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Marc Fogel with his mother Malphine. The Pittsburgh area school teacher is now imprisoned in Russia for bringing a small amount of medical marijuana into the country, in which he'd taught for nine years. While the Biden administration worked to free Bethany Griner, an WNBA star, it was done nothing for Vogel, not even acknowledging his case.
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Marc Fogel's mother disheartened the Oakmont teacher isn't part of massive prisoner swap

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Marc Fogel's mother disheartened the Oakmont teacher isn't part of massive prisoner swap

Biden administration says they continue to work to free Fogel, who was sentenced to 14 years of hard labor

Malphine Fogel learned of the massive multinational prisoner swap deal involving four Americans on Thursday the same way most of the country did — by watching the news on television.

Although for Ms. Fogel, 95, the news represented a sliver of hope for her son, Marc Fogel, who turned 63 on Sunday in a Russian prison. The Oakmont teacher was arrested in 2021 and charged with drug possession.

As the hours ticked by, that hope turned to disappointment as it became clear her son would not be freed in the deal with Moscow that included Wall Street Journal reporter Evan Gershkovich and Michigan corporate security executive Paul Whelan. The swap set some two dozen people free, according to officials in Turkey, where the exchange took place.

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In an interview in her Butler home on Thursday, Ms. Fogel told the Post-Gazette the news that her son would not be returning home has been heartbreaking.

Reporter Evan Gershkovich hugs his mother Ella Milman, left, at Andrews Air Force Base, Md., following his release as part of a 24-person prisoner swap between Russia and the United States, Thursday, Aug. 1, 2024. Looking on at right is Elizabeth Whelan, sister of released prisoner Paul Whelan.
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“I’m 95 years old and I don’t know how much time I have left,” she said. “I want to see him.”

Mr. Fogel was arrested at the Sheremetyevo Airport outside of Moscow in August 2021 as he returned to the country for his 10th and final year as a history teacher at the Anglo-American School of Moscow. He was charged with possession of marijuana and sentenced to 14 years of hard labor.

Coping with his absence has not gotten any easier in the past three years, Ms. Fogel said.

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“I pray a lot, but there isn’t much we can do,” she said. “When he calls, I try not to sound upset. I don’t want him to worry about us, but I’m sure he worries about me. … It’s disheartening to see them making progress with other cases and it seems like Marc’s in limbo.”

Ms. Fogel said the last time she spoke to her son was about a week ago, but said he called his sister Thursday morning.

“I think he knew what was going on and wanted to warn her,” Ms. Fogel said.

Signs calling for the release of her son sit outside Malphine Fogel’s Butler home three years after Marc Fogel was arrested in Russia.(Jacob Geanous/Post-Gazette)

White House National Security Adviser Jake Sullivan on Thursday said President Joe Biden’s administration is “actively” working to get Mr. Fogel returned home as well.

Malphine Fogel, mother of American teacher and Russian detainee Marc Fogel, tries to keep herself composed after she announced her decision to file a lawsuit against Secretary of State Antony Blinken during a press conference in her Butler home on Thursday, June 20, 2024. Mrs. Fogel alleges her constitutional rights have been violated due to the unequal application of the U.S. Department of State’s wrongfully detained designation.
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When the administration first sought the release of Mr. Whelan and WNBA star Brittney Griner in 2022, "we also sought to release Marc Fogel. ... We are actively continuing to do so and are engaged in active discussion on how we can get to that, how we can get to a path to get him home," Karine Jean-Pierre, White House press secretary, said.

U.S. Sen. Bob Casey, D-Pa., said while he was glad to hear about the release of other prisoners, he doesn’t want Mr. Fogel to be forgotten.

“For years, I have been working alongside Marc’s family to push the administration to bring Marc home,” he said. “While Marc’s name may not be in the news every day, he is no less deserving of a reunion with his family. This is a difficult day for Marc and his family.”

Mr. Fogel’s sentence in a harsh prison is likely aggravating his health issues, said U.S. Rep. Chris Deluzio, D-Aspinwall, and gives urgency to the effort to bring him home.

“The sad reality that Marc Fogel is not headed back to Western Pennsylvania makes this a crushing day for his family, our community, and all who have been in the fight to try and bring him home,” he said.

Ms. Fogel wrote in a lawsuit against the federal government in June that she has been given no explanation as to why her son has not been declared “wrongfully detained” when his case parallels so many other Americans who have been declared as such.

The Russian Ministry of Internal Affairs later alleged on its website that Mr. Fogel used his diplomatic status through the school to import and distribute drugs to Russian children, claims the lawsuit said were “so outrageous and blatantly false that even the Russian prosecutors did not repeat them at trial.”

