By Simon Lewis
WASHINGTON (Reuters) - Even before Russia detained Wall Street Journal reporter Evan Gershkovich on Wednesday, the Biden administration was at an impasse over another American held by Moscow: Paul Whelan, a former U.S. Marine serving a 16-year sentence in a Russian prison.
With relations between the world's two largest nuclear powers strained to the breaking point by Russia's war in Ukraine, officials in Washington have for months been unable to reach a deal to free Whelan, convicted by a Russian court of espionage in 2020.
Whelan was left out of a December prisoner exchange that saw the United States and Russia trade WNBA star Brittney Griner for Viktor Bout, a convicted arms trafficker. That prompted the administration's critics to accuse it of unfairly favoring a celebrity and giving adversaries incentive to grab more U.S. citizens.
An earlier swap was conducted in April 2022 for Trevor Reed, another former U.S. Marine.
Paul Whelan's brother, David, has welcomed Reed's (OTC:REED) and Griner's releases even though both were detained after his brother. But he told Reuters in response to a question about any potential swap for Gershkovich that it would be "unacceptable" for the administration to again strike a deal that leaves Paul behind.
"I would be very disappointed in the U.S. government if they decided to bring home someone who had not spent as much time as my brother," David Whelan said in an interview.
State Department spokesperson Vedant Patel said in a news briefing on Thursday the Whelan and Gershkovich cases should not be compared. Washington continued to engage with Moscow on Whelan's case through a channel established by Biden and Russian President Vladimir Putin in 2021, he added.
"(Whelan's) release continues to be an absolute priority," Patel said.
Contacted on Saturday, Patel declined to elaborate on why the two cases should not be linked.
Russia's security service has, without providing evidence, accused Gershkovich of gathering information classified as a state secret about a military factory.
Contacted over the weekend by Reuters, the Russian foreign ministry did not respond to a request for comment on what impact, if any, Gershkovich's detention would have on the Whelan case.
On Sunday, in a phone call with U.S. Secretary of State Antony Blinken, Russian Foreign Minister Sergei Lavrov asked Blinken to "respect the decision of the Russian authorities" who say Gershkovich was caught "red handed," according to a summary of the call from Russia's foreign ministry.
In previous cases of Americans detained in Russia, Moscow has emphasized the need to let its justice system run its course before considering the possibility of any exchange, and has said negotiations should not take place in public.
The Wall Street Journal has denied Russia's claims and called for Gershkovich's swift release. A spokesperson for the newspaper did not respond to specific questions for this article.
Reuters was unable to reach Gershkovich's family for comment.
WRONGFULLY DETAINED
The detention of Americans overseas is a growing problem for the United States. Foreign policy experts say some governments - including Iran, Russia and North Korea - use arbitrary detention as a negotiating ploy.
Republican House speaker Kevin McCarthy, a frequent critic of President Joe Biden, told Fox News Digital on Thursday that Gershkovich's arrest, coming after the swap for Griner, showed "when the president pays ransom, they'll go after and take more Americans."
Biden on Friday called on Russia to release Gershkovich. The White House has said the espionage charges leveled against the journalist were "ridiculous."
To ensure a focus on the most urgent cases, the State Department designates some of the Americans held abroad "wrongfully detained," a step that moves a case to the jurisdiction of the special envoy for hostage affairs and opens the door for additional resources to be directed at winning their release.
Wall Street Journal Editor-in-Chief Emma Tucker told CNN on Friday she was "optimistic" Gershkovich would soon get that designation.
"When that happens, that's official recognition that the charges against him are bogus and after that things, we hope, could move a bit more swiftly," Tucker said.
Whelan is the only American detained in Russia with that designation. Lawyers who work on cases of U.S. citizens detained overseas have also been pushing for the administration to also designate Marc Fogel, a teacher who like Griner was charged with cannabis possession in Russia, as wrongfully detained.
The State Department has called for Fogel's release on humanitarian grounds and says it continually reviews whether such cases meet the requirements for "wrongfully detained." A department spokesperson declined to comment further on the lack of a designation. Fogel's family was not immediately available for comment.
The Biden administration has secured the release of at least 25 "wrongfully detained" Americans. More than 30 other U.S. citizens are still being held abroad with that designation.
David Whelan said while Gershkovich's detention might divert U.S. government attention away from his brother's case it could also provide impetus for a joint swap involving both Americans.
"I'm on the fence about whether this is likely to help Paul's case or hurt it," he said.
On Sunday, Blinken called for the "immediate release" of both Americans.
Tom Firestone, former resident legal adviser at the U.S. embassy in Moscow, said he expects the Biden administration will designate Gershkovich as wrongfully detained fairly quickly and seek a prisoner exchange alongside Whelan.
"Despite tremendous efforts they have not been able to get Whelan out," Firestone said. "Now they're going to have to double those already substantial efforts to try to get two people accused of espionage out."
A State Department spokesperson did not respond to a question about the additional efforts now required.