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USA V. GARCÍA LUNA

EPISODE 11. AN UNWINNABLE WAR

PRODUCED BY FUTURO INVESTIGATES AND LATINO USA, IN PARTNERSHIP WITH LEMONADA MEDIA. 

[FUTURO SONIC ID]

[FUTURO INVESTIGATES SONIC ID]

MARIA: DALE CON LA BOTELLA. EPA.

PENILEY:  OKAY. MARIA IS NOT HERE. MARIA IS IN TEXAS, SO I’M HAVING THE TEQUILA JUST MYSELF. THANK YOU SO MUCH.

MARIA: GLUG, GLUG, GLUG.

PENILEY: SORRY MARIA. NO TEQUILA FOR YOU, TEQUILA FOR ME. 

MARIA: ANYWAY, DEAR LISTENER, WELCOME BACK. I’M MARIA HINOJOSA.

PENILEY: AND I AM PENILEY RAMIREZ.  

MARIA: WELL, THERE WAS THIS BIG, HUGE NEWS, YOU KNOW, THE GUILTY VERDICT, AND, FINALLY, SOME U.S. NEWS OUTLETS HAVE STARTED TO PAY A LITTLE BIT OF ATTENTION TO THE IMPORTANCE OF THIS ISSUE. SO HERE’S A LITTLE BIT OF WHAT IT SOUNDS LIKE, AS PENILEY AND I GAVE INTERVIEWS TO THE MAINSTREAM MEDIA…

SFX

[WATERFALL OF INTERVIEWS] 

NPR: WHAT WAS THE PRACTICAL EFFECT OF A TOP MEXICAN OFFICIAL TAKING BRIBES FROM THE CARTEL? HOW DID THAT AFFECT THE UNITED STATES, FOR EXAMPLE? 

MARIA: WELL, THE UNITED STATES SAYS IT HAS THE HIGHEST LEVEL OF INTELLIGENCE AND SAYS THAT THE DEA IS THE MOST PREMIER LAW ENFORCEMENT AGENCY TO FIGHT THIS WAR ON DRUGS.

SFX

DEMOCRACY NOW!: PENILEY YOUR TEAM’S BEEN GETTING UP BEFORE THE SUN RISES  TO GO TO THE COURT. LAY OUT THE SIGNIFICANCE OF THIS VERDICT: 

SFX

PENILEY: WE HAVE BEEN ALSO CALLING OUR SOURCES AND FIGURING OUT WHAT’S NEXT IN THIS STORY. THIS IS LUCIA DIAZ OR LUCY AS SHE LIKES TO BE CALLED. HER SON IS ONE OF THOUSANDS OF PEOPLE WHO HAVE DISAPPEARED IN MEXICO IN THE AFTERMATH OF THE WAR ON DRUGS. WE INTERVIEWED LUCY FOR EPISODE FIVE OF THIS SERIES, AND I CALLED HER BACK AFTER THE VERDICT:

LUCIA DIAZ: IT’S JUST SO NEW TO HAVE SOME JUSTICE, SOMETHING THAT AS VICTIMS, WE NEVER GET IN MEXICO. AND, FINALLY, IT CAME AND WE ALL CELEBRATED.

[MUSIC]

MARIA: SO, IN THIS EPISODE, YOU’RE GONNA HEAR BACK FROM SOME OF THE PEOPLE THAT WE FEATURED IN OUR SERIES AND BASICALLY ASK THE QUESTION, WHERE DO WE STAND IN THIS SO-CALLED WAR ON DRUGS? AND WE’RE ALSO GONNA TAKE YOU TO SOME OF THE BEHIND THE SCENES OF OUR PODCAST. AND YES, A LITTLE BIT OF CHISME STRAIGHT-UP.

PENILEY: THIS IS OUR LAST EPISODE ABOUT THIS TRIAL, SO THE USA V. GARCIA LUNA TRIAL. BUT THIS SAGA IS NOT OVER YET. BECAUSE AS WE HAVE BEEN SAYING: THIS IS NOT JUST THE STORY OF A MAN, BUT A SYSTEM…

MARIA: …AND A SYSTEM THAT OF COURSE, STARTED OVER 50 YEARS AGO WHEN RICHARD NIXON, THEN PRESIDENT, DECLARED THE SO-CALLED WAR ON DRUGS.

[MUSIC]

SFX

 PRESIDENT RICHARD NIXON: LADIES AND GENTLEMEN, I WOULD LIKE TO SUMMARIZE FOR YOU THE MEETING THAT I HAVE JUST HAD WITH THE BIPARTISAN LEADERS…AMERICA’S PUBLIC ENEMY NUMBER ONE IN THE UNITED STATES IS DRUG ABUSE. 

