Don’t forget about Marc
For whatever shortcomings exist in America’s justice system, the rights afforded to the accused under our Constitution create a strong foundation for our courts to be fair and just.
Any American facing their day in court should hope those trusted as stewards of the Constitution will uphold those rights, and that they will be treated fairly, no matter the circumstances.
Look to Vladimir Putin’s Russia to see what can happen without those protections.
The Fourth, Fifth, Sixth and Eighth amendments, which protect our rights in criminal proceedings, have all been on my mind recently, as I grapple with the cruelty of the Russian government for detaining an American and doling out an excessively cruel sentence for possession of a small amount of marijuana.
I am not talking about WNBA star and Olympic gold medalist Brittney Griner.
I am talking about my cousin Marc Fogel, who was arrested at the Sheremetyevo Airport in Moscow carrying about 17 grams of marijuana on Aug. 14, 2021. A doctor in Pennsylvania had recommended medical marijuana to Marc to treat a debilitating spinal condition.
Marc, 61, has been teaching children internationally for more than 30 years. He has taught in places such as Colombia, Oman and Venezuela. For the past decade he has taught history, economics and business at the Anglo-American School (AAS) in Moscow.
Marc pleaded guilty and expressed remorse, but on June 16 he was sentenced to 14 years of labor in a maximum security penal colony. Russian state media made ridiculous claims about Marc using his position to smuggle drugs and distribute them to Russian children. Even the prosecutors did not repeat that nonsense in court.
In making these claims, Russian media (in this context, the words “media” and “government” are interchangeable) makes clear that Russia’s treatment of Marc is hardly about protecting children, but entirely political, as the tension between our nations has worsened.
To put it into perspective, 17 grams is just over half an ounce. Earlier this year, a man was sentenced to 18 years after 400 kilograms, more than 880 pounds, of cocaine were found at the Russian embassy in Argentina. The punishment is not at all proportional.
I am not arguing it was sensible of Marc to try to sneak marijuana into Russia, of all places, but his arrest and treatment since has been incredibly painful for our family, including Marc’s wife, two sons, sisters and his 93-year-old mother. And we just want him home.
Their communication with him is extremely limited. Letters must be sent in Russian, and go through censors before they get to Marc. Marc relies on cell mates to translate the letters, and then must have them translate his own words to Russian to respond.
Currently, President Biden’s administration is seeking a prisoner exchange with Russia. America is offering a convicted arms dealer, Viktor Bout, for Griner and Paul Whelan, who was charged with spying in 2018 and is currently serving a 16-year sentence in Russia. Griner was detained in February, also accused of marijuana possession. She has since pleaded guilty, hoping for leniency.
Our family supports this exchange, and we hope to see Whelan and Griner reunited with their families – but we want the same for Marc.
I spoke with Lisa Hyland, Marc’s sister, by phone this week. She made clear the current goal is to convince the Biden administration to declare Marc as wrongfully detained, a distinction that has been granted to Griner.
“Our focus right now is to get the attention of the Biden Administration to classify him as wrongfully detained and bring to bear all the resources that they can, and to not just bring Brittney Griner and Paul Whelan home, but bring Marc Fogel home too. We can’t leave anyone behind,” she told me.
My family recently gathered for the Andreassi family reunion. It’s always a joyous occasion when this large, loving family gets together. This year, however, Marc’s unfair treatment cast a dark cloud over the affair. As we lined up for our meals, we all signed a letter to Secretary of State Anthony Blinken asking to bring Marc home.
Marc’s absence at the reunion was painful for our family, and we prayed that he will be with us next year.
President Biden, please don’t forget about Marc.
Jon Andreassi is a staff writer for the Observer-Reporter.