On August 1, 2024, Wall Street Journal reporter Evan Gershkovich and two other Americans were freed from Russia in a prisoner exchange involving 24 prisoners and seven countries. Among those exchanged were 12 German nationals, eight Russians, and two non-prisoner children.

The unusual decision to move Gershkovich’s trial up in July, where he was sentenced to 16 years on unproven espionage charges, might indicate the timing of the deal was crucial.

Gershkovich’s case is more complex compared to Brittney Griner’s, who was detained for drug smuggling in March 2022 and sentenced to nine years in August 2022 before being released in a deal in December 2022.

Unlike Griner, the specific charges against Gershkovich under the Russian criminal code are unknown. However, both cases underline the procedural requirement for conviction before the exchange in Russian deals.

Guest: William E. Butler, Distinguished Professor of Law at Penn State University

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