Nixon White House Tapes › Tape 9 › Conversation 009-063
Nixon phone call with Burger on Supreme Court and Hugo L. Black
Friday, September 17, 1971 · 4:28 PM–4:32 PM ET · White House Telephone · 4 min
AI Summary
President Nixon and Chief Justice Warren E. Burger discuss the impending retirement of Supreme Court Justices Hugo L. Black and John M. Harlan due to their declining health. Nixon decides to send handwritten notes to both justices rather than organize formal events, acknowledging their inability to receive visitors. Additionally, the two touch upon the potential political fallout of the resignations and review Burger’s recent diplomatic travel to Yugoslavia and England, with Nixon encouraging further foreign engagement to foster international relations.
- Supreme Court
- Hugo L. Black
- John M. Harlan
- Judicial Resignations
- Diplomacy
- Warren E. Burger
Audio
Transcript (AI-generated)
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I have the Chief Justice for you, sir.
There you are.
Hello.
Hello, Mr. President.
Hi, Gordon.
How are you?
Fine.
I understand the letter is here and therefore it will be out.
Let me ask you on a personal basis that I don't know quite how to handle this as to whether you think that perhaps that we ought to consider giving a dinner for him or something like that.
What's your feeling?
It's going to be quite a while before he could be present.
He's a very sick man, Mr. President.
I didn't know that.
Where is he?
In the hospital?
He's in the Naval Hospital.
I suggested to John yesterday, and he probably hasn't got the message.
I've been a leader with legislative leaders today.
Just a note in general.
This was before this had crystallized.
This letter was actually written about three weeks ago, and it's been waiting for a date.
Does he take visitors?
No.
No visitors?
I haven't been able to see him for ten days.
Well, then better, my goodness, and I'll drop a little handwritten note to him.
I think that would be nice.
Now, you know John Harlan has been in now for five weeks.
I've heard that, but I just assumed that was the eye trouble again.
Well, no, no, it's something much more serious.
Oh, God.
Much more serious.
It's too bad.
He has moved out of the Naval Hospital yesterday and moved to George Washington.
just in frustration, his own frustration, although he's the most uncomplaining man I think I've ever known in my life.
He's had more grief and problems than one man should bear.
I've told John Mitchell, my own judgment is that John will not be back here.
Yeah.
Now, he can...
I'll write a note to him.
Yes, I think that would be nice.
But as far as black, a note is the thing to do, huh?
Yes, I think so.
That he can get that okay.
It would be that the Naval Hospital and John Harlan is at George Washington.
Sure, sure.
I'll just have it personally delivered, so they'll find out.
All right, fine.
Fine, fine.
I told John when I talked to him yesterday and again this morning that my judgment about the announcement thing was the longer you could...
right within your own bosom, the more you keep your options open.
Yeah.
There'll be rumors, of course.
You can't avoid it.
Oh, you mean the announcement with regard to the retirement?
Yeah.
I think it's going to be...
It's almost inevitable.
It's already over.
It's already been asked in the press corps today.
You know, they apparently got...
They must be something on to the thing.
Well, they'll be speculating every day.
Yeah.
Yeah.
And it's...
Let me say that on the successor thing, and just as we had on the other basis, that I will want to have a talk with you at the proper time.
I'll be available.
Fine.
Good.
And how are you feeling?
Well, I'm fine.
How's your back?
My back's been fine.
I haven't had any trouble.
I have been back from the European...
I know you were in Yugoslavia, yeah.
Yes, in Yugoslavia and in England.
And I must say, sometime when we have a minute, the Yugoslav thing was...
much more important than i thought it was going to be they were quite warm when i came when i left the two chief justices of their two supreme courts the minister of justice the attorney general and a whole covey of others came to the airport at eight o'clock in the morning to see me off isn't that great the warmest you know well we'll get together i want i'd like to have a talk with you about it it'd be very interesting and this was a
most wonderful reception that i got the more you can make these trips of course i know you can't but when the court is out the better it's good for the country so i hope you will look with favor on such invitations i certainly am going to do it i've got one up so far scheduled for next year but the more we do it to the the the border countries that is oh eastern europe
Yeah.
