There are other issues with him too that make him a less than innocent victim, making his situation more difficult and problematic.

I did a bit of reading up. There's been reporting on why Whelan's case is so much more complicated than Griner's. He received a "bad conduct" discharge from the service. Here's a couple of the reports on it.

JAG Navy: https://www.jag.navy.mil/courts/documents/archive/2008/WHELAN,%20P.N.%20200800152%20PCE.pdf

Reuters – 2018: https://www.reuters.com/world/paul-whelan-ex-us-marine-jailed-russia-spying-charges-2022-12-08/

The Atlantic – 2019: https://www.theatlantic.com/politics/archive/2019/11/paul-whelan-caught-between-trump-and-kremlin/601411/?fbclid=IwAR35w9WTr_fVdlYyPLNpOkW4B6KKzau6qovQDev4Ffkl8vEm-jZLGqMtZ9o

Snopes – 2022: https://www.snopes.com/fact-check/paul-whelan-discharge/?fbclid=IwAR0D3FoDDFxA2giCOCGM3F92851KujofSsDqagkRDIhXa7aDviUqrCIgFy8