Muhammad Ali vs. The Draft | The Final Round | 3

By 1969, Muhammad Ali is at a crossroads, his career and freedom hanging in the balance as his draft evasion case reaches the Supreme Court. Behind closed doors, justices clash over his fate, and an unexpected voice shapes the final decision. Be the first to know about Wondery’s newest podcasts, curated recommendations, and more! Sign up now at https://wondery.fm/wonderynewsletter Listen to American Scandal on the Wondery App or wherever you get your podcasts. Experience all episodes ad-free and be the first to binge the newest season. Unlock exclusive early access by joining Wondery+ in the Wondery App, Apple Podcasts or Spotify. Start your free trial today by visiting wondery.com/links/american-scandal/ now. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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• 0:00Lindsay Graham?

  Audible subscribers can binge new seasons of American Scandal early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts.

• 0:24Lindsay Graham?

  It's June 1969 in a federal courtroom in Houston, Texas. Attorney Chauncey Eskridge is sitting at the defendant's table, flipping through his notes on a legal pad while he waits for the judge to return from recess. Two years ago, in this very courtroom, Eskridge's client Muhammad Ali was tried and convicted for refusing to be inducted into the US Armed Forces. Ali appealed his conviction all the way up to the Supreme Court, and the case should have been decided there, but an unexpected discovery was made during deliberations. It was revealed that while Ali's original petition for deferral was under review, the FBI secretly recorded several private conversations between Ali and people under FBI surveillance,

• 1:08Lindsay Graham?

  including Martin Luther King Jr. and Ali's spiritual adviser Elijah Muhammad. And because these wiretaps were done without a warrant, they were illegal and a violation of Ali's civil rights. So the Supreme Court remanded the case back to this Houston courtroom for a hearing to determine if Ali's conviction was in any way influenced by information from those illegally recorded phone calls. For the past several days, various FBI agents have testified to describe the contents of the wiretapped conversations. And now, based on their testimony, Eskridge needs to convince the judge that the conviction was tainted. If he succeeds, Ali will walk free. But if he fails, then Ali's conviction will stand, and the most famous boxer in the world

• 1:53Lindsay Graham?

  will likely have to go to prison. Eskridge looks up to see the bailiff enter and announce that Judge Joe Ingram is returning from his chambers.

• 2:05Lindsay Graham?

  Everyone rises as the judge enters. He then takes his place at the front of the courtroom and tells Eskridge to start his final argument. Eskridge takes a sip of water, checks his notes, and then stands.

• 2:17Speaker 01

  Your honor, I'd like to return to something you said earlier. When discussing the wiretapped conversations, you characterized them as innocuous. You also said that nothing in them could have influenced the Department of Justice to recommend against granting my client an exemption. But that's not true. I would like to call your attention to the conversation from March 1964 between my client and the late Dr. Martin Luther King Jr. What part of this conversation? At one point, my client tells Dr. King, "Watch out for them whities," before hanging up. That sounds to me like a joke. Your client is well-known for remarks like that. He does like to joke around,

• 3:00Speaker 01

  but the Department of Justice might have taken it the wrong way. That might have contributed to their belief that Ali was prejudiced against white people, and that in turn might have influenced their claim that Ali's reasons for avoiding the draft were political, not moral or religious. Mr. Eskridge, your client's religion has a long track record of anti-white statements. Not the religion, just a few individuals. And that's just what the media reports. Regardless, those statements are out there and likely contributed far more than one stray joke. But this was a private conversation. And I'd also like to remind you that the racial composition of the draft boards is an issue in this case. And saying "watch out for them whities" might have biased the draft board against Ali.

• 3:45Speaker 01

  Counsel, these complaints about the race of the draft board seem even weaker. You could never have perfectly proportional representation. No one is asking for perfect representation, just some representation. There is only one black person on any draft board in the entire state of Kentucky, and none on the one that ruled against my client. Fine, but there's no evidence that the DOJ lawyers who wrote the letter to the draft board even saw the FBI transcripts, much less were influenced by them. But we can't know that, and that's the point. If there's even a possibility of them consulting any illegally gathered evidence, then the letter was tainted, and everything that happened after that, including my client's conviction, is tainted as well.

• 4:28Lindsay Graham?

  Ingram leans back and mulls this over.

• 4:31Speaker 01

  Thank you, Mr. Eskridge. I've heard enough. This hearing is adjourned. I'll announce my ruling in the coming weeks.

• 4:39Lindsay Graham?

  As the judge pounds the gavel, Eskridge looks at Ali, who silently shakes his head. Eskridge can tell he's trying to remain stoic in the face of a potential prison sentence, one that seems increasingly likely. Judge Ingram remains as hostile as ever. But even if the judge upholds Ali's conviction, Eskridge is prepared to keep fighting and do everything in his power to make sure the most famous boxer in the world remains a free man.

• 5:08Speaker 02

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• 5:39Speaker 03

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• 6:17Lindsay Graham?

