American Scandal - Muhammad Ali vs. The Draft | The Final Round | 3

Episode Date: March 4, 2025

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/wonderynewsletterListen 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.

Hi, this is Lindsey Graham, host of American Scandal. Our back catalog has moved behind a paywall. Recent episodes remain free, but older ones will require a Wondery Plus subscription. With Wondery Plus, you get access to the full American Scandal archive, ad-free, plus early access to new seasons and more. Join Wondery Plus in the Wondery app or on Apple Podcasts. podcasts. 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, including Martin Luther King Jr. and Ali's spiritual advisor 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 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. 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. 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, quote, 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, 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 whiteys might have biased the draft board against Ali. Council, 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. Ingram leans back and mulls this over.

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

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I'm Peter Frankenberg. And in our podcast legacy, we explore the lives of some of the biggest characters in history. This season, Genghis Khan. Best known for his brutal campaigns, he was accused of causing millions of deaths. But he also gave his followers religious freedom and education. So is there more to his story than violence and bloodshed? I suspect that there might be, Peter. And since violence and bloodshed is basically all I ever learned about Genghis Khan growing up,

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From Wondery, I'm Lindsey Graham, and this is American Scandal. In June 1967, Muhammad Ali was convicted of refusing to enter the U.S. 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 re-sentenced to five years in prison. 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, D.C. 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. 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 one-two combo, but before he can land another blow, he hears a shout behind him, a director yelling cut. Ali's stop-shuffling and the overhead lights come on, revealing the ring for what it really is, a set inside a television studio. 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. 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 70 one-minute rounds and according to the script, Ali will pummel Marciano and some of them and Marciano and some of them and Marciano will give it to Ali and 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 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 then 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. 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. Marziano 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 Marziano just shrugs. He shakes Ali's hand, tells him it's been an honor to stage a fake fight with him. Then 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.

And as he packs up his things to head home, he decides that in New York, he's going to reapply for his boxing license. home, he decides that in New York he's going to 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 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. 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.

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. 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?

Ali is suddenly furious. He begins pacing the stage. 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." 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 off stage. 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. 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 proved 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

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 14th, 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 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. 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 Burger goes around the room and takes an informal vote about who wants to hear the case. Arlen'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. 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. 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. I'm Indra Varma, and in the latest season of The Spy Who, we open the file on the spies who invaded suburbia. The illegals weren't just blending in. They were the embodiment of the American dream. The illegals weren't just blending in. They were the embodiment of the American dream. Nine-to-five jobs, dropping the kids off at soccer practice, and just the right amount of charm to slide into the orbits of the powerful. But behind closed doors, they were Russian operatives, meticulously crafting coded messages and feeding Moscow

everything it needed to stay one step ahead of the U.S. When a powerful mole reveals the names and locations of the undercover spies, the FBI finds itself walking a tightrope, protect its most crucial informant, whilst avoiding a catastrophic diplomatic firestorm. Follow the Spy Who on the Wondery app, or wherever you listen to podcasts.

Or you can binge the full season of The Spies Who Invaded Suburbia early and ad-free with Wondery+. Hi, I'm Lindsey Graham, host of Wondery's Business Movers. In our latest series, media mogul Ted Turner launches a 24-hour channel dedicated solely to breaking news. But CNN doesn't just shake up the television industry. It transforms journalism, politics, and culture in America forever. Listen to Business Movers, Making the News on Amazon Music or wherever you get your podcasts. 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 tune-up 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. 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 slides 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 seven-to-five 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, 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 Irwin Griswold to start. 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 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. 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 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. Based on the questions he received, he senses that the justices are determined to uphold Ali's conviction. 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 Burger assigns the task to Justice John Marshall Harlan. And per tradition, Harlan assigns one of his clerks, a 26-year-old named Tom Krattemaker, to write the first draft. Harlan expects the draft to offer a fairly straightforward explanation of the facts and the justices' reasons for denying Ali's claim. But when Krattemaker knocks on Harlan's door one day in mid-May, Arlen is surprised to see that the young man's face is creased with worry.

Arlen gestures toward a chair across from his desk and Krattenmaker sits, holding a sheaf of papers in one hand and cradling two books in the other. Hi Tom, is that the draft of the Ali decision you have there? Yes sir. Excellent, let me take a look. But as Harlan reaches for the papers, Krattenmaker pulls them back. 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? Cratmaker 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. 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. 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. Harlan purses his lips in anger, then he sighs. 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."

As Krattonmaker leaves, shutting the door behind him, Harlan 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. Being an actual royal is never about finding your happy ending. But the worst part is, if they step out of line or fall in love with the wrong person,

it changes the course of history. I'm Arisha Skidmore Williams. And I'm Brooke Ziffrin. We've been telling the stories of the rich and famous on the hit, wonder show, Even the Rich, and talking about the latest celebrity news on Rich and Daily. We're going all over the world on our new show, Even the Royals.

We'll be diving head first into the lives of the world's kings, queens, and all the wannabes in their orbit throughout history. Think succession meets the crown meets real life. We're going to pull back the gilded curtain and show how royal status might be bright and shiny, but it comes at the expense of, well, everything else, like your freedom, your privacy, and sometimes even your head.

Follow Even The Royals on the Wondery app or wherever you get your podcasts. You can listen to Even The Royals early and ad-free right now by joining Wondery+. 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. Harlan urges the clerk to keep this change secret and 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 Burger explodes when he reads that Harlan quoted passages from the Nation of Islam text 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 4-4, which means that the lower court ruling stands and Ali is tied 4 to 4, 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.

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 30th, 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, Stuart 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, 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 Stuart has started to think that there

might be another solution, and he's eager to share the idea with Harlan. Stuart 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 Stuart gently clears his throat and Harlan sits up. Then Stuart pulls a chair next to the couch and sets down his briefcase. 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. 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, 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. Arlen's face lights up. 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 overgutting

the draft completely. Well, let's try it. Excellent work. Harlan hops up from the couch, and as they shake hands, Stuart breaks out into a rare grin. For the first time in weeks, Harlan 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 U.S. military. The lone holdout is Chief Justice Warren Burger, 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 28th, 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. 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 five dollar 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 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. 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 Crattenmaker's 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. 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 U.S. 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, 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. 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 seemed 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. Without this scandal, Muhammad Ali might have been just a boxer, but in overcoming it, he became a legend. From Wondery, this is episode three of Muhammad Ali vs. 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. If you're enjoying American Scandal, you can unlock exclusive seasons on Wondery+. Binge new seasons first and listen completely ad-free when you join Wondery+, Apple Podcasts, or Spotify. And before you go, tell us about yourself by filling out a survey at Wondery.com slash survey. If you'd like to learn more about Ali's fight against the Draft, we recommend the books Sting Like a Bee by Lee Montfort and Ali, a Life by Jonathan Eyng. 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, Lindsey Graham, for Airship.

Audio editing by Christian Peraga. Sound design by Gabriel Gould. Music by Lindsey Graham. Voice acting by Ace Anderson. This episode is written by Sam Keen. Edited by Emma Cortland. 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. Executive producers are Jenny Lauer Beckman, Marshall Louie and Erin O'Flaherty for Wondering.