An American expert on Russian law says WNBA star Brittney Griner could be sent to a labor camp if she's convicted of drug smuggling charges. Griner was detained after arriving at a Moscow airport, reportedly in mid-February, after Russian authorities said a search of her luggage revealed vape cartridges allegedly containing oil derived from cannabis. Russian law expert Peter Maggs, professor at the University of Illinois Law School, says the charges Griner faces are serious in Russia, where marijuana remains illegal, and could carry a penalty of five years in prison. Maggs says Russia often sends people convicted of lengthy drug sentences to forced labor camps instead of traditional prison.
WASHINGTON (AP) — For another person in another country at another time, the case might have been a minor matter: An American citizen detained at an airport for allegedly possessing a cannabis derivative legal in much of the world.
But the circumstances for Brittney Griner couldn't have been worse.
Griner, a WNBA All-Star and two-time Olympic gold medalist, was arrested in Russia, where the offense can mean years in prison, and at a moment when tensions with the U.S. were rising to their highest point in decades. She is a prominent gay, Black woman facing trial in a country where authorities have been hostile to the LGBTQ community and the country's nationalist zeal has raised concerns about how she will be treated.
"There are many countries around the world where you do not want to get in trouble, and Russia is one of them," said Clarence Lusane, a Howard University political science professor who specializes in criminal justice and drug policy.
As extraordinary as her circumstances are, the details surrounding Griner's case remain a mystery as a crucial court date approaches next month. Russian prosecutors have offered little clarity, and the U.S. government has made only measured statements. Griner's legal team has declined to speak out about the case as it works behind the scenes.
Phoenix Mercury center Brittney Griner sits during the WNBA Finals against the Chicago Sky on Oct. 13, 2021, in Phoenix.
Griner is easily the most prominent American citizen known to be jailed by a foreign government, but in many ways her case isn't unusual. Americans are frequently arrested overseas on drug and other charges, and U.S. authorities are limited about what they can say or the help they can offer. The State Department generally can't do much to help beyond consular visits and helping the American get an attorney. It also can't say much unless the person arrested waives privacy rights, which Griner hasn't fully done.
In some cases, U.S. officials do speak out loudly when they're convinced an American has been wrongly detained. But Griner's case is barely two months old, and officials have yet to make that determination. A State Department office that works to free American hostages and unjust detainees is not known to be involved.
The Phoenix Mercury star was detained at a Moscow airport in mid-February after Russian authorities said a search of her luggage revealed vape cartridges that allegedly contained oil derived from cannabis — accusations that could carry up to 10 years in prison, though some experts predict she'd get much less if convicted. She was returning to the country after the Russian League, in which she also plays, was taking a break for the FIBA World Cup qualifying tournament.
U.S. officials have said they are tracking the case but have not spoken extensively about it, in part because Griner has not signed a full Privacy Act Waiver. The statements so far have been careful and restrained, focused on ensuring she has access to U.S. consular affairs officials — she had a meeting last month — rather than explicitly demanding her immediate release.
There's little the U.S. government can do diplomatically to end a criminal prosecution in another country, particularly in the early days of a case. Any deal that would require concessions by the U.S. would seem a nonstarter, especially with Russia at war with Ukraine and the U.S. coordinating actions involving Russia with Western allies.
"It's a trial lawyer's nightmare since you have to conduct a trial when the larger political environment is negative," said William Butler, a Russian law expert and professor at Penn State Dickinson Law.
The State Department has been "doing everything we can to support Brittney Griner to support her family, and to work with them to do everything we can, to see that she is treated appropriately" and that her rights are respected, spokesman Ned Price said last month. Last week, he said the U.S. was in frequent contact with her legal team and "broader network."
That's a more restrained posture than the Biden administration has taken with two other Americans jailed in Russia — Paul Whelan, a corporate security executive from Michigan sentenced to 16 years in prison on espionage-related charges his family says are bogus, and Trevor Reed, a Marine veteran sentenced to nine years on charges that he assaulted a police officer in Moscow as he was being driven to a police station after a night of heavy drinking.
The State Department has pressed Russia for their release, with Secretary of State Antony Blinken raising their cases in a meeting last December with Russian Foreign Minister Sergey Lavrov. In contrast to Griner's case, it has publicly described both men as unjustly detained.