  From Wondery, I'm Lindsay Graham, and this is American Scandal.

• 6:41Lindsay Graham?

  In June 1967, Muhammad Ali was convicted of refusing to enter the US military draft and sentenced to five years in prison. He had also been stripped of his heavyweight title, had his boxing licenses revoked, and his passport seized by the court, leaving him with few options to earn a living. Perhaps most painfully of all, though, his religion, the Nation of Islam, suspended Ali on dubious grounds, taking away his spiritual solace at a time when he needed it most. Then in July 1969, Judge Joe Ingram rejected an argument by Ali's defense team that his case had been unduly influenced by illegal FBI wiretaps. Ali was resentenced to five years in prison.

• 7:23Lindsay Graham?

  But outside the courts, the public had grown increasingly sympathetic to Ali and his stand against the Vietnam War. In 1969, for the first time, a majority of Americans said they felt that the war was a mistake. One anti-war demonstration in Boston drew 100,000 people, and another in Washington, DC drew a quarter of a million. As a result, Ali became a bigger hero for his moral stance than his exploits inside the ring. But the boxer's personal and financial life remained in shambles, driving him to desperate lengths to make money. And no matter how much the public backed him now, Ali's career and his freedom remained in the hands of a few lawyers and the hostile judges of the federal court system. This is episode 3, "The Final Round."

• 8:12Lindsay Graham?

  It's August 1969 in a boxing ring in Miami, Florida. Muhammad Ali rises from a stool in the corner and approaches his opponent, former heavyweight champion Rocky Marciano. The fighters touch gloves, the bell rings, and Ali begins dancing around the ring. He feigns a left cross, then jabs Marciano in the stomach. Marciano grunts and doubles over in pain. Ali moves in for another 1-2 combo, but before he can land another blow, he hears a shout behind him, a director yelling "Cut!" Ali stops shuffling, and the overhead lights come on, revealing the ring for what it really is: a set inside a television studio.

• 8:53Lindsay Graham?

  Ali and Marciano are filming a mock fight for an upcoming film project. A producer came up with the idea to stage a fantasy match between the two champion fighters and determine who would win if they faced each other at the top of their game. Marciano is now 45 years old, far past his prime, but he signed on to the project because he misses boxing. Ali finds the exhibition embarrassing, but he agreed to participate because he needs the money. Ali still isn't allowed to box in the US, and he can't fight anywhere else because the courts are holding his passport. So Ali has started taking demeaning gigs like this one to make ends meet. The director walks over and explains why he yelled "cut". "Marciano is acting too hammy.

• 9:37Lindsay Graham?

  He needs to tone it down, look a bit more natural." Marciano nods, and then the director shouts for everyone to take their places again. The lights drop, and then the two boxers start sparring once more. They're filming 71-minute rounds, and according to the script, Ali will pummel Marciano in some of them, and Marciano will give it to Ali in others. They're also going to film seven different endings, everything from late-round knockouts to split decisions from fake judges. The idea is that the producers will splice together footage from whatever outcome they decide on, and until the match airs, no one will know the winner, not even Ali or Marciano. So as they go through the rounds, the boxers mostly stick to body blows, although they

• 10:21Lindsay Graham?

  do land occasional headshots. The director calls out cues and has them redo certain takes, and at one point, they squirt fake blood on Marciano. It all looks ridiculous to Ali, but he doesn't say anything. He just keeps his head down until at last the director calls "cut" for the final time. Ali is eager to head home. He pulls off his boxing gloves and heads to the dressing room to change, but before he can leave, Marciano approaches him to chat privately. Marciano says he admires Ali, and that it's a damn shame the world can't see one of the greatest boxers in history fighting his prime. Ali is touched. He thanks Marciano, but tells him the same thing he's been telling reporters for months now. He honestly doesn't miss boxing.

• 11:05Lindsay Graham?

  His ministry work and anti-war activities are much more important. Marciano just chuckles, saying that with all due respect, he doesn't believe Ali. Ali frowns though, and asks what he means. Marciano says Ali has the fever, a fire that burns inside of every fighter, and once you have it, you never lose it. Ali waves him off, but Marciano just shrugs. He shakes Ali's hand, tells him it's been an honor to stage a fake fight with him, and he turns and leaves. Ali watches him go, and realizes deep down, Marciano is right. No matter how many times he says he doesn't miss boxing, he can't force himself to believe it. Ali is desperate to get back in the ring and start fighting for real again.

• 11:48Lindsay Graham?

