Maphine Fogel, whose son has been in a Russian prison for three years, said it was “gut-wrenching” to see that her son was not included in Thursday’s prisoner exchange, to say nothing of not receiving a call from the Biden administration 

“The exchange yesterday was really gut wrenching,” Fogel told The Daily Wire. “When there were that many prisoners being exchanged, I thought he would surely be one of them… It’s just not a good feeling at all.”

Malphine Fogel, whose son has been in a Russian prison for 3 years, says she was devastated that he was excluded from the prisoner exchange. She also says she never even heard from Biden.

Trump met with her before his rally in Butler, PA and promised to free her son if he wins. pic.twitter.com/iEgxOPQIjA

— Daily Wire (@realDailyWire) August 2, 2024

The 95-year old is advocating for her son to receive “wrongfully detained” status, which would empower the United States government to provide financial support for Marc’s medical care and other needs.

On Thursday, Russia released Wall Street Journal reporter Evan Gershkovich and former Marine Paul Whelan, in what is being called the largest prisoner swap since the Cold War. Gershkovich spent over a year in Russian prison on trumped-up espionage charges. Whelan had been detained in Russia for six years.

Marc Fogel was given a 14-year-prison sentence for possessing medical marijuana, for which he had a prescription from an American doctor.

While the Biden-Harris Administration strongly advocated for the release of WNBA player Brittney Griner—who was imprisoned for the same crime—Fogel said she has heard nothing from the White House

Maphine worries the White House is ignoring her son because he is not as famous as other prisoners.

“I have not heard anything from President Biden or even anybody in the State Department,” she said. “Brittney Griner, I can see why they would want to get her out, but I think they’re ignoring the ordinary people who are also being held.”

Fogel said her son’s release is paramount because he has had three spinal operations and is in poor health.

While Fogel has never heard from President Joe Biden or Vice President Kamala Harris, she has met with former President Donald Trump, who told her he’d do everything he can to free her son if he wins the election.

“He wanted to know all about Mark,” Fogel said.  “I gave him all the details, and he said, ‘if I get in, I will get him out’ and he pointed his thumb up towards the sky and he seemed very sincere.”

Fogel added that she told Trump to remember her son’s name.

“He repeated it, and I think he would know it today,” Fogel said.

Fogel was scheduled to take to the stage with Trump after meeting with him before the Butler, Pennsylvania rally when a would-be assassin fired at Trump. Fogel, who was about 25 feet away from Trump when the shots rang out, was immediately assisted by Republican lawmakers in attendance who helped her shelter and then flee.

Fogel said she wants people to know that while others were released, her son is still imprisoned and his situation is becoming dire.“He’s losing hope, and so are all of us, his family.”

The Supreme Court on Friday returned a criminal case against former president Donald Trump to a lower court, and ordered the United States government to make restitution to Trump for his trouble.

The High Court sent the case against Trump back to the United States Court of Appeals for the District of Columbia, instructing it to handle the case in light of the Court’s recent ruling on presidential immunity. The Court also ordered the government to reimburse Trump $3,232.80 for legal costs.

The D.C. Court of Appeals, in turn, handed the case back down to Judge Tanya Chutkan “for further proceedings consistent with the Supreme Court’s opinion.“

Chutkan had rejected the former president’s claim of immunity, saying Trump’s “four-year service as Commander in Chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens.”

But the Supreme Court ruled last month that a president cannot be criminally prosecuted for acts taken as part of his official duties.

“The President is not above the law,” the ruling said. “But under our system of separated powers, the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presumptive immunity from prosecution for his official acts.”

The D.C. court will decide whether Trump’s actions involving the 2020 election fall under that category—judgements that could then make their way back up to the Supreme Court. None of that is likely to occur before November’s election.

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The Supreme Court ruled that without immunity, presidents could be subjected to unending litigation. It cited precedent that “allegations of malice should not suffice to subject government officials either to the costs of trial or to the burdens of broad-reaching discovery.”

Senate Majority Leader Chuck Schumer (D-NY) this week filed a bill that said that no current or former president would be “entitled to any form of immunity (whether absolute, presumptive, or otherwise) from criminal prosecution for alleged violations of the criminal laws of the United States unless specified by Congress.” 

If the precedent of prosecuting Trump had stood, and the Supreme Court had not intervened, President Joe Biden and future presidents would almost certainly be prosecuted for various acts. 

Schumer’s bill attempts to move jurisdiction for haggling over the legislation from the Supreme Court to local courts in D.C., where about 93 percent of residents vote for Democrats.