On Wednesday, during the confirmation hearing for Sen. Marco Rubio, R-Fla., to become secretary of state, something remarkable happened.

Yes, it was political. Everything in Washington is political, whether it should be or not. Yes, it was partisan. In a narrowly divided chamber like the U.S. Senate, everything is partisan. You can’t order coffee without it becoming a red-vs.-blue battle of wills.

But there was a strong statement of position offered on the future of a man from Allegheny County. U.S. Sen. Dave McCormick, R-Pa., asked the man who would be responsible for pursuing and enforcing U.S. foreign policy about bringing Oakmont history teacher Marc Fogel back from the Russian prison where he has been for three years.

Fogel was arrested at a Russian airport in August 2021 for possession of 17 grams of medical marijuana legally dispensed in Pennsylvania. He was sentenced to 14 years in a penal colony, five years more than WNBA star Brittney Griner received for the same offense. It was a penalty closer to the 16 years given to Evan Gershkovich and Paul Whelan, both convicted of espionage.

The State Department finally designated Fogel as wrongfully detained last year, but only after the historic prisoner swap that brought home other American prisoners in August.

Rubio has been a voice for Fogel in Congress for years. In 2022, he joined with McCormick’s predecessor, Bob Casey, in sending a letter to Secretary of State Antony Blinken pushing for the wrongfully detained designation, which increases support and priority for Fogel and his family. Another bipartisan and bicameral letter was sent in August, shortly after the prisoner swap.

Rubio’s comments on the Fogel case were perhaps the most public made since the arrest. They are also the most pointed about both the unfairness of his situation and the danger it represents for Americans abroad.

“This is a ridiculous case. This is an American that — clearly there was an order given at some level that if you see an American and there’s anything you can charge them with, charge them and let’s collect these and we can trade them in the future for something,” Rubio said. “There’s now an active global market for detaining Americans in Venezuela, in Russia, in China, in Iran and using them to trade for something they want in the future. I think there needs to be greater awareness of that reality.”

Rubio used Fogel’s case as an example of how the U.S. and Russia must forge a better working relationship.

“No one can claim, nor do they, that he’s a spy. This is a case that has to be elevated and, hopefully, one that can be done through strong private diplomacy at a minimum as a goodwill gesture, because if they’re not willing to do this — not to mention the broader challenges posed to us by what (Russian President Vladimir) Putin is doing in Ukraine — then I think the chances for improvement in U.S.-Russian relations is impossible,” he said.

Russia being moved to make a goodwill gesture seems unlikely. The Biden administration has called on Russia to release Fogel on humanitarian grounds since his arrest. Fogel has been hospitalized at least four times over the course of his incarceration.

But Rubio has proved the most assertive voice on the importance of freeing a teacher who was in Russia working in America’s interest teaching diplomats’ children. He also puts a spotlight on the simple fact that Fogel is a symbol of a threat against all Americans amid precarious relationships with some countries today.

If nothing else, Rubio did what few in top government positions have done over the last three years. He said Fogel’s name, spoke to his need and promised priority to his case.

Editor’s note: a previous version of this story noted the amount of medical marijuana in Fogel’s possession as 0.17 grams.

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