Transcript
Lindsey Graham (0:00)
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, 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.
Narrator (0:19)
Or on Apple podcasts. It's early November 1966 in Washington, D.C. attorney Oscar Smith sits in his office in the Department of Justice reading interview transcripts to prepare for an upcoming case. Smith is in charge of reviewing applications for draft deferment. It's his job to determine whether applicants claiming to be conscientious objectors are sincere in their beliefs or if they're just lying to get out of military service. Today he's assessing the most controversial case that's ever crossed his desk, one involving heavyweight boxing champion Cassius Clay, or as he's now known, Muhammad Ali. Ali is claiming that he's a minister of the Nation of Islam, a religion that does not believe in war, and therefore he must be excused for military Service under the 4D exemption for all religious ministers. Ali's claim has already been rejected once by the draft board in his hometown of Louisville, Kentucky. But Ali's lawyer appealed the case to a state draft board, which triggered a weeks long investigation by the FBI and a formal hearing. Ali and his lawyers, along with several witnesses, went before a judge to testify about his beliefs, and in the end, the judge ruled he was in fact sincere and should not be drafted. But now the task of making a final determination comes down to Smith, and today's the day he has to decide. Smith hears a knock at his office door, sees a colleague poke his head in.
Oscar Smith (2:06)
Hi, Oscar. Just wanted to see how you're doing with this Clay case. Are you ready to make a recommendation? Not really.
Colleague (2:13)
But come in and sit down.
Oscar Smith (2:15)
Help me talk through this thing one last time. I'm surprised you're still on the fence. I was just reading the report from the judge and he doesn't leave much room for doubt. As far as he's concerned, Clay or Ali, I guess, is sincere. I know, I know. But there's just something about this case that feels fishy to me. Ali never mentioned that he was a conscientious objector until after.
Colleague (2:39)
After he faced the threat of being drafted.
Oscar Smith (2:41)
Now all of a sudden he's a minister? Seems odd, but he addressed that. He said the Nation of Islam is controversial and it would have cost him and his promoters a lot of money before the Sonny Liston fight. So money trumps his religious beliefs. I understand your hesitation, but the Nation of Islam does oppose war. Elijah Muhammad spent four years in prison during World War II for resisting the draft. That seems pretty sincere to me. But look at what Elijah Muhammad actually says. The Nation of Islam members cannot serve in the military of the United States. But he says they could serve in a holy war to defend Islam. That means they're not true conscientious objectors. You can't just oppose particular wars. You have to be against all war. Okay, but every witness for Ali said that he does oppose war. Three dozen people. Sure, his friends and family members. They're biased in his favor, but they're not all on good terms with him. Ali's parents said they hate the Nation of Islam, and since he changed his name they've barely spoken to him. But that doesn't mean they want him to go to war. Plus, I keep coming back to the fact that Ali has told reporters over and over again that he considers Vietnam a white man's war. It seems to me his objection is political, not religious. And the law is clear. You cannot dodge the draft for political reasons. That's a fair point. But do you really want to contradict the judge's recommendation? It's non binding, so I don't see why not. We've overruled judges in cases like this before. We've never had a case like this. Oscar, we're talking about one of the most famous athletes in the world here. If we go against the judge's recommendation and deny his deferment, people are going to get angered.
