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Conversation 005-068

TapeTape 5StartMonday, June 14, 1971 at 7:13 PMEndMonday, June 14, 1971 at 7:15 PMTape start time02:16:47Tape end time02:19:15ParticipantsNixon, Richard M. (President);  Ehrlichman, John D.Recording deviceWhite House Telephone
AI Summary

President Nixon and John Ehrlichman discuss the administration's potential legal response to The New York Times' publication of the Pentagon Papers. Attorney General John Mitchell seeks authorization to serve notice to the newspaper to prevent the waiver of future prosecution rights, though Nixon expresses a stronger preference for identifying and prosecuting the source of the leak. Ultimately, the President agrees to speak directly with Mitchell to evaluate the political ramifications and determine the administration's legal strategy.

Pentagon PapersThe New York TimesEspionageExecutive PrivilegeLegal ProsecutionLeaks
AudioNARA Description

On June 14, 1971, President Richard M. Nixon and John D. Ehrlichman talked on the telephone from 7:13 pm to 7:15 pm. The White House Telephone taping system captured this recording, which is known as Conversation 005-068 of the White House Tapes.

Nixon Library Finding Aid
Conversation No. 5-68

Date: June 14, 1971
Time: 7:13 pm - 7:15 pm
Location: White House Telephone

John D. Ehrlichman talked with the President.

[See Conversation No. 258-7]

     New York Times and Pentagon Papers
         -Possible legal action by administration
               -John N. Mitchell's calls to Ehrlichman
               -Notice to New York Times
                     -Effect on Congressional action
         -Possible prosecution of source for classified documents
         -Possible legal action by government against New York Times
               -Notice to Times
               -Congressional reaction
Transcript (AI-Generated)

This transcript was generated automatically by AI and has not been reviewed for accuracy. Do not cite this transcript as authoritative. Consult the Finding Aid above for verified information.

Hello.
It's Mr. Ehrlichman calling you, sir.
Yeah, okay.
Hello.
Mr. President, the Attorney General's called a couple times about these New York Times stories, and he's advised by his people that unless he puts the Times on notice, he's probably going to waive any right of prosecution against the newspaper.
And he is calling now to see if you would approve his putting them on notice before their first edition for tomorrow comes out.
I realize there are negatives to this in terms of the vote on the Hill.
You mean to prosecute the Times?
Right.
Hell, I wouldn't prosecute the Times.
My view is to prosecute the goddamn pricks that gave it to him.
Yeah, if you can find out who that is.
Yeah, I know.
I mean, could the Times be prosecuted?
Apparently so.
Wait a minute, wait a minute.
On the other hand, they're going to run another story tomorrow.
Right.
Why didn't you just wait until after that one?
Well, his point is that he feels he has to give them some sort of advance notice, and then if they go ahead...
in disregard, why then there's no danger of waiver.
But if he doesn't give them notice, then it's almost like entrapment.
We sit here and let them go ahead on a course of conduct and don't raise any objection.
Well, could he wait one more day?
They have one more day after that.
I don't know.
I don't know.
He apparently feels under some pressure to either decide to do it or not do it.
Does he have a judgment of himself as to whether he wants to or not?
Yeah, I think he wants to.
You might want to give him a call and talk with him about it directly.
I'm not very well posted on this whole thing.
How do you feel about it?
Well, I'd kind of like to have a cause of action against him in the SOC in case we needed it.
I'd hate to waive something as good as that.
But I don't know what the ramifications would be in terms of the hill.
Oh, hell.
It isn't going to affect the vote, in my opinion.
Would you want to take a call from him?
Oh, yeah.
I'll call him.
Good.
Okay.
Thank you.
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