Thursday, August 04, 2022

STALINIST SHOW TRIAL
Brittney Griner found guilty in Russian court, sentenced to nine years in prison


Jeff Eisenberg
Thu, August 4, 2022

Brittney Griner, center, is escorted in a court room prior to a hearing in Khimki just outside Moscow, Russia, on Thursday. (AP Photo/Alexander Zemlianichenko)

Inside her metal courtroom cage, a solemn, stone-faced Brittney Griner learned how long she’ll be locked away in Russian prison if the Biden administration can’t broker a deal to secure her release.

A Russian judge handed down a harsh nine-year sentence on Thursday, rejecting the WNBA star’s emotional apology and plea for leniency for the “honest mistake” of bringing less than a gram of cannabis oil into the country last February.

Griner was found guilty of drug possession and drug smuggling with criminal intent. The judge fined her 1 million rubles, roughly $16,300 U.S. dollars, in addition to sentencing Griner to just shy of the maximum 10 years that she was eligible to receive.

As the judge announced Griner’s verdict in Russian, a translator relayed what was said to the WNBA star. Griner displayed little emotion besides an occasional shake of her head or purse of her lips, but her supporters weren’t nearly so silent.

Standing outside the courthouse, Elizabeth Rood, Deputy Chief of Mission at the U.S. Embassy in Moscow, called the ruling a "miscarriage of justice."

President Biden echoed that soon afterward, describing Griner's nine-year sentence as "unacceptable" and pledging to "work tirelessly and pursue every possible avenue" to bring her home.

"I call on Russia to release her immediately so she can be with her wife, loved ones, friends, and teammates," Biden added.

In a joint statement to reporters, Griner’s attorneys, Maria Blagovolina and Alexander Boykov, called her nine-year sentence “absolutely unreasonable” and said they “will certainly file an appeal.”

"As legal professionals, we believe that the court should be fair to everyone regardless of nationality,” the attorneys’ statement read. “The court completely ignored all the evidence of the defense, and most importantly, the guilty plea. This contradicts the existing legal practice.”

The judge’s ruling comes nearly six months after she flew into a Moscow airport and Russian customs officials allegedly found .702 grams of cannabis oil in her luggage. That’s less than the weight of a pen cap or a stick of gum, yet prosecutors alleged it was enough to meet the “significant amount” threshold under Russian law and asked the judge to sentence Griner to nine and a half years in prison.

In her final statement to the judge at the end of closing arguments on Thursday, an emotional Griner apologized to her family, her teammates and her Russian club for "the embarrassment I brought on them."

"I never meant to hurt anybody," she said. "I never meant to put in jeopardy the Russian population. I never meant to break any laws here. I made an honest mistake and I hope that, in your ruling, that it doesn’t end my life here.

"I know that everybody keeps talking about political pawns and politics, but I hope that is far from this courtroom. I want to say again that I had no intent of breaking Russian laws. I had no intent. I did not conspire or plan to commit this crime."

That Griner’s words fell on deaf ears was no surprise. Experts have said for weeks that the real purpose of Griner’s trial was to paint a veneer of legitimacy on the Kremlin’s desire to hold her until it could extract concessions out of the U.S for her return. A guilty verdict and a long sentence were the outcome that gave Russia the most leverage with the Biden administration facing mounting pressure to bring Griner home.

“Look, the Russians are good at this stuff unfortunately,” said former State Department foreign services officer David Salvo, the deputy director of the Alliance for Securing Democracy and an expert on Russian foreign policy. “It's just a really unfortunate scenario for Brittney. You have a heavily politicized case with lots of attention all over American society and lots of pressure on the Biden Administration. The Russians are going to try to get every bit they can out of this.”

At the same time as Griner’s trial has unfolded inside a cramped courtroom outside Moscow, the question of her fate has also been discussed at the highest levels of U.S-Russian diplomacy. Last Friday, Secretary of State Antony Blinken spoke with Russian counterpart Sergey Lavrov to urge him to accept the U.S.’s “substantial proposal” to secure the release of Griner and Paul Whelan, another American whom the government considers wrongfully detained.

Blinken has declined to share details of the offer, but he has not denied reports that President Biden has signed off on trading a notorious Russian arms trafficker with high-level government and military intelligence connections. Viktor Bout is serving a 25-year sentence in an Illinois federal prison for conspiring to kill Americans and sell weapons to Colombian terrorists.