These fellows just gave me a wonderful response.
Oh, yeah.
And it's a window to freedom for them, too, and to justice.
Okay.
All right.
Fine, Mr. President.
Thank you.
NARA Description
On September 17, 1971, President Richard M. Nixon and Warren E. Burger talked on the telephone from 4:28 pm to 4:32 pm. The White House Telephone taping system captured this recording, which is known as Conversation 009-063 of the White House Tapes.
Nixon Library Finding Aid
Conversation No. 9-63
Date: September 17, 1971
Time: 4:28 pm - 4:32 pm
Location: White House Telephone
The President talked with Warren E. Burger.
[See Conversation No. 575-4B]
Letter of resignation from Hugo L. Black
Black
-Dinner
-Health
-Letter
-John D. Ehrlichman
-Note
John M. Harlan
-Health
-John N. Mitchell
-Note
-Black and Harlan notes
Burger's conversation with Mitchell
-Black’s retirement announcement
-Press speculation
-The President's talk with Burger
Burger
-Health
Burger's official travel
-Yugoslavia
-England
-Meeting with the President
-Yugoslavia
-Chief Justices
-Meeting with the President
-Eastern Europe
-EffectAlso recorded on September 17, 1971
- 076-001 2:30 PM — President Richard M. Nixon and bipartisan Congressional leaders, including John G. Tower, Wallace F. Bennett, William Proxmire, Allen J. Ellender, Milton R. Young, John J. Sparkman, Norris Cotton, Harrison A. Williams, Jr., Jacob K. Javits, Herman E. Talmadge, Jack R. Miller, Robert C. Byrd, Hugh Scott, Michael J. ("Mike") Mansfield, Wright Patman, George H. Mahon, Frank T. Bow, William L. Springer, Albert H. Quie, William R. Poage, Page Belcher, [Thomas] Hale Boggs, Gerald R. Ford, Carl B. Albert, George P. Shultz, Herbert Stein, Charls E. Walker, Clark MacGregor, William E. Timmons, and John B. Connally [?], met in the Cabinet Room of the White House at an unknown time between 2:30 pm and 4:24 pm.
- 575-003 2:32 PM · 5 min — President Richard M. Nixon, Manolo Sanchez, Stephen B. Bull, and George P. Shultz met in the Oval Office of the White House at an unknown time between 2:32 pm and 2:37 pm.
- 076-002 4:24 PM — unknown person(s) met in the Cabinet Room of the White House at an unknown time between 4:24 pm and 4:26 pm.
- 575-004 4:24 PM · 9 min — President Richard M. Nixon, Ronald L. Ziegler, Alexander P. Butterfield, White House operator, Warren E. Burger, and Stephen B. Bull met in the Oval Office of the White House from 4:24 pm to 4:33 pm.
- 009-064 4:32 PM · 6 sec — President Richard M. Nixon and the White House operator talked on the telephone at an unknown time between 4:32 pm and 7:48 pm.
- 575-005 4:34 PM · 7 min — President Richard M. Nixon, Robert T. Stafford, Helen C. Stafford, Neil Houston, William E. Timmons, and Charles W. Colson met in the Oval Office of the White House from 4:34 pm to 4:41 pm.
- 575-006 4:41 PM · 1 min — President Richard M. Nixon and Stephen B. Bull met in the Oval Office of the White House at an unknown time between 4:41 pm and 4:43 pm.
- 575-007 4:43 PM · 1 hr 39 min — President Richard M. Nixon, H. R. ("Bob") Haldeman, Stephen B. Bull, John D. Ehrlichman, Manolo Sanchez, Henry A. Kissinger, Alexander P. Butterfield, Ronald L. Ziegler, and Eugene V. Risher met in the Oval Office of the White House from 4:43 pm to 6:24 pm.
Cite this conversation
Conversation 009-063, September 17, 1971. White House Tapes, Richard Nixon Presidential Library and Museum, National Archives. Audio and AI transcript via Easy Nixon, https://www.easynixon.org/tapes/009-063 (accessed October 12, 2026).