SFX

PENILEY: AND THEN, THE U.S. EXPORTED THIS FAILED WAR ON DRUGS TO ITS NEIGHBOR: MEXICO.

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PRESIDENT FELIPE CALDERÓN:  HOY, EL CRIMEN ORGANIZADO REPRESENTA LA MAYOR AMENAZA PARA LA SEGURIDAD, LA LIBERTAD Y LA TRANQUILIDAD DE LOS MEXICANOS.

[MUSIC]

THEME SONG

MARIA: DEAR LISTENER. WELCOME BACK ONCE AGAIN TO USA VERSUS GARCIA LUNA, AND SALUD FROM TEXAS.

PENI: SALUD FROM NEW YORK.

THEME SONG ENDS

MARIA: ALL RIGHT, SO PENILEY, YOU’VE BEEN TALKING TO A LOT OF YOUR SOURCES TO GET THEIR IMPRESSIONS ABOUT THE BIG NEWS, THE GARCIA LUNA GUILTY VERDICT. WHO ELSE HAVE YOU BEEN SPEAKING WITH?

PENI: WELL, I ALSO CALLED THE MEXICAN GENERAL ROBERTO AGUILERA, YOU WILL REMEMBER HE WAS THE FIRST PERSON THAT, AS FAR AS WE KNOW, INVESTIGATED GARCIA LUNA. AND NOW I CALLED HIM AND I ASKED HIM HOW HE FELT…

GEN. AGUILERA: SIENTO MUCHA ALEGRÍA…NO TENGO EVIDENCIA… PERO PUES TENGO LA SOSPECHA DE QUE ME QUITÓ A MI GRAN AMIGO Y HAY EVIDENCIA DE COMPAÑEROS TUYOS DE DE TANTOS QUE LOS CORRIÓ DE MÉXICO. EN FIN, ESTOY MUY SATISFECHO CON ESA RESOLUCIÓN. 

[MUSIC]

MARIA:  SO HE TOLD YOU THAT HE FEELS VERY HAPPY THAT WHILE HE HAS NO HARD EVIDENCE ABOUT THIS, HE ALSO SUSPECTS THAT GARCIA LUNA KILLED ONE OF HIS BEST FRIENDS WHO WAS THE FORMER ANTI-NARCOTICS CZAR OF MEXICO. BUT NOT ONLY THAT, HE TOLD YOU THAT THERE’S EVIDENCE OF JOURNALISTS WHO WERE FORCED TO FLEE MEXICO, LIKE ANABEL HERNÁNDEZ. AND SO SPEAKING WITH ANABEL, WE ALSO WERE ABLE TO GET FROM HER HER IMMEDIATE REACTION TO THIS GUILTY VERDICT BECAUSE WE WERE ALL TOGETHER IN COURT THAT DAY.

[MUSIC]

ANABEL HERNÁNDEZ:TENGO TANTOS SENTIMIENTOS QUE ESTOY BLOQUEADA. PIENSO EN MI LIBRETA DE PERIODISTA, QUE ESTA ES LA ÚNICA ARMA QUE LO HIZO TEMBLAR.

PENILEY: SHE HAD SO MANY FEELINGS THAT SHE WASN’T ABLE TO EXPRESS HERSELF. 

MARIA:  WHICH IS KIND OF EXTRAORDINARY BECAUSE YOU HAVE A WOMAN WHO USES WORDS EVERY SINGLE DAY AS A WRITER, AND SHE WAS BASICALLY SPEECHLESS. AND THEN SHE SAID THE ONLY WEAPON THAT SHE HAD TO DEFEAT GARCIA LUNA WAS THIS NOTEBOOK. IT WAS POWERFUL.

PENILEY: AND GOING BACK TO LUCY, MARIA, SHE MENTIONED SOMETHING, OR SOMEONE, I SHOULD SAY, THAT SPEAKS TO WHAT MANY VICTIMS LIKE HER ARE STILL WAITING FOR. 

[MUSIC]

LUCIA: HIS BOSS, THE MAN WHO INVENTED THIS WAR, WHO WAS THE PRESIDENT BACK THEN, I THINK HE HAS TO PAY TOO BECAUSE THEY NEVER REGARDED THE VICTIMS. THEY NEVER THOUGHT OF THE VICTIMS. AND, WE PAID A HIGH PRICE. 

[MUSIC]

PENILEY: SHE REFERS TO FELIPE CALDERON, THE FORMER MEXICAN PRESIDENT. AND HE LEFT MEXICO BEFORE THE GARCIA LUNA’S TRIAL BEGAN, AND NOW HE IS LIVING IN SPAIN. 

