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Paul Whelan feels gratitude for what led to his return to the United States after spending over five years in a Russian prison, with his attorney telling Newsweek that he needs time to put his life back together.
It has been more than three weeks since Paul Whelan, 54, and other Americans including Wall Street Journal reporter Evan Gershkovich were released from Russian control as part of the largest multinational prisoner swap of its kind since the end of the Cold War.
Russia was handed eight spies and agents in the deal negotiated behind the scenes. In return, Russian President Vladimir Putin freed 16 prisoners including Whelan, a former U.S. Marine and computer security official who was jailed in Russia in 2018 and later convicted on espionage charges.
“Paul’s doing pretty well despite the circumstances,” Ryan Fayhee, attorney for the Whelan family, told Newsweek on August 26. “He’s got a long road ahead to kind of rebuild his life here, but he’s doing as well as can be expected. That really has to do with the generosity of his community and everyday Americans who sort of gave him a big welcome home.”
Whelan spent 2,043 days in captivity. He and other prisoners were swapped on August 1 in Ankara, Turkey. They were later greeted upon arrival at Joint Base Andrews in Maryland by President Joe Biden and Vice President Kamala Harris before being flown to San Antonio, Texas, to receive medical care.
Since then, Whelan—who lost his home while abroad and jailed—has spent time taking care of his elderly parents in Michigan. His other siblings, including twin brother, David, another brother, Andrew, and sister, Elizabeth, all live outside of Michigan.
“I think he’s in good spirits, he’s very happy to be home,” Fayhee said. “He’s clearly a very resilient person, but obviously he has a challenge ahead. He missed five years of the ability to earn and generate resources during a critical part of his life. He turned 50 years old in Russia. He’s doing as well as can be expected but it did have an impact on his life and he seems to be taking it in stride.”
Fayhee, a partner at Washington D.C.-based law firm Akin Gump, has a background of working at the Department of Justice (DOJ)—notably the National Security Division that’s responsible for espionage and foreign agent sanctions.
He’s had “frequent contact” with Whelan, more so now than when he was imprisoned due to concerns over Russia listening in on phone calls and even potentially looking at Fayhee as a target due to his background in the field.
He first connected with the Whelan family after learning about Paul’s case in 2018.
Once he became familiar with the charges and case made by Russia against Whelan, he felt that the former Marine was used as a retaliatory bargaining chip for the 2018 arrest of Maria Butina who was accused of trying to influence the National Rifle Association (NRA) and U.S. policy by favoring Kremlin policies. She later pleaded guilty to conspiring to act as a foreign agent.
Knowing that the Whelan family was struggling to gain traction in Washington and deal with the “unpredictable and pretty chaotic experience” of Paul’s imprisonment, and Fayhee’s simultaneous search for a pro bono case that could utilize his skills regarding wrongful detainees, both sides fused to attempt to free him.
The five-plus year journey included Fayhee joining Whelan’s sister Elizabeth on trips to D.C. that included meetings with lawmakers on Capitol Hill. They briefed relevant committees in the Senate and House on efforts towards Whelan’s release.
They met with former national security adviser John Bolton and former National Security Council (NSC) official Fiona Hill, both of the first Donald Trump administration. Hill specializes in Russia and Russian history.
“It really was profile raising, making sure the White House, the State Department, and the NSC in particular were prioritizing and thinking through this in every way,” Fayhee said.
The longer that Whelan was imprisoned, his siblings began to better understand how to make inroads in these different governmental agencies and required less of Fayhee’s presence.
Elizabeth continued to focus her fefforts in the nation’s capital, attending international hearings and working with U.S. ambassadors. David managed the family’s media campaign that for years included routine updates to the press about his twin brother’s condition and comments on the Putin regime.
Once Whelan was released, Elizabeth and David announced that they would no longer issue such updates, letting their brother dictate the narrative moving forward.
Fayhee said he and the Whelan family were told of the impending swap days in advance for reasons related to travel and otherwise, acknowledging that the number of individuals and countries involved was relatively unknown until it actually occurred.
Through the ins-and-outs of Whelan’s case, Fayhee also represented other wrongful detainees and developed a good sense of the reintegration process for released prisoners.
That’s the current stage for Whelan whose imprisonment led to a loss of employment, housing and countless resources.
While others like Gershkovich and Brittney Griner spent less time in jails abroad than Whelan, Fayhee said it’s less about fairness or comparing individual cases and more so about how the U.S. will continue to approach these situations as part of a self-described 21st century security conundrum.
“What are we going to do as a country to make this less of a valuable tool for nation state adversaries?” Fayhee said. “And how do we disincentivize people from using American citizens as pawns to try to achieve their own foreign policy interests?”
He added: “That’s really the story of Paul, right? Paul was exploited time and time again. That was the Russians trying to use Paul as a pawn to try to divide Americans to try to further their own aims at our expense. That’s my takeaway.”