McCaul, Republican colleagues want Fogel freed from Russia

With women’s basketball star Brittney Griner again living on American soil since being freed from Russia in December 2022, U.S. House Foreign Affairs Committee Chairman Michael McCaul (R-TX) and eight of his congressional colleagues want more details on why the same isn’t true for Pennsylvania resident Marc Fogel, who has been detained in Russia for a year and a half.

“We respectfully request the State Department immediately transmit to Congress copies of all documents, memoranda, advisory legal opinions, notes from meetings, audio recordings, correspondence, and any other communications relating to the review conducted by the State Department of whether Mr. Fogel is ‘wrongfully detained,’” wrote Rep. McCaul and the Republicans in a Feb. 15 letter sent to U.S. Secretary of State Antony Blinken. 

Among the members who joined Rep. McCaul in signing the letter were U.S. Reps. Guy Reschenthaler (R-PA), Brian Fitzpatrick (R-PA), Mike Kelly (R-PA), Glenn “GT” Thompson (R-PA), Brian Mast (R-FL), Stephanie Bice (R-OK), and Mariannette Miller-Meeks (R-IA).

The State Department makes a discretionary, not legal, determination of whether someone is wrongfully detained overseas based on whether someone was arrested on discriminatory or arbitrary grounds, and then works to get the person released. For example, the Biden administration determined that WNBA star Griner was being wrongfully detained in Russia, and the United States worked aggressively to secure her release.

In their letter, the lawmakers wrote they have serious concerns that the State Department has not been able to provide information on why Fogel has not been classified as wrongfully detained under the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act. 

And they think Fogel may meet six of the 11 established Levinson criteria, including that he is being detained solely or substantially because he is a U.S. national, and to influence U.S. government policy or to secure economic or political concessions from America.

“Although Brittney Griner’s case is nearly identical in certain respects, there is an apparent disparity of treatment between Ms. Griner and Mr. Fogel by the Biden administration, especially when it comes with the apparent urgency with which the department briefs the Hill and reaches key decisions internally,” Rep. McCaul and his colleagues wrote. 

They added that the State Department has had ample opportunity to consider the designation of Fogel and to communicate with Congress in a classified setting, “yet, virtually nothing of substance has been shared, and Mr. Fogel still languishes in prison,” according to their letter.

“[We] urgently request more information from the State Department regarding his case,” they wrote.