Griner’s sentence and guilty verdict essentially ends one chapter of her detainment and begins another. Russia has hinted that it will more seriously engage in negotiations once Griner’s trial is over — and the ultimate length of her stint in Russian prison will be determined by how long it takes Russia and the U.S. to negotiate a deal to bring her home.

William Pomeranz, an expert on Russian law and politics, predicted that the Kremlin won’t be in any hurry to accept the Biden administration’s 2-for-1 offer for Bout. Whereas Biden is under increasing domestic pressure to free Griner, Vladimir Putin doesn’t face the same level of urgency to bring Bout home.

“The U.S. pretty much laid its cards on the table, and now it’s the Russians who are in the driver’s seat,” said Pomeranz, the acting director of the Kennan Institute. “They can now dictate whether this prisoner swap happens and how fast this moves.”

As Griner waited on the diplomatic negotiations, there was little she could do to help her own cause. She couldn't fight against the inevitability of a guilty verdict. All she and her legal team could do was try in vain to make a case for a lenient sentence.

On July 7, Griner confessed to inadvertently violating Russian law, telling the judge she packed in a hurry and mistakenly brought the vape cartridges with her. Griner’s attorneys subsequently summoned character witnesses and introduced mitigating evidence to corroborate the WNBA star’s account.

The team captain and team director from Griner’s Russian basketball club testified on her behalf and described her as an exemplary citizen on and off the court. Griner’s lawyers also presented the court with an American doctor’s letter saying that Griner had been prescribed medical marijuana to help her cope with chronic pain from past basketball injuries.

In the end, none of it mattered.

As attorney and Russian legal expert Jamison Firestone said earlier this week, "“They are going to give her a lot of time. Then they are going to trade her.

Brittney Griner delivers final plea for leniency before verdict: 'I hope that in your ruling that it doesn’t end my life here'

Jeff Eisenberg
Thu, August 4, 2022 

Russian prosecutors asked a judge during closing arguments on Thursday to sentence Brittney Griner to 9 ½ years in prison, just shy of the maximum 10 years that she is eligible to receive.

Both a verdict and potential sentence in the WNBA star’s drug-smuggling trial are expected Thursday, her attorney told reporters.

Closing arguments ended with Griner herself having the final word. Standing in the defendant's cage at the back of the tiny courtroom, Griner took responsibility for her "mistake" and apologized to her family, her teammates and her Russian club for "the embarrassment I brought on them."

"I never meant to hurt anybody," Griner said. "I never meant to put in jeopardy the Russian population. I never meant to break any laws here. I made an honest mistake and I hope that in your ruling that it doesn’t end my life here.

"I know everybody keeps talking about political pawn and politics, but I hope that that is far from this courtroom," Griner continued. "I want to say again that I had no intent of breaking Russian laws. I had no intent. I did not conspire or plan to commit this crime."

For Griner, a guilty verdict has been a near certainty since even before the WNBA star confessed to packing in too great a hurry and accidentally taking vape cartridges containing cannabis oil in her luggage. Not only do Russian courts rarely acquit defendants under any circumstances, the Kremlin also has incentive to preserve its leverage in prisoner swap negotiations with the U.S.

Griner allegedly flew into Moscow on Feb. 17 carrying .702 grams of cannabis oil. That’s less than the weight of a pen cap or a stick of gum, yet prosecutors allege it’s enough to meet the “significant amount” threshold under article 229 of Russia’s criminal code, which is punishable with a prison term of 5 to 10 years.

For months, Griner and her supporters have pleaded with the Biden administration to broker a deal with the Kremlin to secure her release.

Thursday, Griner is expected to learn how long she could remain in Russian prison if those negotiations fizzle.

Yuval Weber, an expert in Russian military and political strategy, told Yahoo Sports that he expects Griner to receive the maximum possible sentence or close to it. The way Weber sees it, Russian government officials will dictate the length of Griner’s punishment based on what will allow them to extract the most out of the U.S. in negotiations for a prisoner swap or some other concession.

“The longer her sentence, the more basic leverage Russia has,” said Weber, ​​a distinguished fellow at Marine Corps University's Brute Krulak Center for Innovation and Future Warfare.

