New federal filings show the State Department officially designated Marc Fogel, the Pennsylvania teacher held in Russia since 2021, as “wrongfully detained.” The rare designation puts the full force of the U.S. government behind the cause of getting a prisoner home.
Russian authorities arrested Fogel in August 2021 after finding a small amount of medical marijuana on him. Fogel and his wife were on their way to Russia for their 10th year of teaching in Moscow.
In 2022, Fogel was sentenced to 14 years of hard labor for drug possession charges.
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Fogel’s mother, Malphine Fogel, sued the State Department this June. She said the agency had failed to explain why they had not applied the “wrongfully detained” label to Fogel.
In her complaint, Malphine Fogel pointed out that the facts of her son’s case were similar to those declared wrongfully detained, including WNBA star Brittney Griner.
Fogel’s mother is filing this week to dismiss her own lawsuit, citing the State Department’s application of the “wrongfully detained” designation. The filing reveals the family learned about the label in October.
The attorney representing Fogel’s mother told the Pittsburgh Post-Gazette, “The designation is extremely important in terms of getting Marc home. It provides huge resources to the government to actually facilitate the release. In terms of getting a hostage home from a foreign country, this is absolutely necessary.”
Fogel has remained in Russia despite multiple deals securing the release of Americans held in the country.
The U.S. got Griner home after 10 months in Russian detention in December 2022 in a deal that swapped her for a convicted Russian arms trader.
A prisoner swap in August led to 15 people held in Russia being freed, including U.S. Marine veteran Paul Whelan and Wall Street Journal reporter Evan Gershkovich.
Fogel’s family is asking the outgoing Biden administration and incoming Trump administration to work together to secure his release.
