Wrongfully Detained, But No Longer Biden's Problem

The friends and family of Marc Fogel, the U.S. citizen and teacher who was arrested in Moscow on drug charges back in 2021, have been making a public pitch back for him to be designated as wrongfully detained under the Robert Levinson Act, but that had seemed to go nowhere. In all frankness, the guy was simply guilty as charged and caught red-handed. I posted much more on that at the time he was convicted: see this. 

However, something seems to have moved the Biden Administration to designate him anyway, and after all this time, just three weeks before they leave office. What motivated that, I wonder? 

A few good news media quotes here: 

An American schoolteacher arrested in Russia on drug charges more than four years ago has been designated by the U.S. government as wrongfully detained, the State Department said Friday.

“The United States has been working to secure Marc Fogel’s release for some time. We have long called for his humanitarian release and tried to include him in the August 1 deal, but were unable to. The Secretary determined Marc is wrongfully detained in October," the department said in a statement.

The designation traditionally shifts supervision of a detainee's case to the office of the Special Presidential Envoy for Hostage Affairs, a State Department office focused on negotiating for the release of hostages and other Americans classified as being wrongfully detained in other countries.

-- snip --

The State Department considers a range of factors in deciding whether to designate an American jailed in a foreign country as wrongfully detained, including if there's credible information that the person is innocent. The factors also include if they are being held for the primary purpose of influencing U.S. policy or securing concessions from the U.S. government.

Officials confirmed Friday that Fogel had now received that designation.

So, which consideration is it that moves the Biden Admin to act now? Does it think Fogel is innocent? Or does it think he's being used to either influence U.S. policy or to secure concessions from the USG? Those seem to be the only considerations that would make the Robert Levinson Act apply.  

I can't imagine which it is because they are all equally absurd. He's plainly guilty on the charge of smuggling weed, and he is not the kind of important character whom the Russians would try to barter for in policy or other concessions. 

It would not be disparaging to him if we consider Mr. Fogel to be a routine consular case of a citizen imprisoned abroad. Push for humanitarian parole from his 14-year sentence, but that's all. 

Why in the world should we give his family false hopes of a negotiated release now?