William Partlett, an associate professor at Melbourne Law School and an authority on Russian politics, told Yahoo Sports that the court doesn’t need to send Griner to prison for 10 years for the Kremlin to negotiate a favorable trade. A five-year sentence, according to Partlett, would allow Russia to portray itself as “lenient” and “forgiving” to the rest of the world while still maintaining the upper hand in negotiations with the U.S.

“The political calculus, which the Kremlin knows, is that Biden cannot let her sit in a Russian prison for that long,” Partlett said.

The one thing most experts do agree on is that the judge presiding over Griner’s case won’t be making an independent decision on her sentence. High-ranking Kremlin officials, they argue, will have the final say.

Describing Griner’s trial “entirely theater,” Dartmouth University foreign policy fellow Danielle Gilbert told Yahoo Sports “we shouldn’t trust it like we might trust a trial in the United States or other places around the world.” Gilbert said the “real purpose” of the trial is to lend a veneer of legitimacy to Russia’s efforts to hold Griner for as long as necessary while making demands for her release.

Brittney Griner, center, speaks to her lawyers in a courtroom 
prior to a hearing in Khimki just outside Moscow, Russia, Thursday, Aug. 4, 2022. 
(Evgenia Novozhenina/Pool Photo via AP)

“I’m 100 percent convinced that this is all about foreign policy leverage,” Gilbert said.

At the same time as Griner’s trial has unfolded inside a cramped courtroom outside Moscow, the question of her fate has also been discussed at the highest levels of U.S-Russian diplomacy. Last Friday, Secretary of State Antony Blinken spoke with Russian counterpart Sergey Lavrov to urge him to accept the U.S.’s “substantial proposal” to secure the release of Griner and Paul Whelan, another American whom the government considers wrongfully detained.

Blinken has declined to share details of the offer, but he has not denied reports that President Biden has signed off on trading a notorious Russian arms trafficker with high-level government and military intelligence connections. Viktor Bout is serving a 25-year sentence in an Illinois federal prison for conspiring to kill Americans and sell weapons to Colombian terrorists.

While Russian officials have not shot down the possibility that a deal can eventually be reached, they have insisted they won’t entertain any offer until the conclusion of Griner’s trial.

William Pomeranz, an expert on Russian law and politics, predicted that the Kremlin won’t be in any hurry to accept the Biden administration’s 2-for-1 offer for Bout. Whereas Biden is under increasing domestic pressure to free Griner, Vladimir Putin doesn’t face the same level of urgency to bring Bout home.

“The U.S. pretty much laid its cards on the table, and now it’s the Russians who are in the driver’s seat,” said Pomeranz, the acting director of the Kennan Institute. “They can now dictate whether this prisoner swap happens and how fast this moves.”

On July 7, Griner confessed to inadvertently violating Russian law, telling the judge she packed in a hurry and mistakenly brought the vape cartridges with her. Griner’s attorneys subsequently summoned character witnesses and introduced mitigating evidence to corroborate the WNBA star’s account.

The team captain and team director from Griner’s Russian basketball club testified on her behalf and described her as an exemplary citizen on and off the court. Griner’s lawyers also presented the court with an American doctor’s letter saying that Griner had been prescribed medical marijuana to help her cope with chronic pain from past basketball injuries.

​​Tom Firestone, ​​the former resident legal adviser at the U.S. Embassy in Moscow, told Yahoo Sports that Griner’s legal team did "the right things under the circumstances” but admitted that it’s “hard to say” whether it will actually help reduce the WNBA star’s sentence. After all, recent marijuana cases involving Americans in Russia have yielded a wide variety of outcomes.

In 2019, New York college student Audrey Lorber spent less than two months in prison after she allegedly entered Russia carrying 19 grams of marijuana. A Russian court found Lorber guilty of attempting to import marijuana, but she was released with time served and exempted from paying a fine.

Last month, a Pennsylvania school teacher received a far harsher punishment. Marc Fogel was sentenced to 14 years in Russian prison after being caught with medical marijuana that he says he used to treat a back injury.

“The Marc Fogel case is the most similar to Brittney Griner’s,” Firestone said. “He had a doctor’s prescription, he expressed remorse and he still received a 14-year sentence. That doesn’t augur well for Brittney.”

Gilbert, the Dartmouth foreign policy fellow, once assumed a Russian court would stick Griner with a similarly exorbitant sentence. Then Gilbert began to reconsider after a couple of puzzling moments during Griner’s trial that didn’t fit the max-punishment narrative.

