Nixon White House Tapes › Tape 11 › Conversation 011-026
Nixon phone call with Mitchell on Supreme Court nomination and Robert C. Byrd
Monday, October 11, 1971 · 8:57 AM–9:05 AM ET · White House Telephone · 7 min
AI Summary
President Nixon and Attorney General John Mitchell discuss strategy for upcoming Supreme Court nominations, specifically focusing on the potential candidacy of Senator Robert C. Byrd and the reactions of various political figures. They coordinate the timeline for submitting names to the American Bar Association and the Senate while considering the use of a "smokescreen" to manage political optics. The two decide to inform Chief Justice Warren E. Burger in advance about the nomination of Mildred L. Lillie to maintain professional relations and ensure a smooth confirmation process.
- Supreme Court nomination
- Robert C. Byrd
- John N. Mitchell
- Mildred L. Lillie
- American Bar Association
- Senate confirmation
Audio
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 Do not cite it as authoritative — verify against the audio and the finding aid.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).
Each line starts with a timestamp button; press it to play the audio from that point.
Hello.
Good morning, Mr. President.
Well, it looks like a senator knows how to lobby for the court, doesn't it?
Somebody does.
They certainly cover the press pretty good.
I was, you know, he rode down there with me to West Virginia, and I said, and I don't know whether, I think he was talking about the court, and I said, you know, Bob, your name's a man.
He said, yeah, he said, I've been
He said, I was talking to Eastland.
He had talked to Eastland, apparently.
Yes, he had.
Did you know that?
Yes, yes.
Eastland had talked to us.
And then I said, well, Bob, it's a funny thing, because I didn't want him to get ahead of it.
I said, you know, it's a funny thing.
I said, the...
completely without any knowledge of what you had done, the Attorney General and I talked about you this morning.
So we're at least ahead of it.
I told him what the problems were, and he said, well, he got the Klan and all that, but he said, I said that you, the bar, had the problem.
I said, there is.
And he said, well, I've checked, and he says, of course, he said, I don't think he expected anything, but
Except he's going to work at it.
But he said that he says, I'm convinced I can get confirmed.
And boy, I just couldn't believe that.
Yet I look at the news summary this morning and I see McGovern says that he's grown in stature since he's been here.
What the hell do you think they're up to?
I don't know.
They probably want to get rid of him.
They probably want to get him out of that whip job.
That's what I would guess.
I don't know.
They might have a pretty good fight for that, but Bird's been cooperating with you, and the next guy around, I don't think would very well.
Yeah, Bird's been a...
He's been a pretty good fellow in that spot, has he not?
Sure, to the extent that anybody can.
Well, I'll tell you one thing, John.
It certainly shakes them up a little, doesn't it, though?
They knock down our friend Poff, and then Bird comes up, who has no... just became a lawyer in 63, and, I mean, a lost graduate.
But on the other hand, I'll tell you, if it comes to that...
you know one thing he sure is going to be tough god damn he's to the right of me i'm afraid no question about that almighty to the both of us together yeah tough little cookie yeah he is tough i didn't more talk to him too i i had to get to work so i put more on him and i and he ought to get more calls see what phil and he's got he's probably talked to more about it too uh dick talked to me yesterday dick moore oh he did yeah yeah and um
and filled me in on it because Dick was well excited that he or somebody else who'd been on that plane was going to be accused of, I think, of leaking the story that was all over town.
We didn't like it.
No, sir.
It's interesting how it got to all the press and all the newspapers.
I think Bird did.
That's my guess.
Well, I wouldn't be surprised.
Yeah, because we didn't.
Of course, you know more wouldn't say a thing.
And actually, I took off for Camp David.
The next morning he says, he's serving talking.
I don't know who else could have done it.
Well, this fellow Thomas, Stan Thomas, came out with the first story, and so it's obviously a southerner conservative that started it, and then I guess it was picked up by the rest of the wire services on the following day.
Mm-hmm.
Mm-hmm.
Well, we have our... How's Friday look to you now?
He's looking better all the time.
We have our...
Your lady judge friend coming in today for winding up her sole session.
And then you're going to send their names up after that to the ABA?
Yes, as you suggested either on, I think you said Thursday or Friday.
No, but I meant to the ABA.
Yes.
Well, they'll need a little time, you know, to review these things.
Yeah.
So we'll send Mr. Byrd's name along with him unless you get different counsel.
Oh, yeah, sure.
Send it.
And some of those other Southern judges.
Yeah.
So we'll put out a little smokescreen and also Sylvia Bacon issues.
Good.
And do you think we could have...
If the question...
If you think we could...
shoot for sending out?
When do you think we could shoot to send the name to the Senate?
The Senate would probably be the first part of next week.
First of next week.
I would think we could get the...
If I am asked about it, because I may do a quick little news conference tomorrow morning, just a short one.
