Erik Ortiz is a staff writer for NBC News focusing on racial injustice and social inequality.
Andrea Mitchell and Chelsea Damberg contributed .
The family of Paul Whelan, a businessman and former Marine imprisoned in Russia on suspicion of spying, said they were told by the Biden administration in advance that he would not be part of the prisoner swap Thursday that allowed the release of American basketball star Brittney Griner.
Whelan's brother, David Whelan, said in a statement that while he can "literally only imagine the joy she will have, being reunited with her loved ones, and in time for the holidays," the inability to also bring Whelan home remains difficult for the family to process.
"That early warning meant that our family has been able to mentally prepare for what is now a public disappointment for us. And a catastrophe for Paul," David Whelan said. "I do not know if he is aware yet, although he will surely learn from Russian media."
Follow along for live coverage of Brittney Griner's release.
Whelan has been jailed in Russia since December 2018 on charges of espionage, which he and the U.S. government has denied. He was sentenced in 2020 to 16 years in jail. During his arrest, he was working as the head of global security for an auto parts supplier in Michigan.
David Whelan said gaining the release of Griner, who was detained in February at a Moscow airport after Russian authorities said they found vape canisters with cannabis oil in her luggage, was the "right decision" rather than "waiting for one that wasn't going to happen."
"It is so important to me that it is clear that we do not begrudge Ms. Griner her freedom," David Whelan said. "As I have often remarked, Brittney's and Paul's cases were never really intertwined. It has always been a strong possibility that one might be freed without the other."
A senior U.S. official told NBC News that the U.S. government had sought to have both Griner and Whelan released as part of a swap with the Kremlin, which wanted the return of Viktor Bout, a Russian arms dealer who has served 11 years of a 25-year sentence in the U.S. But the official said Russia has treated Whelan differently because he is an accused spy, and that the Kremlin gave the White House the choice of either Griner or Whelan — or none.
Amid questions as to why Whelan could not be released as well, President Joe Biden said at the White House on Thursday that "we have not forgotten about Paul Whelan."
This is a developing story. Please check back for updates.