First, prosecutors revealed that Griner had less than a gram of hash oil in her luggage at the time of her arrest. Then, Griner’s defense team was allowed to call Russian witnesses to speak on her behalf.

“That, in some ways, is inconsistent with a show trial where they’re going to smack her with the maximum possible sentence,” Gilbert said. “It allowed me to imagine a scenario where they might go another route.”

To Gilbert, what that means isn’t that Griner has received a fair trial. It’s that Russia could be playing “3D chess.”

“It might also be part of a strategy to make it look like this trial is legitimate,” Gilbert said. “If they want to give her a lighter sentence, it would still be disproportionate to what she did and it might be their way of trying to pretend to the rest of the world that this isn’t a hostage taking. They want the rest of the world to believe their legal system is fair. A lighter sentence might be part of reputational management.”

Brittney Griner is speaking out ahead of her sentencing.

As part of the ongoing trial related to her drug smuggling case, the WNBA star addressed the court directly after closing arguments on Aug. 4. During her speech, the 31-year-old shared the reason why she says she pleaded guilty to drug charges following her arrest in Moscow in February.

Earlier this year, the Phoenix Mercury star—who plays for a Russian team during the off-season—was arrested at Moscow's Sheremetyevo International Airport for allegedly possessing vape cartridges containing cannabis oil.

"My parents taught me two important things," Griner shared. "Take ownership for your responsibilities and work hard for everything that you have. That's why I plead guilty to my charges. I understand the charges against me. I had no intent to break any Russian laws. I want the courts to understand it was an honest mistake."

Griner than explained that she was in a "rush" to get back to Russia and her basketball team after having COVID-19 while on a break in the U.S.

"I want to apologize to the fans and my teammates for the embarrassment," she said through tears. "I want to apologize to my parents and siblings, the Phoenix Mercury and WNBA organization. I never meant to hurt anybody. I never meant to break any Russian laws. I made an honest mistake and I hope that in your ruling that it doesn't end my life here."

Brittney Griner
Christian Petersen/Getty Images

Concluding her emotional speech, Griner added that she "did not conspire to commit this crime," and hopes the court takes into the account the character references sent in on her behalf. "Again I want to apologize to my teammates for any damage that I have done to them," the athlete shared. "This is my second home and all I wanted to do was win championships and make them proud."

Following her arrest in February, Griner was charged with smuggling of narcotic drugs, psychotropic substances, their precursors, or analogues, and with illegal acquisition, storage, transportation, manufacture, processing of narcotic drugs, psychotropic substances, or their analogues.

She pled guilty to all charges during the second hearing of her trial on July 7.

According to NBC News, Russian prosecutors have asked to sentence Griner to 9 and a half years in prison. Her sentencing is expected to be announced during her Aug. 4 hearing.


Brittney Griner 'won over' Russian prison guards and inmates, and they reassured the WNBA star as she finished her trial

Rebecca Cohen

Thu, August 4, 2022 at

Brittney Griner stands in the defendant's cage during her Russian trial.
REUTERS/Evgenia Novozhenina/Pool

Prison guards and inmates told Brittney Griner "everything will be OK!" before her sentencing.

Griner's lawyer said the Russians were "won over" by the American WNBA superstar.

Griner was sentenced to nine years in Russian prison after hashish oil was found in her bags at a Moscow airport.

Prison guards and fellow Russian inmates offered Brittney Griner support and encouragement ahead of her final Russian court appearance, her lawyer said.

As the American WNBA superstar walked, handcuffed, to her sentencing hearing on Thursday, those closest to her at the facility where she's been detained reassured her: "Everything will be OK!"

Griner's attorney in Russia, Alexander Boykov, told the court that the WNBA star had "won over" a number of guards and inmates in the Russian prison where she is being held, Jezebel's Emily Liebert reported.


Griner is escorted to a court appearance.
AP Photo/Alexander Zemlianichenko

The two-time Olympic gold medalist was ultimately sentenced on Thursday to nine years in Russian prison after being found guilty of large-scale transportation of drugs with criminal intent. She has been held in custody near Moscow since her February arrest, when officials at a Moscow airport found vape cartridges containing hashish oil in her luggage.

She pleaded guilty to the charges early on in her trial — which began four months after she was arrested — with hopes that the move would help reduce her sentence. Instead, Griner received a sentence that was just six months less than prosecutor's requested and one year below the maximum sentence for her charge.