  And as he packs up his things to head home, he decides that in New York, he's gonna reapply for his boxing license. Rocky Marciano never gets to see the outcome of the simulated fight. Only a few weeks after filming, he dies in a plane crash in Iowa. The film airs in January 1970, and Ali watches in a movie theater. He's unhappy with what he sees. He looks slow and pudgy, and worst of all, the producers show him losing the match in a 13th round knockout. Ali leaves the theater disgusted, but seeing himself on screen only reinforces his determination to box again. The state of New York has already rejected Ali's latest application for a license on

• 12:33Lindsay Graham?

  the grounds that he's now a convicted felon, but Ali's lawyers have sued the state to reverse the decision. Still, while they wait for a hearing, the boxer's financial situation remains dire. At one point, Ali is so broke, he gets locked out of the hotel room where he's staying because he can't pay the $53 bill. So when a new, more reliable source of income presents itself, Ali seizes the opportunity. He begins giving paid anti-war and civil rights speeches on college campuses around the country. The payments for these talks are especially welcome because Ali and his wife Belinda have just had twins. Ali also benefits from the generosity of a black power broker in Philadelphia, who gives him a house in a wealthy neighborhood.

• 13:17Lindsay Graham?

  But the move to Philly proves far more controversial than Ali had expected. In late January 1970, after delivering a speech to students on the campus of Muhlenberg College in Allentown, Ali opens the floor to questions from the audience. Some ask when he'll return to boxing, others about his fake fight with Marciano.

• 13:40Lindsay Graham?

  Then, Ali points to a young black man wearing a dashiki, a traditional African shirt. Ali anticipates a friendly question about civil rights, but when the young man steps up to the microphone, Ali is surprised by how angry he is.

• 13:54Speaker 01

  I hear you're living in Green Hill Farms now. That's a rich section of Philadelphia, a white section. Is that a question? I thought you were against integration. Why are you living there? Because my family needs a home. We just had twins. You always denounce black people who made some money and then abandoned the black community. Now you've gone and done the same thing. No, I haven't. Yes, you have. You're a sellout. If you really cared about black people, you should live with them. Wasn't that what you always preached?

• 14:25Lindsay Graham?

  Ali is suddenly furious. He begins pacing the stage.

• 14:29Speaker 01

  What do you want? You want me to buy a home in the ghetto? Why would I want to live in a rat band and have a rat bite my child? What I want is for you to live by your principles. I gave up my career for my principles. I'm facing prison time for my principles. You said we need to build up the ghetto, but you've run away like a coward. Be quiet, boy, before I knock you down. I swear, people like you give me more trouble than the whites. Hey, get back here, I'm talking to you.

• 14:59Lindsay Graham?

  But the student isn't listening. He pushes his way out of his row then storms out of the auditorium. One hundred other students follow him. Those that remain continue to shout and boo. The entire crowd is turned against him. Ali watches in shock and stops offstage. He knows he shouldn't have lost his temper, but there's so much strain on him right now. His legal battles, his financial troubles, his suspension from the Nation of Islam. Now even his own people are mad at him. It feels like no matter what he does, Ali can't win.

• 15:35Lindsay Graham?

  Among some members of the Black Power Movement, Ali continues to face tough questions about his new home in Philadelphia. Moving into an almost exclusively white neighborhood contradicts everything he and the Nation of Islam have preached for years. But among the general public, Ali is more popular than ever. At one point, dozens of celebrities sign a letter demanding justice for him and the restoration of his boxing license. These stars include Elizabeth Taylor, Sammy Davis Jr., and even Jackie Robinson, who once criticized Ali for his separatist politics. And their demands soon prove successful. In September 1970, a New York State court finally considers Ali's case. The issue at hand is whether or not Ali's status as a convicted felon should preclude

• 16:20Lindsay Graham?

  him from renewing his boxing license. The New York State Athletic Commission claims it does, but Ali's lawyers have combed through the commission's records and found several other boxers who were granted licenses despite committing such crimes as assault and armed robbery. Ali's lawyers argue that he's been singled out unfairly, and the judge agrees. On September 14, 1970, he orders the commission to renew Ali's license, and in response, other states restore Ali's licenses as well. Ali is thrilled. At long last, he can box again, but only if he can stay out of prison. And he's running out of chances to overturn his conviction for draft evasion. Because just one month before Ali gets his boxing license back, a federal court of

• 17:05Lindsay Graham?

  appeals upholds Ali's criminal conviction for a second time. Now Ali has only one option left, to appeal his case once again to the Supreme Court. And when the justices meet in mid-January 1971, they're reluctant to consider Ali's case. One of the biggest skeptics is 71-year-old conservative Justice John Marshall Harlan. On the day Ali's case comes up, Harlan arrives early at the conference room in the Supreme Court Building. He winces as he eases himself into a chair, then squints at the notes he's jotted on the title page of the case he's holding, Cassius Clay v. the United States of America. It's been a trying week for Harlan. He was diagnosed with spinal cancer last year.

• 17:48Lindsay Graham?

  The ongoing chemotherapy has left him exhausted. Plus, his eyesight is getting poorer every month. He gets headaches now if he reads more than an hour. The door opens, and seven other justices file in. Most of them look every bit as disgruntled about this case as Harlan. They all settle in, leaving just one seat around the table empty, the one for the only black justice on the court, Thurgood Marshall. Marshall has recused himself from the discussion, since he was working at the Department of Justice when Ali's case was initially filed. And that means the eight men in this room now have the fate of the country's most controversial defendant in their hands. Chief Justice Warren Berger goes around the room and takes an informal vote about who wants to hear the case.