MARIA: YOU KNOW WHAT, PENILEY? NOW WITH THIS GUILTY VERDICT, MEXICANOS ARE SAYING, LOOK, YOU CANNOT LEAVE THE PRESIDENT UNTOUCHABLE. I KNOW WE’RE GONNA KEEP TRYING BECAUSE HE HAS TO RESPOND.  

PENILEY: YES! AND GUESS WHAT MARÍA? AFTER THE VERDICT I SENT HIM AN INTERVIEW REQUEST. BUT, HE DIDN’T RESPOND. I WONDER WHY!

MARIA: SO, WHILE WE GOT A NO FROM THE FORMER MEXICAN PRESIDENT PENILEY,  WE DID GET A LOT OF LOVE FROM OUR LISTENERS. QUÉ LINDO.

PENILEY: WE HAVE RECEIVED A LOT OF MESSAGES FROM LISTENERS, AND COLLEAGUES, AND PEOPLE WHO HAVE LOVED THE PODCAST. 

MARIA: SO WE LIKE TO RECORD THINGS AS THEY HAPPEN, AND SO WHEN WE GOT THIS EMAIL, WE RECORDED OUR IMMEDIATE REACTIONS AND HERE YOU GO.

SFX

PENI: THIS IS HUGE. 

MARIA: THIS IS A LETTER FROM THE SENATOR, CHUCK GRASSLEY, TO THE FBI AND TO THE DEA, AND BASICALLY IS SAYING WE WANT EVERY SINGLE RECORDING THAT THE FBI AND THE DEA HAS OF GARCIA LUNA WITH DATES OF WHEN THE RECORDINGS HAPPENED, ALL THE DOCUMENTS RELATING TO GARCIA LUNA’S CRIMINAL ACTIVITY.

EXPLAIN WHAT YOUR AGENCIES KNEW ABOUT GARCÍA LUNA’S CORRUPTION AND CRIMINAL ACTIVITY AND WHEN THEY LEARNED ABOUT IT. PLEASE EXPLAIN THE VETTING YOUR AGENCIES CONDUCTED OF GARCÍA LUNA. PLEASE IDENTIFY THE INDIVIDUALS WHO PARTICIPATED IN VETTING GARCIA LUNA AND THE DATES THEY CONDUCTED THE VETTING. EVERYTHING THAT THEY’RE USING AS FOOTNOTES AND SOURCES FOR THIS LETTER IS BASED ON OUR PODCAST. OH MY GOD. WOW. 

SFX

PENI: YES, MARIA, WE HAD BEEN WONDERING IF ANY U.S. LEADER WAS PAYING ATTENTION TO OUR  PODCAST, AND WELL, THEY WERE. 

MARIA: I JUST NEVER THOUGHT OUR PODCAST WOULD END UP BEING USED BY SENATOR CHUCK GRASSLEY AND BASICALLY HIS POLITICAL INTENTIONS TO TAKE ON THIS CASE. BUT IF CHUCK GRASSLEY THINKS THIS IS A QUESTION OF DEMOCRATS VERSUS REPUBLICANS, YOU KNOW, NO, HONEY. GARCÍA LUNA WAS ALSO WORKING UNDER A REPUBLICAN ADMINISTRATION. THAT WOULD BE GEORGE W. BUSH. THIS IS A SYSTEMATIC, IT’S A STRUCTURAL PROBLEM. AND THIS WAR ON DRUGS IS NOT WINNABLE.

[MUSIC]

PENILEY: OKAY, THE U.S. HAS SENT OVER THREE BILLION DOLLARS TO SUPPORT THIS WAR IN MEXICO, THROUGH THIS BILATERAL AGREEMENT CALLED THE MERIDA INITIATIVE. BUT STILL, THE U.S. REMAINS AS THE BIGGEST CONSUMER OF ILLEGAL DRUGS WORLDWIDE.

MARIA: I KNOW. IT’S KIND OF LIKE THE UNITED STATES LIKES TO IMAGINE THAT, YOU KNOW, THIS WALL, YOU KNOW, JUST KEEPS ALL THE BAD THINGS LIKE MEXICAN CORRUPT DRUG DEALERS, NARCOS AND THEN IT’S LIKE, POOF. WHAT THIS LOOKS LIKE HERE IN THE UNITED STATES IS NOT ONLY CORRUPTION AND DRUG SELLING THAT HAPPENS EVERYWHERE ACROSS THE COUNTRY, BUT YOU’VE ALSO GOT THIS ONGOING OPIOID EPIDEMIC. YOU’VE GOT THIS MASS INCARCERATION, AND THEN OF COURSE MAKE THE CONNECTION TO THE INFLUX OF PEOPLE FLEEING VIOLENCE AND NARCOS AND NARCO STATES, WHICH LOOKS LIKE THOUSANDS OF REFUGEES TRYING TO LIVE A SAFE LIFE BY GETTING TO THE UNITED STATES. 

