Nixon White House Tapes › Tape 9 › Conversation 009-095

Nixon phone call with Mitchell on John Marshall Harlan and Warren E. Burger

Monday, September 20, 1971 · 12:45 PM–12:46 PM ET · White House Telephone · 1 min

ParticipantsNixon, Richard M. (President); Mitchell, John N.Conversation009-095 on Tape 9 (tape position 02:31:25–02:32:26)StartMonday, September 20, 1971 at 12:45 PMEndMonday, September 20, 1971 at 12:46 PMRecording deviceWhite House TelephoneSourceNixon Library record for 009-095 ↗

Attorney General John Mitchell updates President Nixon on the health status of Supreme Court Justice John Marshall Harlan, who is currently undergoing medical tests. Mitchell reports that Chief Justice Warren Burger is coordinating the situation and intends to handle the matter with discretion to prevent premature leaks regarding Harlan’s potential departure. Nixon instructs Mitchell to ensure Burger manages the timing carefully, prioritizing both political sensitivity and speed.

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Attorney General.
Mr. President, I talked to Warren, and he tells me that Harlan's going through some tests and he won't be able to see him until later this afternoon.
Right.
Probably quite late.
He will move the matter as fast as he can do in a polite way when he sees him then.
Right.
and i see he says it's uh certain oh yes we'll be coming as just a question of how politely i think it's uh i think it's much the best john to do it i mean not to let anything build you know nurses and everything else will talk out there and it'll get all over town and i'd uh i'd rather not uh
So don't push him, but as soon as he's ready, he should do it.
No, Warren will take care of it and understands it.
Good.
So we'll get it as soon as he can politically do so.
Good.
Fine, John.
Right, sir.
Fine.
Bye.

On September 20, 1971, President Richard M. Nixon and John N. Mitchell talked on the telephone from 12:45 pm to 12:46 pm. The White House Telephone taping system captured this recording, which is known as Conversation 009-095 of the White House Tapes.

Conversation No. 9-95

Date: September 20, 1971
Time: 12:45 pm - 12:46 pm
Location: White House Telephone

John N. Mitchell talked with the President.

[See Conversation No. 577-3A]

     John M. Harlan
          -Mitchell's conversation with Warren E. Burger
          -Tests
                -Time
                -Burger's conversation with Harlan
          -Announcement
                -Burger
  • 009-094 12:00 PM · 7 sec — President Richard M. Nixon and the White House operator talked on the telephone at an unknown time between 12:00 pm and 12:45 pm.
  • 576-012 12:01 PM · 39 sec — President Richard M. Nixon and Stephen B. Bull met in the Oval Office of the White House at an unknown time between 12:01 pm and 12:10 pm.
  • 576-013 12:10 PM · 17 min — President Richard M. Nixon, Phyllis A. George, Laurie Lee Schaefer, Dorothy Chevager, Stephen B. Bull, Oliver F. ("Ollie") Atkins, and Ronald L. Ziegler met in the Oval Office of the White House from 12:10 pm to 12:24 pm.
  • 576-014 12:24 PM · 17 sec — President Richard M. Nixon and Stephen B. Bull met in the Oval Office of the White House from 12:24 pm to 12:25 pm.
  • 576-015 12:25 PM · 53 sec — President Richard M. Nixon, Ronald G. S. Au, Andre LeTendre, George T. Bell, and White House photographer met in the Oval Office of the White House at an unknown time between 12:25 pm and 12:44 pm.
  • 577-001 12:25 PM · 18 min — President Richard M. Nixon, Ronald G. S. Au, Andre LeTendre, George T. Bell, and White House photographer met in the Oval Office of the White House at an unknown time between 12:25 pm and 12:44 pm.
  • 577-002 12:44 PM · 1 min — President Richard M. Nixon and Stephen B. Bull met in the Oval Office of the White House from 12:44 pm to 12:45 pm.
  • 577-003 12:45 PM · 58 min — President Richard M. Nixon, John N. Mitchell, Arthur F. Burns, and Manolo Sanchez met in the Oval Office of the White House from 12:45 pm to 1:30 pm.

Conversation 009-095, September 20, 1971. White House Tapes, Richard Nixon Presidential Library and Museum, National Archives. Audio and AI transcript via Easy Nixon, https://www.easynixon.org/tapes/009-095 (accessed October 12, 2026).