• 18:32Lindsay Graham?

  Harlan's made up his mind. He understands that many people will be angry if Ali goes to prison, but he doesn't see any legal merit in the appeal. Ali violated the law, and that's that. So he votes not to hear the case, as do most of his colleagues. But the last justice, William Brennan, votes to hear the case. In fact, Brennan pleads with the other judges and says they're making a huge mistake by dismissing it. Harlan frowns and asks Brennan why. Muhammad Ali has committed a crime, and despite being a celebrity, he has to face consequences.

• 19:06Lindsay Graham?

  Brennan shakes his head firmly. He says Harlan is missing the point. If they don't hear the case, the public will be furious. They need to at least give Ali his day in court. Otherwise, the public will misunderstand what happened. It will look like Ali got convicted for political purposes. But Chief Justice Berger cuts in, saying that taking the case has political risks, too. They'll be directing a lot of unnecessary anger toward themselves if they uphold the conviction. Brennan admits that's true. But it will also undermine the credibility of the Supreme Court to stay on the sidelines. The Vietnam War and civil rights are two of the biggest issues facing the nation, and the court will look cowardly if it doesn't weigh in on this high-profile case involving both.

• 19:50Lindsay Graham?

  Harlan closes his eyes and sighs, knowing in his heart that Brennan is right. They have to at least listen. And when Justice Berger asks his colleagues to give their official vote on whether they will hear the case, the majority vote yes. The justices will give the case a fair hearing, but Harlan doubts they'll overturn it. In taking this case, they're almost certainly going to be responsible for sending the most popular athlete in the world to prison.

• 20:21Speaker 04

  Ghosts aren't real. At least, that's what journalist Tristan Redmond always believed. Sure, odd things happen in his childhood bedroom, but ultimately, he shrugged them off. Until he discovered that he wasn't alone, that everyone who lived there after him also had bizarre experiences they couldn't explain. And it gets even weirder. It just so happens that his wife's great-grandmother was murdered in the house next door. Is this ghost somehow connected to her murder? He decides to go where no son-in-law should, digging up a cold case and asking questions that nobody wants answered. Like, could his wife's great-grandfather have gotten away with the perfect crime? This is a podcast about family secrets, overwhelming coincidence, and the things

• 21:05Speaker 04

  that come back to haunt us. For the best bingeable series like Ghost Story, listen to the Audible True Crime Podcast wherever you get your podcasts. Audible subscribers can get all episodes early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts.

• 21:21Lindsay Graham?

  In the summer of 1881, US Army Lieutenant Adolphus Greeley and 24 other men embarked on an ambitious scientific mission to the northernmost reaches of the Arctic. But despite several triumphs of discovery, the men would soon face tragedy. Hi, I'm Lindsay Graham, the host of the podcast American History Tellers. We take you to the events, times, and people that shaped America and Americans, our values, our struggles, and our dreams. In our latest series, after Adolphus Greeley and his men arrive at their destination more than 1,000 miles above the Arctic Circle, they get to work collecting scientific data and exploring the frigid landscape. But when resupply ships fail to reach them two summers in a row, they're forced to set

• 22:03Lindsay Graham?

  out on a desperate search for rescue, and not all of them will make it home. Follow American History Tellers wherever you get your podcasts. Audible subscribers can binge all episodes of American History Tellers: Greeley Arctic Expedition early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts.

• 22:33Lindsay Graham?

  When the Supreme Court agrees to hear Muhammad Ali's case in early 1971, the boxer and his defense team are thrilled. But they also realize that this is their last chance to keep Ali from going to prison. So while his lawyers prepare their case, Ali begins training for his return to boxing. He schedules a heavyweight title bout with the current reigning champ, Joe Frazier. And because he hasn't boxed for more than three years, Ali also schedules two two-note fights. Ali wins the first in just three rounds, but he struggles through the second. The fight goes 15 rounds and leaves him battered. People around Ali are worried that he's too old and rusty to fight Frazier, and Ali's wife, Belinda, is especially anxious.

• 23:18Lindsay Graham?

  She knows that in private, her husband seems unfocused. He's also been insulting Frazier in the press, calling him an Uncle Tom and the white man's champion. Frazier takes these slights personally. So when he enters the ring for the so-called "fight of the century" on March 8, 1971, Frazier is visibly angry. And although Las Vegas bookmakers have listed Ali as a 7-5 favorite, Frazier pounds him into submission and wins a unanimous decision. It's the first loss of Ali's professional career. And with the Supreme Court scheduling Ali's case for April 19, 1971, he might soon face another loss. Arguing against Ali will be the new Solicitor General of the United States,

• 24:03Lindsay Graham?