[MUSIC]

PENI: YES, AND THIS REPUBLICAN SENATOR GRASSLEY, OF COURSE, HE’S INTERESTED ON ALL OF THIS BECAUSE FOR YEARS, HE HAS BEEN PUSHING TOO FOR MORE ACCOUNTABILITY AROUND THE MERIDA INITIATIVE. THIS IS HIM IN THE SENATE TWO YEARS AGO. 

SFX

GRASSLEY: NOW FOR NEARLY 15 YEARS, THE UNITED STATES IS SOUGHT TO WORK WITH ALLIES IN MEXICO TO STOP THE FLOW OF DRUGS INTO OUR COUNTRY. YET, MEXICAN-BASED DRUG TRAFFICKING ORGANIZATIONS MAINTAIN CONTROL OF THE DRUG TRADE THROUGH VIOLENCE, THROUGH INTIMIDATION, AND THROUGH CORRUPTION. 

SFX

[MUSIC]

MARIA: YOU KNOW, I HAVE INTERVIEWED SENATOR CHUCK GRASSLEY. UM, I DO NOT AGREE WITH HIM ON A LOT, BUT ON THIS PARTICULAR ISSUE, HE IS MAKING THE SAME POINT THAT WE’VE BASICALLY BROUGHT UP IN THIS PODCAST. 

PENILEY: YEAH AND THE POLITICS, ARE HAPPENING IN A BIG WAY IN THE US BUT ALSO IN MEXICO, MARIA, BECAUSE THE MEXICAN  PRESIDENT HAS BEEN REFERRING TO THINGS THAT WE MENTIONED IN THIS PODCAST. AND FOR EXAMPLE, HE MENTIONED SOMETHING THAT WE EXPLAINED IN EPISODE FOUR OF OUR PODCASTS THAT GARCIA LUNA WAS DOING BUSINESSES IN MIAMI WITH THESE TWO BUSINESSMEN: SAMUEL AND ALEXIS WEINBERG.  AND NOW GARCIA LUNA IS FACING A CIVIL LAWSUIT IN MIAMI REGARDING THOSE BUSINESSES. THIS IS FROM EPISODE FOUR: 

[MUSIC]

SFX: CHIMES

PENILEY: IN MY FIRST YEARS INVESTIGATING GARCÍA LUNA I FOUND THAT, WHEN HE WAS IN OFFICE, THE DEPARTMENT THAT HE WAS LEADING AWARDED HUNDREDS OF MILLIONS OF DOLLARS IN CONTRACTS TO COMPANIES THAT BELONGED TO THE WEINBERGS. THEN, THE WEINBERGS MOVED TO MIAMI, AND THEY BOUGHT LUXURY HOUSES AND APARTMENTS THERE. AND YEARS AFTER I PUBLISHED THIS, THE MEXICAN GOVERNMENT FILED FIRST A CRIMINAL COMPLAINT IN MEXICO AND THEN A CIVIL LAWSUIT IN MIAMI AGAINST THE WEINBERGS AND GARCÍA LUNA. THE ALLEGATIONS FROM THOSE CASES SAY THAT GARCÍA LUNA CONSPIRED WITH THE WEINBERGS TO STEAL $600 MILLION FROM THE MEXICAN GOVERNMENT. 

MARIA: $600 MILLION? OH MY GOD.

SFX: CHIMES

MARIA: RIGHT. THE PROSECUTORS WANTED TO BRING THIS INFORMATION ABOUT THE EXCESSES OF THIS LIFESTYLE OF GARCÍA LUNA THAT HE HAD IN MIAMI, AND TO MAKE THE MIAMI CASE PART OF THE PROOF AGAINST GARCIA LUNA. BUT FOLKS, REMEMBER, JUDGE COGAN DID NOT ALLOW THAT TO BE PART OF THE CASE.

