Brittney Griner

The massive prisoner swap which led to Russia’s release of prisoners Evan Gershkovich, Paul Whelan and Vladimir Kara-Murza, among many others, is the greatest gift their families and loved ones could ever hope for — in several cases, it is a lifesaving development. But it also serves as an indication of just how much the practice has become a weapon of the world’s great powers. For my family, the news is deeply personal. Vladimir, a longtime dissident imprisoned for the crime of speaking out against the war in Ukraine in remarks to the state legislature of Arizona, was a pallbearer along with me for my father-in-law, John McCain. My wife joined with his, Evgenia, to speak to a bicameral congressional committee earlier this year to advocate for his release.

Was WNBA star Brittney Griner the subject of so much White House attention because she was an important showpiece? Nobody can claim they are unhappy Griner is home safely. No one can sit here and say she should have been left to suffer in Russia. But at the same time, Griner, through all fault of her own, ended up in the middle of a foreign policy struggle.

The rule is simple: abroad, Americans are subject to the host country's laws and legal system, whether that be Great Britain or Russia. The Bill of Rights does not follow Americans to foreign countries, nor will the US government intervene with the host country on their behalf. Try and bring some weed into Japan, and if you're caught, you're looking at years behind bars. No matter if it's a small amount for personal use back home. In Japan, anything over about an ounce means you intended to sell it, and the punishment is accordingly lengthy. I should know: I spent seven years in Japan visiting American prisoners as part of my State Department job. The top three reasons for their arrests were drugs, drugs, and drugs. Just like Brittney Griner.

The State Department estimates that more than 3,000 Americans are imprisoned abroad, on grounds ranging from small amounts of marijuana to multiple murders. For all but a handful, the government explicitly states they cannot get you out of jail, tell a foreign court or government you're innocent, provide legal advice or represent you in court. The president certainly is not in the habit of making calls to the Russians telling them to please let you go, you didn't mean to have that vape cartridge of hash oil in your suitcase at Customs. The key to getting the full force of the United States government working for your release is to be "wrongfully detained," a qualification that applies to fewer than 40 out of those 3,000-some Americans locked up.

I sympathize with Brittney Griner. The WNBA star currently detained in Russia is arguably the face of her sport. This week Griner pleaded guilty in court to possession of hash oil upon her entry to Russia. She has been detained for several weeks now; her and her family have made several pleas to the Biden administration to step in and free her, which they should — without giving up notorious Russian arms dealers or criminals. (President Biden, meanwhile, has been remarkably lenient towards the Russian nationals who use illicit substances with his son — but that's a tale for another time.) The conflict in Ukraine and the Biden administration’s proxy war against Russia complicates this matter further — once again, Biden and his State Department find themselves in a jam.