blinken, seeking clarity on why Fogel did not receive the wrongful detainee designation. He reported that Blinken provided no satisfactory explanation, indicating a lack of urgency surrounding Fogel’s case.

The conditions that define wrongful detention are dictated by the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act. Lawmakers asserted that Fogel met at least six out of the eleven criteria outlined within this legislation, yet the ultimate judgment rests with the Secretary of State.

Contrasting Leadership Styles

Reschenthaler emphasized the differences between the approaches of Trump and Biden in handling foreign negotiations. He argued that Trump’s assertive style in negotiations resonated more strongly with foreign adversaries, leading to more positive outcomes in securing the release of detained Americans.

Reschenthaler noted that when Trump made threats, he would follow through, contrasting that with Biden’s approach, which he criticized as lacking assertiveness. According to him, this difference in leadership contributed to the delay in Fogel’s case.

A former Biden administration official countered these claims, defending the work done to secure Fogel’s release. They highlighted the advocacy efforts that led to the successful return of over 70 detained Americans, maintaining that designation as wrongful detainee does not dictate the extent of the administration’s efforts.

The Introduction of the Marc Fogel Act

Following two years without receiving a wrongful detainee designation, Reschenthaler and a bipartisan group of lawmakers, including Democrats, introduced the Marc Fogel Act in June 2023. This proposed legislation aims to ensure that Congress receives timely updates regarding the wrongful detention status of Americans abroad within six months of their arrest.

Reschenthaler expressed concerns over how career State Department officials felt inhibited by the political branch when addressing these cases. Lawmakers were frequently met with vague responses about the status of Fogel’s designation.

Bipartisan Efforts in a Polarized Landscape

Reinforcing the bipartisan nature of advocacy for Fogel, former national security advisor Robert O’Brien, who served under Trump, also took action during Biden’s tenure. O’Brien reached out to the Russian ambassador in a humanitarian gesture, advocating for Fogel’s release.

He revealed that the Biden administration supported his outreach efforts. Roger Carstens, Biden’s special envoy for hostage affairs, acknowledged the collaborative nature of these attempts to secure the release of detained Americans, highlighting the common goals that legislators from both parties shared in advocating for Fogel.

While O’Brien emphasized that bringing Americans home should transcend political divides, he acknowledged the significant strides made in securing the return of hostages during Trump’s presidency.

The Significance of Fogel’s Return

Carstens remarked on the comprehensive efforts applied throughout the negotiations for Fogel’s release. His return to the U.S. was celebrated positively, with bipartisan commendations for both the Trump administration’s role and efforts taken during the Biden administration as well.

O’Brien characterized Trump’s commitment to bringing detained Americans home as emblematic of an America First approach, highlighting a national priority amidst a divisive political climate.

A Welcome Home Celebration

Reschenthaler joyfully reported his attendance at the White House to welcome Fogel back to the U.S., standing alongside Trump during this momentous occasion. He reiterated the differences in priority levels shown by the Biden and Trump administrations regarding Fogel’s case, calling out Biden’s lack of action.

Amidst this complex narrative, the reunion marked not only Fogel’s safe return but also a poignant reminder of the ongoing implications of political dynamics on American citizens abroad. Ultimately, Fogel’s story symbolizes the challenges and triumphs faced in the quest for justice and liberation in foreign detention cases.