PENILEY: YEAH, THAT WAS ONE OF THE MOST FRUSTRATING MOMENTS OF THE TRIAL FOR ME, BUT IN MEXICO, DURING THE TRIAL, THE MEXICAN PRESIDENT ANDRES MANUEL LOPEZ OBRADOR WAS ALSO INSISTING [ON] THAT MIAMI TRIAL. THIS IS HIM AT A PRESS CONFERENCE IN MEXICO CITY:

SFX

PRESIDENT ANDRÉS MANUEL LÓPEZ OBRADOR: HAY UN JUICIO EN FLORIDA Y SUS ABOGADOS PLANTEARON DE QUE NO TENÍA MÉXICO POR QUÉ IR A LITIGAR ALLÁ Y UN JUZGADO EN FLORIDA NOS DIO LA RAZÓN. 

SFX

MARIA: SO THE MEXICAN PRESIDENT SAID IN HIS MORNING PRESS CONFERENCE THAT THERE’S THIS TRIAL IN FLORIDA AND THAT THE COURT IN FLORIDA HAS AGREED WITH THE MEXICAN GOVERNMENT, AND HE SAYS, WORK IS BEING DONE ON THIS ISSUE.

PENILEY: YES, AND ACCORDING TO MY INVESTIGATION, MEXICO HAS A GOOD CHANCE OF WINNING THAT CASE IN MIAMI, AND THAT IS IMPORTANT MARIA. BECAUSE THAT COULD PROVE THAT GARCIA LUNA STOLE MONEY FROM THE MEXICAN GOVERNMENT IN ADDITION TO THE MONEY THAT HE TOOK FROM EL CHAPO AND FROM THE SINALOA CARTEL.

PENILEY: AND EVEN IN MEXICO, MARIA. THE MEXICAN PROSECUTOR HAS FIVE PENDING INVESTIGATIONS AGAINST GARCIA LUNA, AND THREE OF THEM ARE ALREADY WITH A FEDERAL JUDGE AND THEY ARE FOR ILLICIT ENRICHMENT,  AND I’M SAYING LIKE THIS FOR MARÍA CAN CORRECT ME…

MARÍA; IT WAS PERFECT, ILLICIT ENRICHMENT. IT’S NOT EASY, YOU DID GOOD.

PENI: AND ALSO FOR WEAPON TRAFFICKING, AND ABUSE OF POWER. AND MEXICO IS NOW REQUESTING GARCIA LUNA’S EXTRADITION FROM THE U.S.

[MUSIC]

MARIA: THE TRUTH IS, IS THAT THERE ARE VICTIMS ON BOTH SIDES OF THE BORDER. AND, WE ALSO WANT TO TELL YOU NOW A LITTLE BIT ABOUT HOW THIS TRIAL HAS IMPACTED OUR OWN LIVES, SO WE’RE GONNA GO A LITTLE BIT PERSONAL AND WE’RE ALSO GONNA GO A LITTLE BIT INTO CHISME. SO, YA SABES, NO TE VAYAS.

[MUSIC]

MIDROLL

[MUSIC]

MARÍA: REMEMBER PEOPLE: DURING THE TRUMP ADMINISTRATION, THE U.S., REDUCED THE FUNDS THAT IT WAS SENDING TO MEXICO TO SUPPORT THE WAR ON DRUGS. REMEMBER, IT’S SUPER, SUPER POLITICAL.

PENILEY: YEAH. WHAT REALLY MATTERS TO US IS THAT THE DRUGS ARE STILL COMING, THE DRUGS ARE STILL ARRIVING TO THE US, ARRIVING TO NEW YORK BUT NOW, WE HAVE ANOTHER CRISIS, AND THAT NEW CRISIS IS CALLED FENTANYL. 

SFX

NEWS HOST: A POWERFUL PAINKILLER KNOWN AS FENTANYLS, RESPONSIBLE FOR ONE OF THE DEADLIEST DRUG CRISES IN THE UNITED STATES.

NEWS HOST: IN 2021, OVER 100,000 AMERICANS DIED FROM DRUG OVERDOSES. THE DRUG BEHIND TWO THIRDS OF THOSE DEATHS: FENTANYL

SFX

[MUSIC]

MARIA: BUT, THAT BUT WHAT WE KNOW NOW IS THAT GARCIA LUNA, VA A ESTAR EN LA CÁRCEL. RIGHT? HE’S GONNA STAY IN JAIL, IN PRISON, AND THE US THEY’RE DOING THIS WHOLE CONVERSATION ABOUT HOW TO CONTINUE WITH THIS WAR ON DRUGS BECAUSE BASICALLY YOU’RE LOSING CREDIBILITY. MEANWHILE, RIGHT, WE SEE IT. THOUSANDS OF PEOPLE ARE STILL DYING IN OUR STREETS BECAUSE OF THESE FENTANYL OVERDOSES.