President Joe Biden announced in May that the US government was classifying Griner as "wrongfully detained" and later declared a national emergency to help free wrongful detainees. Just last week, the Biden administration announced that it had offered to swap a convicted Russian arms dealer, Viktor Bout, in exchange for the early release of both Griner and Paul Whelan — a former US Marine also detained in Russia.


American detainee Paul Whelan holds a sign ahead of a hearing in Moscow.
REUTERS/Maxim Shemetov

But some sources suggested that the eight-time WNBA All-Star would need to be sentenced before a swap could come to fruition.

Russia has yet to formally respond to the administration's offer, but suggested that they would be interested in the swap if the US helps to free an additional convict — a Russian national who was tried, sentenced, and imprisoned for murder in Germany.

John Kirby, the Biden administration's National Security Council Coordinator for Strategic Communications, slammed Russia's counter as "a bad faith attempt to avoid a very serious offer and proposal that the United States has put forward."

Griner.AP Photo/Alexander Zemlianichenko, Pool

Moscow officials fired back that "loudspeaker diplomacy" wouldn't succeed in bringing the detained Americans home, signaling that the US and Russia were still quite far from agreeing to a deal.

Still, there has been mounting public pressure on the Biden administration to get her home, and the prospect of Griner heading to a penal colony only increases the urgency of the situation. Biden, for his part, called on Russia to release Griner immediately after she was sentenced.

Conservatives Join Trump in Siding With Russia After Brittney Griner Guilty Verdict

Althea Legaspi
ROLLING STONE
Thu, August 4, 2022 


Brittney Griner was found guilty of smuggling illegal narcotics into Russia and sentenced to nine years in prison on Thursday. Griner had told the court she used marijuana for medicinal purposes, as is legal in the United States and other countries. She was caught with less than a gram of cannabis oil.

Former President Trump bashed Griner recently, calling her “a potentially spoiled person” who went to Russia “loaded up with drugs,” and right-wingers are now celebrating the verdict on social media in step with the Russian state, which found no sympathy for WNBA star and two-time U.S. Olympic gold champ.

Right-wing author Dinesh D’Souza used the conviction to defend Jan. 6 insurrectionists who tried to overthrow the U.S. government. “It seems like the Russians are doing to Griner what the Biden administration is doing to non-violent January 6 protesters,” D’Souza wrote. “Hard for us to feign indignation when the same thing is going on here!”


Conservative pundit Tomi Lahren showed her trademark lack of empathy, taking aim at Griner’s activism for racial justice and implying she hates America. “Brittney Griner is a cautionary tale. Hate America? Think it’s oppressive? Go to another country, play stupid games and find out what oppression and ‘No justice’ looks like. Too bad too sad.”


Commentator Tim Young whose Twitter handle is apropos for his comment, wrote “Brittney Griner is not a political prisoner… she carried drugs that were illegal with her in Russia and was arrested – there’s nothing ‘political’ about that.”


Trump-approved conservative commentator/author Nick Adams blamed Griner’s support of President Biden for the sentence and falsely claimed there would not have been an invasion of Ukraine had his Dear Leader been president. “While discussing Brittney Griner’s prison sentence, I think it’s important to note that Russia would have NEVER invaded Ukraine with Trump still in the White House,” Adams wrote. “In a way, Brittney Griner’s jail time is a result of her own activism and support of Joe Biden.”


As Media Matters pointed out in the lead-up to the sentencing, conservatives have been using Griner as a pawn alongside Russia, with each side furthering their agenda. The right wing wanted Trump as president over Biden and claim Trump would’ve saved Griner from jail. Meanwhile Russia likely wanted to exchange Griner for convicted Russian arms dealer Viktor Bout, who is currently imprisoned in America.

However, when the State Department made the offer to include U.S. Marine Corps veteran and former security executive Paul Whelan, Russia countered that offer with what the White House called a “bad faith” counter offer. President Biden addressed Griner’s detention following the guilty verdict on Thursday. “Russia is wrongfully detaining Brittney,” he wrote in a statement. “It’s unacceptable, and I call on Russia to release her immediately so she can be with her wife, loved ones, friends, and teammates. My administration will continue to work tirelessly and pursue every possible avenue to bring Brittney and Paul Whelan home safely as soon as possible.”





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