If I'm asked, I'm going to say we're going to send the names up next week.
That gives us plenty of time, doesn't it?
uh yes indeed i'll just say next week rather than the first of next week anticipate you'll be able to send the names up next week yes we'll have it ready by next week take care of it yeah and then they'll say what time i'll sit there next week sometime that gives you till friday you see in case we get boxed in exactly and i think we ought to get and get let's not indicate but i will not indicate they're going to send two together right or do you want to
I think you would keep your options.
Right.
I'll just say we're going to send the nominations up next week.
Okay?
Yes, sir.
I think I would do that.
Fine.
Fine.
Well, I'm glad to keep the game a little open on this, aren't you?
I mean, as far as Bird's thing, just let it ramble around a bit up there.
I think it's helpful.
Yeah.
Because you're a guy...
I'll bet you they're regurgitating all over the place, John, because Poth, you know, compared to Burr, he's a flaming liberal.
He's not only a flaming liberal, he's an outstanding judiciary candidate.
I know, I know.
I'll bet they are.
It teaches them a lesson.
It will, and I think they'll be appreciative of the candidates you have.
Hopefully.
I hope the Chief Justice appreciates Mildred.
We still have to work out the scenario whether you want me to tell him or you're going to do it.
We should tell him before she goes to the bar because it'll get... Well, I'll tell you, I think I'll be glad to join you in doing it.
All right, sir.
I think it's so historic that maybe we better do it that way.
All right, so let's see how...
But I think what it always ought to do is you ought to...
Soften him up just a little and I'll then tell him that that's what I want to talk to him about and that we're just going to do it.
Good.
I'll do that on the basis that we're having all these names grouped so that you can have a choice of them and then you can tell him that you're inclined to do it and he can take it from there.
Because he's played the game with us so well that I think we should advise him in advance of the potential of it.
Right.
And then you can put in the clincher.
Good.
Okay.
Very good, sir.
Bye, John.
Bye.
NARA Description
On October 11, 1971, President Richard M. Nixon and John N. Mitchell talked on the telephone from 8:57 am to 9:05 am. The White House Telephone taping system captured this recording, which is known as Conversation 011-026 of the White House Tapes.
Nixon Library Finding Aid
Conversation No. 011-026
Date: October 11, 1971
Time: 8:57 am - 9:05 am
Location: White House Telephone
The President talked with John N. Mitchell.
[See Conversation No. 287-3]
Supreme Court nomination
-Robert C. Byrd
-James O. Eastland
-The President's conversation with Mitchell
-Ku Klux Klan
-George S. McGovern
-Whip
Richard Nixon Presidential Library and Museum, NARA Online Public Access Catalog Identifier: 597542
-Richard H. Poff
-Richard A. Moore
-Media report
-Dan Thomas
-Herschel H. Friday
-Mildred L. Lillie
-American Bar Association [ABA] submission
-Byrd
-Sylvia Bacon
-Schedule for submission to the Senate
-Possible presidential comments
-Byrd
-Poff
-Mildred L. Lillie
-Warren E. Burger
-NotificationAlso recorded on October 11, 1971
- 011-025 8:52 AM · 7 sec — President Richard M. Nixon and the White House operator talked on the telephone at an unknown time between 8:52 am and 8:57 am.
- 287-001 8:52 AM · 3 sec — President Richard M. Nixon and unknown person(s) met in the President's office in the Old Executive Office Building at an unknown time between 8:52 am and 8:57 am.
- 287-002 8:52 AM · 3 sec — President Richard M. Nixon and the White House operator met in the President's office in the Old Executive Office Building at an unknown time between 8:52 am and 8:57 am.
- 287-003 8:57 AM · 6 min — President Richard M. Nixon and John N. Mitchell met in the President's office in the Old Executive Office Building from 8:57 am to 9:05 am.
- 011-027 9:05 AM · 9 sec — President Richard M. Nixon and the White House operator talked on the telephone at an unknown time between 9:05 am and 10:28 am.
- 287-004 9:05 AM · 9 min — President Richard M. Nixon and H. R. ("Bob") Haldeman met in the President's office in the Old Executive Office Building at an unknown time between 9:05 am and 10:28 am.
- 287-005 9:05 AM · 9 sec — President Richard M. Nixon and Henry A. Kissinger met in the President's office in the Old Executive Office Building at an unknown time between 9:05 am and 10:28 am.
- 287-006 9:05 AM · 12 sec — President Richard M. Nixon and the White House operator met in the President's office in the Old Executive Office Building at an unknown time between 9:05 am and 10:28 am.
Cite this conversation
Conversation 011-026, October 11, 1971. White House Tapes, Richard Nixon Presidential Library and Museum, National Archives. Audio and AI transcript via Easy Nixon, https://www.easynixon.org/tapes/011-026 (accessed October 6, 2026).