Reschenthaler urges feds to declare Oakmont teacher jailed in Russia as 'wrongfully detained'

An Oakmont teacher who has been held in a Moscow detention center for more than a year should be designated as “wrongfully detained,” U.S. Rep. Guy Reschenthaler, R-Peters, said in a resolution introduced Thursday in Congress.

Marc Fogel, 61, was detained at Sheremetyevo International Airport on Aug. 14, 2021, after authorities found him with 17 grams of medical marijuana. He said he had been prescribed marijuana to treat chronic pain from a spinal condition.

Fogel was charged with drug smuggling and drug possession. He pleaded guilty to both counts and was ordered to serve 14 years in a maximum-security penal colony, a sentence in Russia typically given to high-volume drug traffickers or killers.

On Thursday, Reschenthaler — along with cosponsors U.S. Reps. Glenn Thompson, R-Centre County, and Mike Kelly, R-Butler — introduced a resolution in response to what his office called “the Biden administration’s continued reluctance” to designate Fogel as “wrongfully detained.”

Under federal law, Fogel meets at least six of 11 established criteria to be designated as “wrongfully detained,” according to Reschenthaler’s office. Reschenthaler repeatedly has called for the Biden administration to grant Fogel that designation, prioritize his release and include him in any negotiations to bring American prisoners home from Russia.

A prior bipartisan letter from U.S. senators said he met criteria for “wrongfully detained” status, including that he is being detained largely because he is an American citizen; that his detainment is being used to influence U.S. policy, specifically to obtain a prisoner swap; and the Russian judicial system is not independent and is susceptible to corruption.

“It is indisputable Marc Fogel meets the definition of wrongfully detained under the Levinson criteria,” Reschenthaler said, referring to the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act, which lays out the federal criteria for the wrongfully detained designation.

“Yet, as his health rapidly deteriorates ahead of his transfer to a hard-labor penal colony, the Biden administration is still making excuses rather than following the letter of the law,” Reschenthaler said.

Fogel is slated to be moved to a Russian hard-labor penal colony. His family has said the dangerous, unregulated move to that site can take up to three weeks, and Fogel won’t be able to communicate with his family at all during the trip.

The resolution introduced this week would direct Biden and Secretary of State Antony Blinken to provide the U.S. House with “copies of all documents relating to the Department of State’s review of the statutory criteria for Marc Fogel to be designated as ‘wrongfully detained.’ ”

Related:

• Oakmont man detained in Russia to be moved to hard-labor penal colony

• Family seeks release of Oakmont teacher being held in Russian prison

• U.S. senators request State Department declare Oakmont man jailed in Russia 'wrongfully detained'

“As the Russian government continues its hostilities toward Americans, we must have complete access to the full report regarding Mr. Fogel’s detainment, trial and sentencing,” Thompson said. “It is imperative the State Department exhausts all efforts to return him to his family here in the United States.”

A State Department spokesperson said the department continuously reviews circumstances surrounding U.S. citizens detained overseas for indicators they are wrongful. The department also insists that Russia allows consistent, timely consular access to U.S. citizens detained in the country, and they urge the Russian government to ensure fair treatment and appropriate medical care, the spokesperson said.

The State Department spokesperson declined to comment further because of privacy concerns.

Kelly called Fogel’s 14-year sentence at a maximum-security penal colony “grossly disproportionate.”

Fogel had cooperated with Russian authorities and shown proof of his medical conditions.

He had been traveling to Russia to teach his 10th and final year at the Anglo-American School before his retirement. He taught internationally for 35 years.

Fogel already had his initial appeal hearing. His hearing lasted 15 minutes before his appeal was denied, according to his family. A second appeal will be heard by a new judge and is expected to take about six months.

WNBA star Brittney Griner has been held in Russia on marijuana charges since February. The Biden administration declared her to be wrongfully detained within days of her arrest. She has been sentenced to nine years in Russian prison.