Race and gender issues are also front and center in the Griner case.
Lusane, the Howard University professor, said under Putin "there's been a hyper nationalism in Russia, so basically anyone who's not considered Slavic is considered an outsider and a potential threat."
He added, "She fits into that category."
On the other hand, he said, there could also be an opening for Putin to build "an inroad into the African American community" by ordering her released as a humanitarian gesture.
Some Griner supporters, including Democratic Rep. Cori Bush of Missouri, have maintained that her case would be getting more attention if she weren't a Black woman.
The president of the WNBA players' association, Nneka Ogwumike, said in a "Good Morning America" interview that Griner was in Russia because WNBA players don't earn enough in the U.S.
"She's over there because of a gender issue, pay inequity," Ogwumike said.
Many of Griner's fellow WNBA players have remained circumspect for fear of antagonizing the situation, though her coach and some of her teammates have made clear in interviews that the 6-foot-9 center is on their minds.
"I spent 10 years there, so I know the way things work," Phoenix guard Diana Taurasi said of Russia. "It's delicate."
Griner recently had her detention extended to May 19. More information about her case may emerge then. But regardless of the factual allegations against her in court, it's impossible to divorce the legal case from the broader political implications.
"Russians are great chess players," said Peter Maggs, a research professor and expert in Russian law at the University of Illinois College of Law. "The more pawns you have, the greater your chance of eventual victory. And since things are not going their way, obviously, in Ukraine, any pawns they have they want to hold onto."
Photos: WNBA star Brittney Griner through the years
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The United States' Brittney Griner plays during a women's basketball preliminary round game against Japan at the 2020 Summer Olympics, July 30, 2021, in Saitama, Japan. (AP Photo/Eric Gay)
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United States' Brittney Griner, left, and teammate Skylar Diggins pose with their gold medals during the medal ceremony for women's basketball at the 2020 Summer Olympics, Sunday, Aug. 8, 2021, in Saitama, Japan. (AP Photo/Charlie Neibergall)
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Phoenix Mercury center Brittney Griner, left, reacts after making a basket against the Las Vegas Aces during the second half of Game 1 in the semifinals of the WNBA playoffs Tuesday, Sept. 28, 2021, in Las Vegas. Las Vegas Aces center Liz Cambage (8) is at right. (AP Photo/Steve Marcus)
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Phoenix Mercury's Brittney Griner (42) elbows Chicago Sky's Stevanie Dolson (31) during the second half in Game 4 of the WNBA Finals Sunday, Oct. 17, 2021, in Chicago. Chicago won 80-74 to become the WNBA Champions. (AP Photo/Paul Beaty)
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United States' Brittney Griner runs up court during the women's basketball gold medal game against Japan at the 2020 Summer Olympics on Aug. 8, 2021, in Saitama, Japan. (AP Photo/Charlie Neibergall)
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United States' Brittney Griner flexes her muscle after making a basket during a women's basketball quarterfinal round game against Australia at the 2020 Summer Olympics, Aug. 4, 2021, in Saitama, Japan. (AP Photo/Charlie Neibergall)
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Phoenix Mercury center Brittney Griner pauses on the court during the second half of a WNBA basketball game against the Seattle Storm, Sept. 3, 2019, in Phoenix. (AP Photo/Ross D. Franklin)
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In this March 4, 2013, file photo, Baylor center Brittney Griner celebrates after she scored 50 points during the second half of an NCAA college basketball game against Kansas State in Waco, Texas. Griner was selected as The Associated Press' women's college basketball player of the year on April 6, 2013. (AP Photo/LM Otero)
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Baylor's Brittney Griner holds up a Phoenix Mercury shirt as she poses next to The Associated Press College Basketball Player of the Year trophy during a news conference at the Women's Final Four of the NCAA college basketball tournament, Saturday, April 6, 2013, in New Orleans. (AP Photo/Gerald Herbert)
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Baylor's Brittney Griner jokes around as she poses for photographers with the 2013 Big 12 Championship sign on March 11, 2013, in Dallas. (AP Photo/Tony Gutierrez)