PENI: YES, AND WE HAVEN’T TALKED ABOUT THIS BEFORE, BUT WE DID HAVE ONE WITNESS DURING THE TRIAL OF GARCIA LUNA A BIG FORMER DISTRIBUTOR IN NEW YORK AND HE SAID THAT RIGHT NOW, AS WE SPEAK TODAY, IVÁN GUZMÁN, THE SON OF EL CHAPO, HE’S SENDING FENTANYL EVERY DAY TO THE STREETS OF THE U.S. AND THIS DISTRIBUTOR ALSO SAID THAT NEW YORK IS STILL THE MOST PROFITABLE DRUG MARKET IN THE U.S. AND WE TALK ABOUT IT, IT WAS PROFITABLE AFTER THE 9/11, AND IT IS PROFITABLE TODAY, NEW YORK IS STILL THIS BIG MARKET THAT ALL THE CARTELS WANT.

[MUSIC]

SFX CASTANETS

MARÏA: BUENO, DEAR LISTENER,WE’RE GONNA KEEP DIGGING INTO ALL OF THIS, BUT FOR NOW, PENILEY AND WE WANNA TAKE SOME TIME IN THIS EPISODE TO TELL YOU KIND OF WHAT THIS STORY HAS BEEN FEELING LIKE AS WOMEN, NOT JUST AS  JOURNALISTS,  BUT AS MOTHERS, AS WIVES, AS COMPAÑERAS, AS HUMAN BEINGS, AS COLLEAGUES SO I TOLD WE’D HAVE A LITTLE BIT OF CHISME, TO HERE IT COMES.

[TELENOVELA MUSIC]

SFX

PENILEY: SO, THIS IS THE REAL MOMENT OF TRUTH:

[MUSIC]

MARIA: WELL, LOOK, THE THING IS THAT WE NEED TO ACKNOWLEDGE THAT IT WAS A LOT OF CHISME GOING ON IN THE COURTROOM. AND, YOU KNOW, WE DID START THIS PODCAST BY SAYING THAT IS TRUE CRIME MEETS TELENOVELA. SO WE WANT TO SHARE SOME BEHIND-THE-SCENES TELENOVELA [SFX] MOMENTS.

MARIA: THE TRUTH IS THAT THE PRESS COVERING THIS TRIAL— US INCLUDED —YOU KNOW, WE ARE INCREDIBLY COMPETITIVE, RIGHT? MOST DAYS OUT THERE IN THE COURT, THERE WERE BASICALLY 17 JOURNALISTS THAT WERE ALLOWED INTO THE MAIN COURTROOM IN PERSON. AND THE FIRST PERSON WHO ARRIVED AT THE COURTHOUSE WOULD START A LIST OF NAMES IN A NOTEBOOK AND EVERYBODY WHO WOULD ARRIVE WOULD BASICALLY PUT THEIR NUMBER NEXT IN LINE, AND THAT WOULD MEAN THAT YOU HAD ACTUALLY ARRIVED TO SAVE YOUR SPACE, RIGHT? THERE WAS SO MUCH DRAMA HERE, PENILEY. 

PENILEY: YES, AND WE STARTED GOING THERE EARLIER AND EARLIER AND EARLIER. SO, THE FIRST TIME WE WENT THERE AT 7 A.M., AND THEN AT 6 A.M., AND THEN AT 4 A.M., AND THEN AT 3 A.M.! 

SFX: CLOCK BREAKS

MARIA: AND WE KEPT ON TRYING TO GET IT RIGHT,  AND THEN, WELL, THIS HAPPENED, DEAR LISTENER: 

MARIA:  PENILEY, NO, IT CAN’T BE POSSIBLE. IT IS 4:24 IN THE MORNING, AND WE JUST GOT TO COURT ASSUMING THAT THERE WAS GONNA BE 25 JOURNALISTS HERE—MEXICAN JOURNALISTS —AND NO, WE’RE NUMBER TWO AND THREE. THERE’S ONE DUDE.

PENILEY: OKAY, DO YOU HAVE THE LIST? NOBODY ELSE HAS COME? 

MARIA: YOU’RE THE FIRST PERSON HERE? 

MAN: YES.

MARIA: OMG. NO LO PUEDO CREER. TODOS SE QUEDARON DORMIDOS.

PENILEY: [LAUGHS]

MARIA: LA VERDAD IS THAT WE WERE GETTING PHYSICALLY, MENTALLY, AND EMOTIONALLY EXHAUSTED. 

