The Corner

Politics & Policy

No Trade Is Better Than a Bad Griner Trade

Brittney Griner stands inside a defendants’ cage before the verdict in a court hearing in Khimki outside Moscow, Russia, August 4, 2022. (Evgenia Novozhenina/Pool/Reuters)

Russian foreign minister Sergey Lavrov told reporters at a summit in Cambodia on Friday that Russia is ready to discuss a prisoner swap with the U.S. that would free WNBA player Brittney Griner, who was sentenced to nine years in Russian prison on drug-smuggling charges. Griner is being transferred to a penal colony to serve her term. Lavrov stated that Moscow is “ready to discuss this topic, but within the framework of the channel that has been agreed by the presidents.”

Shortly thereafter, U.S. secretary of state Antony Blinken said the U.S. will engage in discussions with the Kremlin. Also on Friday, President Joe Biden said, regarding the administration’s efforts to bring Griner home, “I’m hopeful. We are working hard.” U.S. officials are also hoping to include Paul Whelan, an American sentenced to 16 years in prison on spying charges in 2018, in the deal. Both the U.S. and Whelan deny the charges against him.

The Biden administration is negotiating to swap Griner and Whelan for Viktor Bout, a Russian arms trafficker serving a 25-year federal prison sentence on four counts of conspiring to kill Americans, obtaining and exporting anti-aircraft missiles, and providing material support to a terrorist organization. Bout, also known as the “Merchant of Death,” was arrested in 2008 during a Thailand sting operation for selling $20 million worth of weapons to the Revolutionary Armed Forces of Colombia (FARC), a Marxist-Leninist guerilla group. The weapons included hundreds of surface-to-air missiles, 10 million rounds of ammunition, and five tons of plastic explosives, and were to be used to kill Americans in Colombia, according to the DOJ. Bout was also accused of selling weapons to al-Qaeda, the Taliban, and Rwandan militants. Former attorney general Eric Holder called Bout “one of the world’s most prolific arms dealers.” 

Griner said in Russian court that she knew of Russia’s stringent drug laws and mistakenly brought cannabis oil into the country. Griner said she was in a rush and “stress packing.” Griner said in her speech, “I never meant to hurt anybody, I never meant to put in jeopardy the Russian population, I never meant to break any laws here.” Griner’s lawyer, Maria Blagovolina, gave the court a U.S. doctor’s note recommending that Griner use cannabis oil to alleviate pain. “The attending physician gave Brittney recommendations for the use of medical cannabis,” Blagovolina said. “The permission was issued on behalf of the Arizona Department of Health.” Medical marijuana is not legal in Russia.

I previously wrote that the Biden administration was weak to have failed to secure Griner’s release. However, given that the offenses that Griner and Bout have committed are vastly disproportionate, this trade would be highly inappropriate. Bout is a potential national-security threat who has past ties to terrorism, and he should serve the rest of his 25-year term in prison. It would be unacceptable to trade Griner for a man who is in prison for selling weapons to a group that planned to kill Americans. It is hard to believe that Griner erroneously put cannabis oil in her suitcase. If she did intentionally pack it, she likely knew she was breaking Russian law. The U.S. must find a different path to free Griner.

 There are other Americans stuck in Russian prisons about whom one never hears, but Griner is getting special treatment because she is a WNBA player. If Biden goes through with this deal, it would be reminiscent of former President Obama’s decision to trade Bowe Bergdahl for five Taliban Gitmo detainees back in 2014. Bergdahl deserted his infantry regiment in Afghanistan in 2009 and was captured by the Taliban. He pleaded guilty to desertion and misbehavior before the enemy. That swap should never have happened. If the Biden administration were prudent, it wouldn’t make this swap and instead look for other avenues to bring first Whelan, and then Griner, home. 

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