Brittney Griner & Paul Whelan exchange could encourage Russia to imprison Americans on baseless charges, expert warns

, a prominent defense lawyer and former federal and Manhattan prosecutor, said America's justice system is flawed but it's still a system of due process versus the "sham" that exists in Russia.

Whelan has been held by Russia for alleged espionage since 2018, and Griner was arrested earlier this year for allegedly carrying cartridges containing liquid with hashish oil.

"A prisoner swap with Russia is like negotiating with a hostage taker," Levin told The Sun. "This is an international relations dance rather than something that is playing out in the court."

Both Griner and Whelan's families have called on the White House to get their loved ones out of Russian jails.

But the current proposed "runs the risk that Russia will take more US citizens into custody as a bargaining chip to get what they want," Levin said.

"This runs the real risk that it will embolden Russia to baselessly imprison even more US citizens on bogus charges."

Meanwhile, Bout - who's nicknamed "merchant of death" - was convicted in 2011 and is serving a 25-year prison sentence for conspiracy to kill US citizens and officials.

Calling it a ";swap is misleading," Levin said.

"A swap is when you're trading one equal thing for another equal thing," the former federal prosecutor said.

";But Bout has been convicted in the United States of extremely serious offenses versus Brittney Griner, who allegedly had some marijuana vape cartridges in her bag.

"She was thrown into a system where she was not apprised of her rights and had no due process."

There's "no playbook" for this prison exchange, so there's no time period for when - or if - it will get done, Levin said.

"There are a lot of factors at play here," he said. "I think Russia is clearly trying to achieve its goals by imprisoning American citizens and the US is doing everything it can to prevent an injustice.

"But also the United States is being cognizant of not emboldening Russia to take more US citizens into custody with no justification."

ANTHONY BLINKEN'S COMMENTS

The tense negotiations will be the first time the countries have spoken since Russian invaded Ukraine in late February.

“We put a substantial proposal on the table weeks ago to facilitate their release,” Secretary of State Antony Blinken said this week.

Blinken added that he plans to speak with Russian Foreign Minister Sergey Lavrov to bring up the proposal.