PENILEY: IT WAS CRAZY. SO, WE STARTED THINKING HOW WE CAN KEEP OUR MENTAL HEALTH GOING, SO I STARTED A DANCING ROUTINES SUPER EARLY IN THE MORNING AT HOME, AND I WAS DANCING WITH ALL THIS BAD BUNNY MUSIC [SFX: RAGGAETON] SO I COULD RESIST THE LONG JOURNEYS WITHOUT LOSING MY MIND. 

MARIA: RIGHT. MEANWHILE, I’D BE DOING LIKE AN HOUR’S WORTH OF MEDITATION [SFX: HARP] WHILE I SLEPT IN THE BACK OF [THE CAR] OUR DEAR COMPAÑERO. HIS NAME IS TÍO. HE DROVE US TO COURT EVERYDAY, AND WE’D BE LISTENING TO HIS MEXICAN MUSIC. [SFX: MEXICAN RANCHERAS] AND THEN THERE WERE THIS CRAZY THINGS THAT HAPPENED AT THE TRIAL. SO, THE FIRST THING WAS THAT THERE’S A COLLEAGUE WHO I HADN’T SEEN IN, I DON’T KNOW, CLOSE TO THREE DECADES, AND THIS COLLEAGUE, THERE WAS SOME CHISME, BECAUSE THIS COLLEAGUE STOLE ONE OF MY NANNIES, LIKE WHEN, YOU KNOW, I HAD LITTLE KIDS, AND YOU NEVER STEAL SOMEBODY’S NANNIES. THERE WAS THAT FUN. THEN, THERE WAS THE MOMENT WHEN I REALIZED THAT ONE OF THE INTERPRETERS, IS ACTUALLY MY GODSON. [SFX: TELENOVELA GASP] QUÉ, QUÉ? 

SFX

MARIA: AND DURING THE TRIAL, I REALIZED THAT GENARO GARCIA LUNA, A CONVICTED NARCO, UH, HE GOT GLOBAL ENTRY APPROVAL. YOU KNOW, TO GET IN AND OUT OF THE U.S. WITHOUT HAVING TO STAND IN LINE. AND YOU KNOW WHAT I FIND OUT DURING THE TRIAL? 

[MUSIC]

MY APPLICATION FOR GLOBAL ENTRY WAS DENIED, AND I FOUND IT TO BE SO LIKE SUCH AN ATTACK ON MY PERSONALLY, BECAUSE THIS IS THE DEPARTMENT OF HOMELAND SECURITY, IT’S ICE, IT’S BORDER PATROL, WHO ARE BASICALLY SAYING: HEY, HINOJOSA, YOU ARE A THREAT, WE DON’T TRUST YOU, BUT THEY TRUSTED GARCIA LUNA, PENILEY? 

[SFX: TELENOVELA GASP]

PENILEY: SO, AS YOU CAN HEAR, THAT WAS THE TELENOVELA PART. 

MARIA: HEHEHE 

[MUSIC]

PENILEY: BUT YES MARIA, I FEEL SO GRATEFUL THAT THIS FIRST TRIAL I COVER IN PERSON IN THE U.S., BECAUSE I COVERED EL CHAPO’S TRIAL BUT I WAS BASED IN MEXICO. AND TO DO IT HERE, AND WITH YOU, MARIA, IT’S BEEN TREMENDOUS, TREMENDOUS FOR ME BECAUSE, YOU KNOW, I HAD THESE INSECURITIES ABOUT ME NOT KNOWING THE SYSTEM, AND ABOUT MY ENGLISH, AND ALL OF THAT. AND ACTUALLY, I THINK THAT MY ENGLISH HAS IMPROVED, EVEN [THOUGH] STILL I CAN’T PRONOUNCE “FOCUS.” 

MARIA: THERE YOU GO, “FOCUS.” EXACTLY. I STILL THINK YOU SHOULD CONTINUE TO SAY IT THE WAY YOU SAY IT.  I LIKE IT THE WAY YOU SAY IT. MIRA, THIS PODCAST IS A LOVE LETTER TO MEXICAN JOURNALISTS JUST LIKE YOU, PENILEY. SO DO YOU THINK — I THINK I KNOW THE ANSWER TO THIS BUT I NEED TO ASK YOU: DO YOU THINK THIS IS IT, IN TERMS OF YOU AND GARCÍA LUNA?

PENI: WELL, AS YOU SAID, MY HUSBAND LIKES TO PLAY WITH ME SAYING THAT GARCÍA LUNA IS MY MOST STABLE RELATIONSHIP. 

MARIA: [LAUGHS]

PENILEY: AND I KNOW IT’S BEEN A CHALLENGE FOR HIM.