  Erwin Griswold. He's the former dean of Harvard Law School and a formidable legal mind. On the other side will be Ali's lawyer, Chauncey Eskridge. And facing a conservative court with Thurgood Marshall, the sole black justice recused from the case, Eskridge knows he'll have to make an airtight argument to win his client's freedom. And although Eskridge has argued hundreds of cases in his career, he's never had one with this level of attention. The courtroom is jam-packed with dozens of reporters. And then, at 10 a.m. sharp, the eight justices enter. Eskridge rises, then sits along with everyone else. Chief Justice Warren Burger announces the case for the record, then motions for Solicitor General Erwin Griswold to start.

• 24:48Lindsay Graham?

  Eskridge watches Griswold approach a lectern in front of the high bench of the justices. He has 30 minutes to make his case, although because the justices often interrupt to ask questions, they usually don't get the full time to speak. Griswold begins by arguing that Ali is a Muslim, and Muslims in general do not oppose all wars any more than Christians do. Justice Potter Stewart interrupts to point out it's not the overall stance of a religion that matters, but what an individual believes. Stewart then asks Griswold whether he thinks Ali is sincere in his religious and moral opposition to war. Griswold says yes, he believes Ali is sincere. And Stewart says, “That’s interesting, because the original Department of Justice

• 25:30Lindsay Graham?

  letter to the draft board in Kentucky declared Ali was not sincere.” Griswold concedes that they were mistaken in this, but he argues that’s not the point. Ali has clearly stated that he would fight in a so-called “holy war” if directed to by spiritual leaders. Ali has also said that he doesn’t want to fight in Vietnam because he considers it a white man’s war, a political objection, and that is not a valid excuse to dodge the draft in the eyes of the law. After half an hour of debate, a red light bulb flashes on the lectern, indicating that Griswold’s time has ended. He thanks the judges and then sits down. Eskridge then takes a deep breath and rises. He has several points to make.

• 26:13Lindsay Graham?

  He begins by recapping his client’s objections to war. He also notes how the Department of Justice ignored the original recommendation of a judge who stated that Ali should have gotten a deferral for the draft. But one of the conservative justices interrupts Eskridge. “Like the Solicitor General, he maintains that Ali is picking and choosing his wars, dividing them into holy wars and non-holy ones. He says that’s illogical. Conscientious objectors cannot pick and choose.” But Eskridge tells him he’s wrong. He notes that Ali has made this point himself in court before. People are misunderstanding the term “holy war.” When Ali talks about fighting one, he’s not talking about the Crusades. He’s talking about something like a Battle of Armageddon, a spiritual fight between

• 26:58Lindsay Graham?

  good and evil. But the conservative justice seems skeptical, so Eskridge moves on to his next point, about the racial composition of Kentucky’s draft boards. These arguments keep getting interrupted as well, and before Eskridge knows it, the red light on the lectern flashes, ending his time. Eskridge thanks the justices and sits back down. He begins calmly packing his briefcase, trying not to look frustrated that he didn’t get to finish his arguments. And based on the questions he received, he senses that the justices are determined to uphold Ali’s conviction.

• 27:35Lindsay Graham?

  Just as Eskridge feared, the Supreme Court is not impressed with his case. One justice, who has a habit of grading lawyers' performances, gives Eskridge a C. And when the justices hold their private vote, the conservative majority of the court votes 5 to 3 to uphold Ali's conviction. As soon as they publish a decision, Ali will go to prison. But before that can happen, the justices in the majority will need to give their opinion in writing. Chief Justice Warren Berger assigns the task to Justice John Marshall Harlan. And per tradition, Harlan assigns one of his clerks, a 26-year-old named Tom Krattonmaker, to write the first draft. Harlan expects the draft to offer a fairly straightforward explanation of the facts

• 28:18Lindsay Graham?

  and the justices' reasons for denying Ali's claim. But when Krattonmaker knocks on Harlan's door one day in mid-May, Harlan is surprised to see that the young man's face is creased with worry.

• 28:33Lindsay Graham?

  Harlan gestures toward a chair across from his desk, and Krattonmaker sits, holding a sheaf of papers in one hand and cradling two books in the other.

• 28:41Speaker 01

  Hi, Tom. Is that the draft of the Ali decision you have there? Yes, sir. Excellent. Let me take a look.

• 28:48Lindsay Graham?

  But as Harlan reaches for the papers, Krattonmaker pulls them back.

• 28:52Speaker 01

  I have to warn you, sir. You won't like what I've written. Why is that? Because, well, I argue that we should vacate Ali's sentence. Excuse me? We voted 5-3 to uphold it. Why would you argue otherwise?

• 29:08Lindsay Graham?

  Krattonmaker holds out the books he's brought: The Autobiography of Malcolm X and a book by Elijah Muhammad called Message to the Black Man in America.

