Sunday, August 7, 2022

Not That Easy to "Free Brittney"

I've held off on posting about Brittney Griner until now for a few reasons.  First off, I wanted to get more facts before making a decision about the case.  Second, the details of the situation are so complex that I wanted to make sure I actually understood everything.  Finally, this isn't as straightforward as some of Griner's supporters would like you to believe.  There are a lot of moving pieces at play here.

Now, to be clear, I absolutely think Griner is being wrongfully detained and a nine-year prison sentence is an absolute joke!  I also 100 percent believe that she's being held as a political prisoner.  If there wasn't existing tension between Russia and U.S. (over a lot more issues than just the war in Ukraine), Griner likely wouldn't be in this situation.  It, at the very least, wouldn't be nearly as serious.  But, there is and she is.

It's also important to note that she did commit a crime.  Is she an international drug kingpin?  No.  But she still violated the law by having drug paraphernalia in her possession.  The fact that she had a prescription for medical marijuana is irrelevant.  Because it doesn't apply in Russia!  Marijuana is illegal in Russia.  No exceptions.  So, simply trying to bring it into the country constitutes the legal definition of "smuggling."

Griner, of course, pled guilty to the crime.  This was part of her legal strategy, yes, but it was also clear very early in the trial that she was going to be convicted.  And just think about how much harsher her sentence would've been had she not admitted her guilt!

Of course, none of that matters to the vocal Griner supporters, who want her released from custody yesterday.  That, unfortunately, isn't the way it works, though.  Obviously, it's a high-profile case involving a high-profile person (which, again, is entirely the point from Russia's perspective), which is what's kept it in the news.  But do the Russians care--at all--about how upset Americans are about this?  The answer is an emphatic "No!"

That's a detail people conveniently seem to forget in cases like this.  Griner was accused of breaking Russian law and tried in a Russian court.  Thus, she's subject to the Russian legal system, which isn't the same as the American legal system.  Whether and how the case would've been handled differently in the U.S. is irrelevant.  Because she wasn't tried in the U.S.  She was tried in Russia.

Which is why I think that doctor's note she provided as part of her defense was, frankly, a little ridiculous.  In the U.S., that would probably be enough to have the charges thrown out.  In Russia, however, they don't care what your reason for taking it is.  It's illegal in all cases.  And, if you're in a different country, you've got to follow that country's laws.  If you don't, you have to suffer the consequences.

This reminds me of what happened with Sha'Carri Richardson at last year's Olympic Trials.  Richardson accepted her suspension, then claimed it was "unfair" because marijuana is legal in Oregon, as if Oregon state law should supersede the international doping code.  That, of course, is ridiculous.  Just like how applying American legal theory to the Griner case is ridiculous.

During the trial, Griner claimed that she packed in a hurry and inadvertently put it in her luggage.  I'm not entirely sure I believe that, but, even if she didn't have intent, the fact of the matter remains she had it on her person.  Now, did simply having that stuff warrant the treatment she received and the circus this has become?  Of course not!  But, had she not had it in her bag, they wouldn't have had a reason to detain her.  Has anyone considered that little detail?

Instead, Griner's arrest and detention has been made about every possible cause by Americans.  It's because she's Black.  Or a woman.  Or a lesbian.  Or all three.  The truth, however, is that it's none of those.  (Again, Russians don't care about any of that!)  The only argument that's actually correct is that this is political.  Because it is.

There's no doubt in my mind that Griner is being held because of who she is.  A well-known American basketball player.  The Russians knew what they were doing, and they knew this case would garner a massive amount of international attention.  And they knew that they could use it to their advantage.  Especially since they hold all the cards.

Russia's motivation appears to be a prisoner exchange, where a Russian arms dealer being held in the U.S. and Griner would both be released.  Both President Biden and the State Department have prioritized bringing Griner home, and they're receptive to the idea of the prisoner exchange.  But it's a very tense political situation, so they have to tread lightly.  Which is why she hasn't come home yet.

Unfortunately, none of that will satisfy Griner's advocates, who won't rest until she's back in the U.S.  To which I have to say, "Good for them!"  What's happening to her isn't right, and it's important to keep the issue in the news and at the forefront of people's minds.  But, these things take time, and it hasn't even been six months.  It seems much longer, to be sure, but, still, six months is not a lot of time when dealing with these tense international situations.

Brittney Griner will eventually come home.  I have no doubt about that.  Everything needed to play out first, though.  And, now that the trial is over and her (ridiculously long) sentence has been issued, the process of bringing her home can start.

No comments:

Post a Comment