Marc Fogel receives ‘wrongfully detained’ status from U.S. government
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For Marc Fogel’s family, the excitement over the U.S. government finally declaring the Oakmont history teacher wrongfully detained by Russia is tempered by the reality that he’s still not home.
In mid-October, President Joe Biden called Fogel’s wife to tell her his administration was still working to obtain Fogel’s release from a Russian prison where he’s been held for more than three years for having medical marijuana.
A week later, Fogel’s family learned that what they’d fought so long for had finally happened: The U.S. Secretary of State had finally declared him wrongfully detained, a designation that allows an American special envoy to negotiate for his release and permits the family to access much-needed resources.
The news buoyed their spirits, giving them hope that the 63-year-old prisoner might be let go soon.
But after weeks of waiting — and keeping his new status under wraps — the family remains faced with the reality that another Christmas has gone by without Fogel’s release.
“These negotiations are very fraught with pitfalls,” Fogel’s sister, Anne Fogel, 60, of Missoula, Mont., told TribLive on Friday. “It’s going to take time.”
A State Department spokesman said Friday that the U.S. government tried to get Fogel included in a massive, multi-nation prisoner swap that freed several Americans in Russia on Aug. 1 but was unable to do so.
“The United States has been working to secure Marc Fogel’s release for some time,” the spokesperson said.
‘Long, hard slog’
Fogel’s family has been pushing for years to have him receive the label of “wrongfully detained.” They even filed a federal lawsuit in June against the State Department and Secretary of State Antony Blinken alleging the government was treating Fogel differently than others who had been held in Russia and released, including WNBA Star Brittney Griner.
“The main goal for the family is to make sure that he is kept a top priority for the government, that they continue to try to broker some sort of deal with the Russians,” said attorney Edward Phillips, who has been working with Fogel’s family.
Late Thursday, Phillips filed a notice of voluntary dismissal of the lawsuit in federal court given the new designation.
Biden emphasized to Fogel’s wife, Jane, that securing her husband’s release was a top priority, according to his sister.
“He assured her Marc is prioritized and they were working diligently,” Anne Fogel said. “The channels are open, and they’re discussing things.”
The family hoped keeping the designation and ongoing negotiations quiet could help speed the process to ensure Fogel’s release. But as time wore on, they decided this week to go public.
“It’s a relief to be able to be open about it,” Anne Fogel said. “It was long in coming.”
On Nov. 1, she said, Roger D. Carstens, Special Presidential Envoy for Hostage Affairs, and other State Department staff traveled to Pittsburgh to meet with Jane Fogel and one of the couple’s sons. Malphine Fogel, Marc’s mother and his staunchest advocate, also attended.
At that meeting, Anne Fogel said, the officials described the work the special envoy does and what it will look like when Fogel eventually returns home.
Anne Fogel said they don’t know why it took more than three years to get the designation, and the State Department spokesperson would not say.
“We’re not in a position to complain,” Anne Fogel said. “We’re looking to build bridges.”
Her mother was thrilled when they received the news.
“It’s very fulfilling,” Anne Fogel said. “It’s been an incredible amount of work. This is Mt. Everest for us as a family.
“It’s been a very long, hard slog.”
Since the designation, Anne Fogel said her brother expressed relief to know that he’s been prioritized.
Fogel, then 60, was arrested Aug. 14, 2021, after returning to Moscow from Pennsylvania. He was about to begin his 10th — and final — year teaching American history at the Anglo-American School there.
When he landed at Sheremetyevo Airport that day, he had medical marijuana with him, prescribed following three back surgeries and decades of pain. He was arrested, tried and convicted of possessing less than an ounce of medical marijuana. He was sentenced to serve 14 years in a Russian maximum-security penal colony.
Fogel was moved to the facility several hours from Moscow in fall 2022. Since his incarceration, he’s been hospitalized at least four times.
His family and local congressional delegation for years pushed the government to label Fogel as wrongfully detained — a designation set by the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act of 2020.
There are 11 criteria, including that the person is being detained substantially because of American citizenship and as a pretext for an illegitimate purpose.
Fogel met at least six of the criteria, his advocates have argued.
Being labeled wrongfully detained brings with it significant resources for the family, including medical care and mental health services for Fogel and financial support upon his return. It also provides funding for two family members to travel to Washington, D.C., to advocate for their loved one.
“The designation brings about a lot of resources and a lot of government support. It’s hugely important for bringing him home,” Phillips said. “Keeping him a top priority is certainly an important thing to do in these coming weeks.”
A ‘devastating’ development
On Aug. 1, the United States completed a complex prisoner swap with Russia that freed Wall Street Journal reporter Evan Gershkovich, ex-Marine Paul Whelan and Radio Free Europe journalist and Russian-American Alsu Kurmasheva.
Fogel was not included, leaving his family grief-stricken.
“It was devastating,” said his sister, Lisa Hyland, 65, of O’Hara.
Much of the family’s frustration revolved around the mystery of how the State Department handles the designations. Sometimes prisoners are released soon after getting it, Hyland said, while others might wait for years.
“There were people included (in the swap) that were there a lot less time than him,” Hyland said. “I don’t know what the calculus is.”
When Fogel calls home, Hyland said, the talks are often superficial — ‘how are the kids?’ ‘Did the Steelers win?’
“It’s hard to have a deep conversation because it’s not a private conversation,” she said.
He hasn’t called for about a week, Hyland said.
“Being gone at the holidays is particularly difficult,” she said.
Receiving the news about the designation was cause for celebration, Hyland said.
“But then a few weeks go by, and he’s not here yet.”
While the family is grateful, she said, the fact remains that her brother is still imprisoned in Russia.
“Until he gets on an airplane and is on the way home, it’s hard to know how close things are,” Hyland said. “This is a very important step, and we’re very thankful to everyone on both sides of the aisle to make it happen.”
Members of Pennsylvania’s congressional delegation were happy to hear about the change in Fogel’s status.
“For years, I have been fighting alongside Marc Fogel’s family to end his cruel and unjust detainment in Russia,” said U.S. Sen. Bob Casey, D-Scranton. “This designation is an important step in that fight, and the U.S. must finish the job and bring Marc home.”
U.S. Rep. Mike Kelly, R-Butler, said it was long overdue.
“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,” he said. “We will continue to work toward the day when Marc is free and is reunited with his family in Western Pennsylvania.”