• 29:17Speaker 01

  I've been doing some additional research. I read these books over the past few weeks, and with all due respect, sir, I think the court is wrong. Wrong about what specifically? About the Nation of Islam's stance on wars. Ali has said he would fight in a holy war, but if you read what the Nation of Islam means by that, they're talking about something fantastical. They mean an apocalypse where people are fighting... Devils and demons, these aren't actual wars. Most of the justices seem to miss that, but it changes everything. Ali's lawyer made that argument as well, but it's semantics. I don't think so, sir, according to these books. To me, they seem quite clear on this point.

• 30:01Speaker 01

  Do you really think it's a good idea to defy a majority opinion of the Supreme Court? Sir, I realize I'm risking a lot here. I don't want to ruin my career, but I truly feel that you're making a mistake. Please look through these books tonight. If you think I'm wrong, I'll tear this opinion up and start fresh on a new one. But please, just read them.

• 30:24Lindsay Graham?

  Harland purses his lips in anger, then he sighs.

• 30:27Speaker 01

  You feel that strongly about it? I do, sir. Well, I suppose I should take a look. But I will be very disappointed if I don't come to the same conclusion. I understand. Thank you, sir.

• 30:43Lindsay Graham?

  As Krattonmaker leaves, shutting the door behind him, Harland thumps the books down on his desk annoyed. He wanted to get some rest tonight, not give himself a headache with reading, especially since he doubts he's going to find anything enlightening in the process. But as a Supreme Court justice, he knows he should do everything he can to be fair to a defendant. And at that point, he can uphold the conviction with a clear conscience and finally put this mess behind him.

• 31:12Speaker 05

  I'm Gemma Whelan, and in the new season of The Spy Who, we tell the story of the original femme fatale, the spy who was Mata Hari. A famous dancer turned World War I secret agent accused of seducing Allied officers to uncover their plans. But was she a temptress or a scapegoat for French failures? Follow The Spy Who now, wherever you listen to podcasts. You can also listen to the full season of The Spy Who Was Mata Hari, early and ad free on Audible.

• 31:42Speaker 04

  Journalist Tristan Redmond goes where no son-in-law should ever go. Deep into his wife's family history, digging up the cold case of who murdered her great-grandmother. Because, I should mention, he thinks the murderer might actually be the beloved family patriarch. For the best binge-watch series like Ghost Story, listen to the Audible True Crime Podcast wherever you get your podcasts.

• 32:13Lindsay Graham?

  In May 1971, the case of Muhammad Ali is hanging by a thread. After Justice Marshall Harlan receives an unexpected piece of advice from one of his law clerks, he realizes that he has indeed completely misunderstood the Nation of Islam. For years, Harlan has been hearing news reports about militant members of the sect, but according to these texts, the religion is clearly against violence. His clerk is also right about the holy wars that Ali claimed he'd fight in. Those wars are no more realistic or likely than the battles in the Book of Revelation. So the morning after Harlan received his clerk's opinion, he seeks him out to apologize and explain that he's changing his vote to vacate Ali's conviction.

• 32:55Lindsay Graham?

  Harlan urges the clerk to keep this change secret, spends the next few weeks revising the draft opinion. But once he finishes and circulates the decision to the other justices, not many of his colleagues are happy to see it. Chief Justice Warren Berger explodes when he reads that Harlan quoted passages from the Nation of Islam texts to support his decision and claims the draft is essentially propaganda. Harlan stands firm, though, but it's not enough to help Ali. Even after Harlan's switch, the vote is tied four to four, which means that the lower court ruling stands, and Ali is still going to prison. So Harlan and the other judges who voted to vacate begin lobbying those who voted against Ali, urging them to change their mind.

• 33:39Lindsay Graham?

  But the other four won't budge, and it seems a stalemate is likely. Harlan realizes that time is running out. The Supreme Court has to release its opinions by June 30, which is only weeks away. But one afternoon in early June, Justice Potter Stewart pays Harlan a visit in his office. The 56-year-old Stewart is a moderate justice, a swing vote on the court who's known for consensus-building. And while he was initially skeptical of Ali's arguments, he ultimately came down on the boxer's side and voted to vacate his conviction. So ever since Harlan changed his vote, Stewart has been working with him to try and sway the rest of their colleagues. A few of the justices who voted to uphold the conviction do seem sympathetic to Ali,

• 34:22Lindsay Graham?

  but they worry that voting in his favor would give every young black man in America the impression that joining the Nation of Islam will automatically get them out of military service. As a result, these other justices refuse to alter their vote. But Stewart has started to think that there might be another solution, and he's eager to share the idea with Harlan. Stewart knocks gently on Harlan's open office door and finds Harlan lying on a couch, fast asleep. His older colleague has been enduring another round of chemotherapy, and he hates the idea of waking him, but he knows Harlan will want to hear his new idea. So Stewart gently clears his throat, and Harlan sits up.

• 35:04Lindsay Graham?

  Then Stewart pulls a chair next to the couch and sets down his briefcase.

