Nixon White House Tapes › Tape 10 › Conversation 010-049

Nixon phone call with Poff on Supreme Court and Judicial Appointments

Tuesday, October 5, 1971 · 5:29 PM–5:33 PM ET · White House Telephone · 4 min

ParticipantsNixon, Richard M. (President); Poff, Richard H.Conversation010-049 on Tape 10 (tape position 01:32:51–01:37:17)StartTuesday, October 5, 1971 at 5:29 PMEndTuesday, October 5, 1971 at 5:33 PMRecording deviceWhite House TelephoneSourceNixon Library record for 010-049 ↗

AI Summary

President Nixon speaks with Representative Richard H. Poff to discuss Poff’s decision to decline a nomination to the Supreme Court. Nixon expresses support for Poff’s withdrawal, acknowledging that a difficult confirmation process could have hindered his legislative initiatives, including foreign policy with China and his economic agenda. The President reaffirms his intent to appoint conservative justices in the mold of Warren Burger and Harry Blackmun to the Court.

Audio

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NARA Description

On October 5, 1971, President Richard M. Nixon and Richard H. Poff talked on the telephone from 5:29 pm to 5:33 pm. The White House Telephone taping system captured this recording, which is known as Conversation 010-049 of the White House Tapes.

Nixon Library Finding Aid

Conversation No. 10-49

Date: October 5, 1971
Time: 5:29 pm - 5:33 pm
Location: White House Telephone

The President talked with Richard H. Poff.

[See Conversation No. 585-15C]

     Supreme Court appointment
          -Richard H. Poff
               -Declining
                    -President's reaction
                    -Gerald R. Ford
                    -Analysis
                           -President's reaction
                           -Effect on President’s initiatives
                                 -People’s Republic of China [PRC]
                                 -Economic program
                           -Need for Poff in the House of Representatives

***********************************************************************

BEGIN WITHDRAWN ITEM NO. 1
[Privacy]
[Duration: 1m 9s ]

END WITHDRAWN ITEM NO. 1

**********************************************************************

           -President's philosophy

                -Warren E. Burger, Harry O. Blackmun
          -Support for Poff
          -President's schedule

**********************************************************************

BEGIN WITHDRAWN ITEM NO. 2
[Personal Returnable]
[Duration: 4s ]

END WITHDRAWN ITEM NO. 2

**********************************************************************

Transcript (AI-generated)

This transcript was generated automatically by AI (WhisperX) and has not been reviewed for accuracy. Names and numbers are often wrong; speakers are not identified. Do not cite it as authoritative — verify against the audio and the finding aid.

Download transcript (.txt) · JSON data

Click a timestamp to play from that point; the page address then links to that moment (e.g. #t=125).

Well, I just wanted you to know that the most disappointed man on your, which I think was statesmanlike move, was me.
And it's just a hell of a shame, as Jerry Ford put it very, very well in his statement.
President, you don't know how much your call means to me.
I had been so anxious from the very beginning that you would feel that I had somehow run out on you.
No, no, no, no, no.
I knew what you did.
And as a matter of fact, my own feeling is that we couldn't...
I think you're right.
I think what they're going to do, it's unfair, it's wrong, and the rest, they're going to try to make you, you know, sort of a whipping boy for this whole thing.
And...
It would have been bad for the court and all the way around, probably.
I think we probably could have won it, but maybe, maybe.
But on the other hand, they might have delayed for months, which would have been bad.
Mr. President, if we had won it, do you agree with me that it would have been harmful to you and done largely good that you have done?
in connection with the China debt and economic thing.
It would have been a stigma on my name.
It would have been difficult to live with.
But the thing is that I think the latter point is, too, I think at both points you're probably correct.
The thing is they would have made you look like the worst son of a bitch that ever came down the pike.
And they'd go, you know.
So under the circumstances, let me tell you, we need you in the house anyway.
And, you know.

— 1 min 8 s with no transcribed speech —

Look, you did.
I know you did.
I know you did.
And as I said, I regretted it because I just, frankly, you know, I just like to fight sometimes.
But I think under the circumstances, we've done the right thing.
But also under the circumstances, by God, I'm going to get two men on that court.
Well, not two.
Shall we say two individuals?
But let me tell you, they talk about balance and the rest.
They're going to be two people like Berger and Blackmun.
And I think that's only fair.
Well, God bless you.
The majority of the American people will be behind you.
Well, they're going to do it.
And I hope you tell all the fellows that we were backing you to the hill.
Well, I have done so.
I called in the Southern, I mean, Republican, I'm Democrat, you know, and I told them last Friday, I said, by God, I'm sticking right with you.
I've gone to the page, Mr. President, to say that it was my decision that from all the information I had, the President was prepared to go all the way with me, that he might even be disappointed that I have done what I have done.
So I hope you understand that.
Okay.
Well, good to talk to you.
We'll see you down at a leadership meeting one of these days.
Well, look, I was in Florida when this happened, or I would have called you earlier, but I was down there, and you saw my statement.
I just thought it was just as well that we, I told the boys I'd give you a call when I got back.
Okay.
Keep up your spirit.
Give my best to your wife.
Okay.

Also recorded on October 5, 1971

  • 585-010 5:15 PM · 17 sec — President Richard M. Nixon and Alexander M. Haig, Jr. met in the Oval Office of the White House at an unknown time between 5:15 pm and 5:19 pm.
  • 010-046 5:18 PM · 31 sec — President Richard M. Nixon and John B. Connally talked on the telephone from 5:18 pm to 5:19 pm.
  • 585-014 5:18 PM · 45 sec — President Richard M. Nixon and John B. Connally met in the Oval Office of the White House from 5:18 pm to 5:19 pm.
  • 585-015 5:19 PM · 17 min — President Richard M. Nixon, H. R. ("Bob") Haldeman, John B. Connally, White House operator, Alexander P. Butterfield, and Richard H. Poff met in the Oval Office of the White House from 5:19 pm to 5:39 pm.
  • 010-047 5:20 PM · 23 sec — President Richard M. Nixon, White House operator, and John B. Connally talked on the telephone from 5:20 pm to 5:21 pm.
  • 010-048 5:21 PM · 7 sec — President Richard M. Nixon and the White House operator talked on the telephone at an unknown time between 5:21 pm and 5:29 pm.
  • 010-050 5:33 PM · 9 sec — President Richard M. Nixon and the White House operator talked on the telephone at an unknown time between 5:33 pm and 9:25 pm.
  • 585-016 5:39 PM · 35 sec — unknown person(s) met in the Oval Office of the White House at an unknown time between 5:39 pm and 11:59 pm.

All 40 conversations from October 5, 1971 →

Cite this conversation

Conversation 010-049, October 5, 1971. White House Tapes, Richard Nixon Presidential Library and Museum, National Archives. Audio and AI transcript via Easy Nixon, https://www.easynixon.org/tapes/010-049 (accessed November 12, 2026).