Editorial: Bringing Marc Fogel home is Biden’s job
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The different branches of government have roles that are well defined, especially between the first two mentioned in the U.S. Constitution.
The legislative branch makes the laws. The executive branch implements them.
Politics and power being what they are, it doesn’t always end there. Congress gets to control the money, but the president — every president — juggles that money as much as possible to do what he wants. The president gets to nominate people to serve in critical positions, but the Senate can drag out the process, game the clock or just say no.
There is also the fact Congress is not a uniform entity, even when the House and Senate are held by the same party. It is a loose collection of 535 people who may or may not agree with each other on any given day. Even though partisanship reigns supreme, factions are breaking those down more all the time, with minority caucuses trying to exert more control on leadership.
It is surprising when almost anything actually gets done in Washington. When it does, it underlines the importance of that issue.
Like Marc Fogel.
The Oakmont teacher was arrested in August 2021 in Moscow for possession of medical marijuana prescribed for pain. In June 2022, he was convicted of drug trafficking and sentenced to 14 years in a Russian penal colony.
Since WNBA star Brittney Griner was arrested on similar charges and then freed in a prisoner swap last year, Fogel’s case has sparked attention from legislators, but less from the White House. The State Department has not designated Fogel as “wrongfully detained” and declines to give much comment on progress in his case.
That is a problem because these kinds of negotiations are solidly in the executive powers. But this is an area where the boundaries of the legislative arena are being pushed. In June, the Marc Fogel Act was introduced. The bill would set a clock and demand transparency for wrongful detention designations.
Now, a contingent of lawmakers from both parties and both chambers are taking another step, introducing a concurrent resolution calling for Fogel’s immediate release.
Diplomacy is the arena and responsibility of the president’s administration. But the Biden administration has been close-mouthed about Fogel, despite very public action on Griner and plenty of comment about Wall Street Journal reporter Evan Gershkovich and former Marine Paul Whelan, both held for alleged espionage.
A concurrent resolution will not hold the consequence of law or the weight of impeachment. Should it pass, however, it would speak of unanimity of purpose. It would level judgment that goes beyond party and chamber and speak of right and wrong.
If the Senate and House stand together to tell the Biden administration Fogel should not be in a Russian prison, the legislators do their job of laying down the law. The resolution says it is the president’s job to bring him home.