• 35:08Speaker 01

  Are you up to talking, John? I can come back. No, I'm fine. Come sit. I want to talk about our strategy on the Ali case. I've been thinking, even if we convince someone else to change their vote, what will happen after we overturn the ruling? We would essentially be giving thousands of young men a chance to escape military service by joining the Nation of Islam. That's what the others have been arguing. Have they gotten to you? You're not changing your vote, are you? No, but they're not wrong. If we overturn, it'll be chaos. We'll upset the Pentagon, and we'll fundamentally undermine the very nature of the draft. All young men would have to do is join some religion that professes peace, and they're out of serving.

• 35:53Speaker 01

  Vietnam might be a mistake, but who's to say whether we'll see another war that's worth fighting? I see your point, but what else do we do? We can't send Ali to jail just to preserve some future theoretical draft. That's why I'm suggesting something else. If you recall, the Solicitor General admitted a mistake during oral arguments. Back in 67, the Justice Department wrote a letter saying that Ali was not sincere in his religious beliefs, that he was faking them to dodge the draft. And the draft board used that letter to deny Ali a deferral. Right. But then, during oral arguments, the Solicitor General admitted that Ali was sincere,

• 36:38Speaker 01

  that he really does believe in the Nation of Islam and its tenets of nonviolence. Okay, but how does that help us? The Solicitor General is admitting that the government provided misleading information to the draft board, and the draft board used that misleading information against Ali.

• 36:56Lindsay Graham?

  Harland's face lights up.

• 36:58Speaker 01

  You're right. That means the draft board's ruling against Ali is invalid, which would make him a conscientious objector and invalidate the criminal trial, too. If he's truly a conscientious objector, he can't have broken that law. Exactly. And the beautiful part is, we can rule narrowly and help Ali based on the specifics of his case, but not set a precedent for the country at large. Do you think the other justices will go for this? I don't know, but I feel a lot more confident that they'll consider this approach over gutting the draft completely. Well, let's try it. Excellent work.

• 37:39Lindsay Graham?

  Harland hops up from the couch, and as they shake hands, Stewart breaks out into a rare grin. For the first time in weeks, Harland looks energized, and it seems like they've landed on a perfect strategy to not only keep one of the most famous men in the country out of jail, but preserve the reputation of the Supreme Court. Justice Potter Stewart's instincts prove right. Three of the justices who voted to uphold Ali's conviction agreed to vacate it on the narrow grounds that the Department of Justice provided misleading information to the draft board. They're thrilled to avoid both a public outcry and the ire of the US military. The lone holdout is Chief Justice Warren Berger,

• 38:22Lindsay Graham?

  who still considers the Nation of Islam dangerous and thinks Ali should face punishment for dodging the draft. But in the end, Berger fears that the public will paint him as a racist for not supporting a hero in the black community, so he changes his vote as well. But even as the justices prepare to officially announce their ruling, Muhammad Ali is waiting in limbo, unsure if he's about to be cleared or if he's going to prison. He's in Chicago, training for his next fight, but it's been hard to stay focused. On the morning of June 28, only two days before the Supreme Court's deadline, Ali parks his green and white Lincoln Town Car near a corner breakfast shop and ducks inside. The bell on the door dings as he enters, and the owner lights up when he sees Ali.

• 39:07Lindsay Graham?

  He claps him on the back and calls him champ, even though he's not anymore. Ali orders a fresh squeezed orange juice and pals around with the other customers while he waits for the owner to prepare it. In some ways, Ali's life feels perfectly normal, but he knows that in a matter of days, he could find himself behind bars. So Ali tries to focus on the simple pleasures of life, like orange juice. And when it's ready, he takes a big sip and smacks his lips. It's delicious. He leaves a $5 bill, refusing change, and heads outside to his car. But before he can open the door, he hears someone yelling to him from behind. Ali turns, a bit confused, and sees the store owner in the doorway waving his arms. He yells to Ali that he just heard the news

• 39:52Lindsay Graham?

  about his case on the radio. Ali tenses up. These could be his last hours as a free man, but he notices that the owner is grinning. He then says the court let Ali off. The vote was 8 to 0. Ali nearly drops his orange juice. He never imagined the verdict would be unanimous. A prayer flashes through Ali's mind. “Thank you, Allah.” And then he lets loose a whoop of joy loud enough to wake the whole neighborhood. He darts back into the store to hear the news himself. Everyone inside applauds and whistles, and then he pulls out his wallet, announcing that today, every orange juice is on him.

• 40:34Lindsay Graham?

  Given the secrecy of the Supreme Court, Muhammad Ali did not know for years how close he came to losing his case. If it were not for Clerk Tom Kratton-Makers' pleas, Justice John Marshall Harlan's switched vote, and Justice Potter Stewart's legal loophole, Ali would have spent his last prime years as a boxer, serving a five-year prison sentence. Instead, Ali made one of the greatest comebacks in sports history. After losing to Joe Frazier in 1971, he worked his way back up the ranks and beat Frazier in 1974 to claim a shot at the heavyweight title fight. And later that year, he beat George Foreman in the legendary Rumble in the Jungle bout to become the undisputed heavyweight champion of the world once more at the age of 32.