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In this March, 2012, file photo, Baylor's Brittney Griner grabs a rebound in front of Tennessee's Glory Johnson during an NCAA college basketball tournament regional final in Des Moines, Iowa. (AP Photo/Charlie Neibergall)
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United States's Brittney Griner (15) drives to the basket past Japan's Maki Takada (8) during a women's gold medal basketball game at the 2020 Summer Olympics, Sunday, Aug. 8, 2021, in Saitama, Japan. (AP Photo/Eric Gay)
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United States's Brittney Griner poses with her gold medal during the medal ceremony for women's basketball at the 2020 Summer Olympics, Sunday, Aug. 8, 2021, in Saitama, Japan. (AP Photo/Charlie Neibergall)
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United States' Brittney Griner takes a selfie with teammates posing with their gold medals during the medal ceremony for women's basketball at the 2020 Summer Olympics, Sunday, Aug. 8, 2021, in Saitama, Japan. (AP Photo/Eric Gay)
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United States' Brittney Griner walks up court during the women's basketball gold medal game against Japan at the 2020 Summer Olympics, Sunday, Aug. 8, 2021, in Saitama, Japan. (AP Photo/Luca Bruno)
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Phoenix Mercury center Brittney Griner during the WNBA basketball playoffs against the New York Liberty, Thursday, Sept. 23, 2021, in Phoenix. Phoenix won 83-82. (AP Photo/Rick Scuteri)
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Phoenix Mercury's Brittney Griner motions after a teammate scored against the Seattle Storm in the second half of the second round of the WNBA basketball playoffs Sunday, Sept. 26, 2021, in Everett, Wash. (AP Photo/Elaine Thompson)
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Phoenix Mercury center Brittney Griner (42) reacts after a basket against the Las Vegas Aces during the second half of Game 2 in the semifinals of the WNBA playoffs Thursday, Sept. 30, 2021, in Las Vegas. (AP Photo/David Becker)
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Chicago Sky's Candace Parker, right, is defended by Phoenix Mercury's Brittney Griner during the second half of Game 3 of basketball's WNBA Finals, Friday, Oct. 15, 2021, in Chicago. Chicago won 86-50. (AP Photo/Paul Beaty)
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Phoenix Mercury center Brittney Griner (42) looks to pass as Chicago Sky center Candace Parker defends during the first half of game 1 of the WNBA basketball Finals on Oct. 10, 2021, in Phoenix. (AP Photo/Ralph Freso)
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Phoenix Mercury center Kia Vaughn (1) talks with teammates Shey Peddy (5), Skylar Diggins-Smith (4) and Brittney Griner during the first half of Game 1 of the WNBA basketball Finals against the Chicago Sky, Sunday, Oct. 10, 2021, in Phoenix. (AP Photo/Ralph Freso)
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Chicago Sky's Kahleah Copper (2) goes up to shoot the basketball against Phoenix Mercury's Brittney Griner (42) and Kia Vaughn (1) during the first half of Game 3 of the WNBA Finals, Friday, Oct. 15, 2021, in Chicago. (AP Photo/Paul Beaty)
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United States' Brittney Griner shoots during a preliminary round women's basketball game against Nigeria at the 2020 Summer Olympics, on July 27, 2021, in Saitama, Japan. (AP Photo/Eric Gay)
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Phoenix Mercury center Brittney Griner (42) shoots over Indiana Fever forward Teaira McCowan (15) in the first half of a WNBA basketball game in Indianapolis, Monday, Sept. 6, 2021. (AP Photo/Michael Conroy)
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Phoenix Mercury center Brittney Griner is shown during the first half of Game 2 of basketball's WNBA Finals against the Chicago Sky, Oct. 13, 2021, in Phoenix. (AP Photo/Rick Scuteri)
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Phoenix Mercury center Brittney Griner shoots next to Las Vegas Aces center Liz Cambage, obscured, during the first half of Game 5 of a WNBA basketball playoff series Friday, Oct. 8, 2021, in Las Vegas. (AP Photo/Chase Stevens)
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Phoenix Mercury's Brittney Griner, left, watches practice with teammate Diana Taurasi on Thursday, May 10, 2018, in Phoenix. (AP Photo/Matt York)
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Baylor's Brittney Griner pauses as she responds to a reporter's question as head coach Kim Mulkey, right, watches during a news conference following their second-round game against Florida State in the women's NCAA college basketball tournament Tuesday, March 26, 2013, in Waco, Texas. Baylor won 85-47. (AP Photo/Tony Gutierrez)