MARIA: THE TRUTH IS PENILEY, THE OTHER THING THAT PEOPLE DON’T UNDERSTAND HOW THIS AFFECTS OUR OWN PERSONAL RELATIONSHIPS. SO WE DO WANT TO GIVE A SHOUT OUT FOR OUR PARTNERS BECAUSE, IT IS TRUE, SOMOS MUJERES MUY INTENSAS, WE ARE INTENSE, BUT WE DO LOVE WHAT WE DO, AND WE DO IT WITH LOVE FOR THE PROFESSION AND FOR YOU.

[MUSIC]

PENILEY: GOING BACK TO GARCÍA LUNA, HE WILL STAY NOW IN THE SAME DETENTION CENTER IN BROOKLYN UNTIL HE LEARNS ABOUT HIS SENTENCE, AND WE WILL BE THERE, OF COURSE, IN JUNE, TO LEARN ABOUT THE SENTENCE. AND THEN HE WILL SPEND YEARS IN A PRISON IN THE U.S. BUT, IN THE MEANTIME, FOR US, FOR ME, I’M JUST GETTING READY FOR THE NEXT STORY. 

THE COCAINE CRISIS IS NOT OVER; THE FENTANYL CRISIS IS NOT OVER; AND THIS IS NOT JUST A STORY ABOUT A MAN BUT A SYSTEM, AND THIS SYSTEM IS THE WAR ON DRUGS AND THE TOO MANY THINGS THAT ARE NOT WORKING IN THE U.S.

MARIA: SO, WE KNOW, WE HAVE MADE THIS COMMITMENT TO YOU, TO US, TO EACH OTHER, TO KEEP ON INVESTIGATING THE RESPONSIBILITIES OF THE UNITED STATES IN THIS CRISIS, AND, YOU KNOW WHAT? WE’RE NOT DONE. 

PENILEY: WE ALSO HAVE PROVEN THAT WE CAN TELL A DEEP INVESTIGATIVE STORY FROM A WOMAN’S PERSPECTIVE, SO, MARIA, LET’S KEEP DOING THAT.

[MUSIC]

MARIA: AND DEAR LISTENER, KEEP AN EAR OUT FOR US ‘CAUSE WE HAVE A LOT MORE TO UNCOVER.

PENILEY: YA SABES, LONG LIVE JOURNALISM!

MARIA: QUE VIVA EL PERIODISMO. NO TE VAYAS. SALUD. 

PENILEY: SALUD. 

CREDITS

USA VERSUS GARCÍA LUNA IS AN ORIGINAL PRODUCTION BY FUTURO INVESTIGATES IN COLLABORATION WITH LATINO USA AND FUTURO STUDIOS. LEMONADA MEDIA IS OUR ADVERTISING AND DISTRIBUTION PARTNER.

OUR HOSTS ARE MARÍA HINOJOSA AND PENILEY RAMÍREZ, EXECUTIVE PRODUCERS OF FUTURO UNIDAD HINOJOSA, THE INVESTIGATIONS AND SPECIAL PROJECTS DIVISION OF FUTURO MEDIA. 

THIS EPISODE WAS PRODUCED BY JUAN DIEGO RAMÍREZ AND SOFÍA SÁNCHEZ. THIS SERIES IS EDITED BY ANDREA LÓPEZ-CRUZADO. OUR ASSOCIATE PRODUCER IS ROXANA AGUIRRE. FACT CHECKING BY ARTURO ANGEL. 

NANCY TRUJILLO AND RAUL PEREZ ARE OUR PROJECT MANAGERS. 

OUR ENGINEERS ARE STEPHANIE LEBOW, JULIA CARUSO, GABRIELA BAEZ AND LEAH SHAW DAMERON. MUSIC AND SCORING BY JACOB ROSATI. 

THIS SERIES WAS MADE POSSIBLE WITH THE SUPPORT OF THE W.K. KELLOGG FOUNDATION, CHAN ZUCKERBERG INITIATIVE AND HISPANICS IN PHILANTHROPY. 

YOU CAN LISTEN TO THE REST OF “USA VS. GARCÍA LUNA” TODAY, WHEREVER YOU HEAR YOUR PODCASTS AND ON OUR WEBSITE AT FUTUROINVESTIGATES.ORG —THAT’S FUTURO INVESTIGATES DOT-O-R-G. VISIT OUR SITE TO FIND MORE INFORMATION ON “USA V. GARCÍA LUNA.” 

[SFX: CASTANETS]

The work of Futuro Investigates is made possible by The W.K.Kellogg Foundation, Chan Zuckerberg Initiative, The Tow Foundation, The Geraldine H. Dodge Foundation, Michelle Mercer and Bruce Golden, and Hispanics in Philanthropy.

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