A newly introduced bill aims to shed light on the State Department's process for determining wrongful detentions of American citizens abroad. Pennsylvania Representative Guy Reschenthaler spearheaded the legislation, known as the Marc Fogel Act, in response to the ongoing detention of several Americans overseas, including teacher Marc Fogel.
The act modifies the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act, mandating the State Department to furnish Congress with documentation explaining the rationale behind wrongful detainment decisions, or the lack thereof, within six months of an American's arrest abroad. This measure seeks to address concerns about transparency and accountability in these critical situations.
(L) Secretary of State Antony Blinken (R) Marc Fogel (Photos courtesy Ellen Keelan and Lisa Hyland)
Reschenthaler's push for this legislation stems from the case of Marc Fogel, an American teacher detained in Russia since August 2021 for possessing medical marijuana. Despite meeting several criteria outlined in the Levinson Act for wrongful detention, the State Department has not granted him this designation. Reschenthaler criticizes this inaction and the lack of explanation provided to Congress.
Fogel, 60, received a 14-year sentence for possessing medical marijuana, prescribed for chronic back pain, while working as a teacher in Moscow. His family and legal team argue that the sentence is excessive and highlight the deteriorating conditions of his physical and mental health. They advocate for increased diplomatic efforts to secure his release.
Paul Whelan, a former U.S. Marine who was arrested for alleged spying, listens to the verdict in a courtroom at the Moscow City Court in Moscow, Russia, June 15, 2020. (Sofia Sandurskaya, Moscow News Agency photo via AP)
The bill has garnered bipartisan support, with Democratic Representative Brendan Boyle joining as a co-sponsor. He emphasizes the urgency of bringing Fogel home and the importance of providing families with comprehensive information about their loved ones' cases. Fogel's case echoes other high-profile detentions of Americans in Russia, including Paul Whelan and Evan Gershkovich, raising concerns about the treatment of U.S. citizens abroad.
WNBA star and two-time Olympic gold medalist Brittney Griner is escorted from a courtroom after a hearing, in Khimki just outside Moscow, Russia, Aug. 4, 2022. (AP Photo/Alexander Zemlianichenko, File)
The Marc Fogel Act seeks to enhance transparency and ensure that Americans detained overseas are not overlooked. The bill's proponents believe it will provide much-needed insight into the State Department's decision-making processes regarding wrongful detentions, ultimately contributing to the safe return of American citizens held abroad.