• 41:19Lindsay Graham?

  Ali eventually lost the title, but then won it back in 1978 for an unprecedented third time. He retired in 1981 and is still considered one of the greatest boxers in history. John Marshall Harlan did not live to see any of it. He was hospitalized with cancer just two months after the Ali decision came down and retired after 16 years on the court. He died in December 1971. And Ali's case made the draft more unpopular than ever, and the military finally abolished it in 1973. The US pulled troops out of Vietnam shortly afterward, ending one of the most unpopular, divisive, and costly wars in American history. The leader of the Nation of Islam, Elijah Muhammad,

• 42:03Lindsay Graham?

  died in 1975, and his religion fractured afterward. One of his sons decided to merge the nation with mainstream Islam. Muhammad Ali converted along with them. But a splinter sect opposed the merger, led by the controversial Louis Farrakhan. Three years later, they split off and restored the name "Nation of Islam." Farrakhan remains the sect's leader today. Then in the mid 1980s, Muhammad Ali was diagnosed with Parkinson's disease, the result perhaps of too many blows to the head. He made a dramatic appearance at the 1996 Olympic Games in Atlanta and lit the torch there. President George W. Bush also awarded him the Presidential Medal of Freedom in 2005.

• 42:45Lindsay Graham?

  But other than these moments, Ali largely stayed out of the public eye later in life. He died in June 2016 at the age of 74 and received the biggest funeral for an American athlete since Babe Ruth. Historians continue to debate Ali's acquittal at the Supreme Court. Some cite it as a case of celebrity justice. Had he not been a famous athlete, the court almost certainly would have declined to hear his case and he would have gone to prison. But then again, the draft boards and courts seem to want to make an example of Ali, which they likely would not have done had he not been so famous. Either way, the case that at first made Muhammad Ali a pariah would eventually make him a hero, a symbol of standing up for one's beliefs no matter the personal cost.

• 43:30Lindsay Graham?

  Without this scandal, Muhammad Ali might have been just a boxer, but in overcoming it, he became a legend.

• 43:40Lindsay Graham?

  From Wondery, this is episode three of Muhammad Ali versus the Draft from American Scandal. In our next episode, I'll speak with sports journalist Howard Bryant about his book, The Heritage: Black Athletes, a Divided America, and the Politics of Patriotism, which examines the roles Muhammad Ali and other black athletes have played in fighting for racial justice.

• 44:04Lindsay Graham?

  American Scandal is only possible because of listeners like you, so thank you. And don't miss an episode. Be sure to follow American Scandal on Audible or wherever you get your podcasts. And Audible subscribers can binge new seasons of American Scandal early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts. And to find out more about me, including my other podcasts, my live show, the history tours I'm arranging, and all sorts of other things, go to historyishuman.com. That's historyishuman.com.

• 44:38Lindsay Graham?

  If you'd like to learn more about Ali's fight against the draft, we recommend the books Sting Like a Bee by Lee Moniff and Ali: A Life by Jonathan Icke. This episode contains reenactments and dramatized details. And while in most cases, we can't know exactly what was said, all our dramatizations are based on historical research. American Scandal is hosted, edited, and executive produced by me, Lindsay Graham, for Airship. Audio editing by Christian Paraga. Sound design by Gabriel Ghul. Music by Lindsay Graham. Voice acting by Ace Anderson. This episode is written by Sam Keen. Edited by Emma Courtland. Fact checking by Alyssa Jung Perry. Produced by John Reed. Managing producer Joe Florentino. Senior producers Andy Beckerman and Andy Herman. Development by Stephanie Jens.

• 45:20Lindsay Graham?

  Executive producers are Jenny Lauer Beckman, Marshall Louie, and Aaron O'Flaherty for Wondery.

• 45:32Speaker 06

  Hi, I'm Kenny Parris.

• 45:33Speaker 07

  And I'm Malcolm Gladwell. We're back for season two of our Audible original podcast, The Unusual Suspects.

• 45:39Speaker 06

  We'll sit down with extraordinary guests from the worlds of art, film, literature, comedy, and wellness to hear from their unexpected stories of success.

• 45:46Speaker 07

  And who do we have this season? Well, we'll talk with Grammy-winning artist Anderson Paak, athlete Rich Roll, portrait artist Amy Sherald, Oscar-winning director Ron Howard, legendary writer David Sedaris, and many more. These conversations are more intimate than last season, wouldn't you say?

• 46:02Speaker 06

  I would. Listen to season one of The Unusual Suspects wherever you get your podcasts, and sign up for a free trial Audible to listen to season two in the Audible app, or by subscribing to Apple Podcasts.