Written by Humeyra Pamuk and Patricia Zengerli

WASHINGTON (Reuters) – The release of American basketball star Brittney Grenier on Thursday in exchange for a convicted Russian arms dealer re-posed an age-old question: Does a prisoner exchange do more harm than good?

Amid the celebrations following Greener’s return, some critics, including members of Congress and federal law enforcement, have argued that such trade only encourages foreign countries to target Americans to gain leverage over the United States.

Families of those detained abroad reject this argument, saying there is no solid evidence to support this and that the US government should focus on deterring and punishing governments that unjustly detain or imprison US citizens.

The plight of American detainees abroad came to prominence after Greener’s arrest in February, and as the families ramped up their publicity efforts, concluding that years of quiet diplomacy had done little to bring back their loved ones.

Details of Griner’s release highlight the agonizing tradeoffs facing the Biden administration. After months of negotiations — which US officials hoped would bring home both Grenier and Paul Whelan, a former US Marine who accuses Moscow of spying — Russia was only willing to release Graner.

That trade meant the release of Viktor Bout, a Russian citizen. One of the world’s largest illegal arms dealers who was caught after a global manhunt was contacted by US authorities.

“The Russians and other regimes that take American citizens hostage cannot pretend that there is parity between the Brittney Greeners of the world and people like Victor Bout, the so-called ‘dealer of death,’” said Senator Bob Menendez, the Democratic chair of the Democratic Party. Senate Foreign Relations Committee.

“We must stop inviting dictatorships and rogue regimes to use Americans abroad as bargaining chips.”

Arrests at altitude

The arrest of Americans abroad is nothing new. From the Soviet Union’s capture of U-2 pilot Francis Gary Powers in the 1960s to the Iran hostage crisis in the 1970s and the more recent imprisonment of American citizens in North Korea, Iran and China, administrations have grappled with the question of if and when to negotiate.

The problem has become acute, as some governments appear to be using arbitrary detention as a negotiating tactic. In one such case in 2016, North Korea detained American university student Otto Warmbier during a dispute with the international community over missile launches in that country. Warmbier died a few days after his return.

At the same time, friends and families of American detainees are putting public pressure on the administration. Brittney Grainer’s arrest in February in Moscow for possession of electronic cigarette cartridges containing cannabis oil sparked an outpouring of support from fans, celebrities and politicians calling for her release and criticizing the Biden administration for not doing more.

Many families argue that the United States should be willing to negotiate and ignore the argument that prisoner exchanges lead more countries to take over Americans.

“I’m not aware of any concrete evidence that this will encourage more hostage-taking. And I think the important thing to stress is executive power,” said Harrison Lee, the son of Chinese American Cai Lee, who has been held by China since 2016. The thing that President Biden brought up, and it’s very clear in stipulating pre-emptive punitive measures that can be imposed on these countries.”

In July, Biden signed an executive order authorizing US government agencies to impose financial penalties and other measures on those involved in the wrongful detention of Americans.

Families say they have not seen strong enforcement of the order.

The United States does not provide an official figure for the number of American citizens detained abroad, but the James W. Foley Legacy Foundation, named after an American journalist who was kidnapped and killed in Syria, says more than 60 American citizens are unjustly detained in some 18 countries.

slippery slope

Beyond the question of whether prisoner swaps motivate incarcerations, the administration also faces criticism from law enforcement, with some questioning the wisdom of trading high-profile convicts like Bute.

“I don’t think you’re negotiating with terrorists, it’s a slippery slope, and it doesn’t end well,” said Robert Zachariasevich, a former US Drug Enforcement Administration agent who helped lead the team that captured Bout.

“I’ve spoken to so many people throughout the Department of Justice at all levels. They are frustrated, disillusioned, and disenfranchised.”

Management acknowledges the difficulties.

“Negotiations for the release of illegal detainees are often very difficult — and that’s just the fact — partly because of the price that must be paid to bring Americans home to their loved ones and partly because the immediate results can seem unfair or arbitrary,” said White House spokeswoman Karen Gunn. Pierre after the news of Graner’s release.

Those difficult choices meant that Washington could either leave Whelan in Russian custody or return empty-handed after months of negotiations. Whelan’s family described the situation as a “disaster”.

“Where are all these people with their other solutions on how to bring the Americans back?” asked Elizabeth Whelan, Paul Whelan’s sister. “What’s the alternative? Yes, it’s terrible to send someone like Viktor Bout back, sure, but that means we’re bringing Americans home.”