US basketball star Brittney Griner’s legal battle isn’t over, despite the fact that it’s over sentenced to nine years in a Russian prisonsays Russia expert Kimberly St. Julian Varnon. The two-time Olympic gold medalist was arrested in March for transportation of two hemp oil vapor cartridges to Russia. She pleaded guilty in July but said she “didn’t intend to break any Russian law” and added that she brought the vape containers to Russia because she was in a hurry to catch her flight. But St. Julian Varnon says now that the sentence has been handed down, Griner and her legal team have some options. He says they will be able to appeal the decision, which could reduce her sentence, and Griner will also be able to seek a pardon from Russian President Vladimir Putin. US President Joe Biden is facing mounting pressure for a prison swap with Russia that would see the ringleader returned to the country’s soil. St. Julian-Varnon has notified the WNBA Players Association of the case and is a doctoral student at the University of Pennsylvania. Here’s part of her conversation with The Current guest Peter Armstrong and a look at what a prison swap might look like. Where do you think we are in this process and what are the big challenges in reaching this agreement? So this morning, as the New York Times reported, Russia is now seriously engaged in prisoner exchange negotiations. The deal has been on the table for a few weeks. But Russia has always said it will not engage in any negotiations until the Russian legal process is completed — and it is believed that process has been completed. I think the next few weeks will be important because Brittney Griner and her defense team have the legal option to appeal. So they have 10 days to file the appeal from the date of conviction. So depending on whether they appeal, which they likely will, the appeal could take days, weeks to months, depending on how far it goes. And in fact, in the Russian legal system, there are successful appeals. Many of them do not overturn sentences, but reduce sentences to the minimum allowed by the Russian legal code. WNBA star Brittney Griner is escorted into a courtroom. Russian officials said the country would be open to discussing a possible prisoner exchange with the US (Evgenia Novozhenina/The Associated Press) So that is also a possibility. But when it comes to prisoner exchange, we have to think about the appeals process. But also Russia accept a two-for-one deal that the United States appears to be offering: Viktor Bout, the convicted arms dealer in US federal prison, serving a 25-year sentence, in exchange for Brittney Griner and Paul Whelan, convicted of espionage in 2021. So you have a problem with American policy and how this deal is being handled. Political discourse is divided right now. There are Americans who believe that Brittney Griner, having pleaded guilty, is guilty, so that she will not be illegally detained, that she should serve a nine-year sentence. And on the other side, you have people who want it out right away, who want this deal done. And then you have another group of people who are concerned that, is it fair that a convicted arms dealer like Viktor Bout gets out of jail in exchange for two Americans? So this is a very complicated situation for the Biden administration, never mind that the US midterm elections are coming up in November. So this situation that has been a political firestorm since the news broke has a lot more meaning right now as we head into the midterm elections. Clearly, the Russians have more bargaining power than the US. Am I right about this? Absolutely. The cards are in Russia’s hands. They must dictate the terms of the negotiations. They can also dictate the time frame. And since Russia knows how much public pressure it is putting on the Biden administration, what incentive is there for Russia to move quickly on this? The longer they delay it, the more public pressure is put on Biden and the more they can try to leave the United States. And that’s how the Biden administration must deal. You have your cards on the table. Everyone knows your hand. But we don’t know what Russia is willing to do or what Russia is asking for. Meanwhile, he is in a Russian prison. Can you just give us an idea of what the conditions are like while he’s being held there? She is on remand, as she will be until she moves. He was sentenced to a penal colony. So pre-trial detention is somewhat like a prison. Griner holds up a picture of a basketball team at her hearing Thursday. (Evgenia Novozhenina/Pool Photo via AP) The penal colony is a whole different ball game. The penal colony, if you think about the gulags in Soviet history, those are just the descendants of the gulags. You will do a lot of work. It could be manual labor, it could be sewing uniforms, and it’s more camp. So think less of cells and more like barracks. And the problem there, I think, is that you’re going to see more isolation. So there is no guarantee that she will have someone with her who speaks English. On the one hand, you have this decision that she and her legal team will have to make about an appeal. But if you think there’s even a chance of a political deal for a prisoner exchange … how difficult will that decision be for Griner and her team? It’s a very difficult situation. So if you don’t appeal, you’re hedging your bet on a prisoner exchange or, now that he’s been convicted, he can testify and write to President Putin and ask for a presidential pardon. It is possible, however, that you are putting too many eggs in one basket. So what the appeal does is it allows her to challenge that nine year sentence and possibly reduce it to the minimum of five years. So these are all the things they should think about. But I think they will probably appeal just to do what they can with the Russian legal system to try to get her either a lesser sentence or let her go free. Written by Philip Drost. Produced by Anis Haidari. This Q&A has been edited for length and clarity.