His arrest and conviction, according to the lawsuit, were part of Russia’s larger plan to detain Americans to create leverage in negotiations with the U.S. involving Russian detainees.

U.S. Rep. Mike Kelly, R-Butler, said the campaign to free Mr. Fogel has been “an ongoing effort for us for almost three years now.”

“There’s no reason for Marc Fogel to be detained,” he said. “There’s also no reason for the State Department to not be able to come clean with us on what their plans are when it comes to getting Marc Fogel released.”

He added that many meetings with State Department officials have been with political appointees, saying, “I’d rather talk to lifetime members of the State Department to see exactly where we are.”

Rep. Summer Lee, D-Swissvale, said the news of Mr. Fogel’s continued detainment is disappointing.

“It's time to bring Marc home. His family and our community need him back,” she said.

The sprawling deal is the latest in a series of prisoner swaps negotiated between Russia and the U.S. in the past two years but the first to require significant concessions from other countries.

This image released by the White House shows Evan Gershkovich, left, Alsu Kurmasheva, right, and Paul Whelan, second from right, and others aboard a plane, Thursday, Aug. 1, 2024, following their release from Russian captivity. (White House via AP)

But the release of Americans has come at a price: Russia has secured the freedom of its own nationals convicted of serious crimes in the West by trading them for journalists, dissidents and other Westerners convicted and sentenced in a highly politicized legal system on charges the U.S. considers bogus.

The deal would be the latest exchange in the last two years between Washington and Moscow, including a December 2022 trade that brought Ms. Griner back to the U.S. in exchange for notorious arms trafficker Viktor Bout and a swap earlier that year of Marine veteran Trevor Reed for Konstantin Yaroshenko, a Russian pilot convicted in a drug trafficking conspiracy.

Ms. Fogel said while she wants to see her son released, she was happy to learn others were freed. 

“I’m glad [Mr. Gershkovich] is out,” she said. “I’m glad Whelan finally got out, but I just wish they would pay a little more attention to Marc’s case.”

The Associated Press contributed to this report.

First Published: August 1, 2024, 4:43 p.m.
Updated: August 2, 2024, 7:44 p.m.

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Marc Fogel with his mother Malphine. The Pittsburgh area school teacher is now imprisoned in Russia for bringing a small amount of medical marijuana into the country, in which he'd taught for nine years. While the Biden administration worked to free Bethany Griner, an WNBA star, it was done nothing for Vogel, not even acknowledging his case.  (Submitted photo)
Signs calling for the release of her son sit outside Malphine Fogel’s Butler home three years after Marc Fogel was arrested in Russia.  (Jacob Geanous/Post-Gazette)
This image released by the White House shows Evan Gershkovich, left, Alsu Kurmasheva, right, and Paul Whelan, second from right, and others aboard a plane, Thursday, Aug. 1, 2024, following their release from Russian captivity.  (White House via AP)
U.S. President Joe Biden, joined by relatives of prisoners freed by Russia, delivers remarks on the release of Wall Street Journal reporter Evan Gershkovich and former U.S. Marine Paul Whelan from Russian captivity, in the State Dining Room at the White House on August 01, 2024 in Washington, DC. The two, along with Alsu Kurmasheva, a dual U.S.-Russian citizen and Radio Free Europe journalist, Vladimir Kara-Murza, a Washington Post columnist, and others were released in a prisoner exchange with Russia.  (Alex Wong/Getty Images)
In this pool photograph distributed by Russian state agency Sputnik, Russia's President Vladimir Putin welcomes Russian citizens released in a major prisoner swap with the West, at Moscow's Vnukovo airport on August 1, 2024.  (MIKHAIL VOSKRESENSKIY/POOL/AFP via Getty Images)
Daughters of Alsu Kurmasheva Miriam Butorin and Bibi Butorin embrace while listening to US President Joe Biden with their father Pavel Butorin as he speaks in the State Dining Room of the White House after the freeing Americans detained in Russia August 1, 2024, in Washington, DC. Biden hailed the prisoner swap with Russia that saw the return of US journalist Evan Gershkovich and former US Marine Paul Whelan on Thursday as a "feat of diplomacy" that has ended their "agony."  (BRENDAN SMIALOWSKI/AFP via Getty Images)
President Joe Biden, right, reaches out to hold hands with Elizabeth Whelan, center, as he delivers remarks on a prisoner swap with Russia from the State Dining Room of the White House, Thursday, Aug. 1, 2024, in Washington. Elizabeth Whelan's brother, Paul Whelan, was part of the prisoner swap.  (AP Photo/Evan Vucci)
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