Nixon White House Tapes › Tape 11 › Conversation 011-033

Nixon phone call with Mitchell on Supreme Court nomination and John Volpe

Monday, October 11, 1971 · 12:31 PM–12:34 PM ET · White House Telephone · 3 min

ParticipantsNixon, Richard M. (President); Mitchell, John N.Conversation011-033 on Tape 11 (tape position 00:52:53–00:55:36)StartMonday, October 11, 1971 at 12:31 PMEndMonday, October 11, 1971 at 12:34 PMRecording deviceWhite House TelephoneSourceNixon Library record for 011-033 ↗

President Nixon and Attorney General John Mitchell discuss political considerations regarding potential Supreme Court nominations and judicial appointments. Nixon expresses frustration over Secretary of Transportation John Volpe's persistent pressure to appoint an Italian-American to the Supreme Court, while also tasking Mitchell with managing these lobbying efforts to shield the President's time. Additionally, the pair discusses the progress of Mildred L. Lillie's vetting process for a Supreme Court seat, with Nixon emphasizing the political optics of potentially appointing the first woman to the Court.

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Yeah.
Attorney General.
Yes, Mr. President.
I just want you to know that John Volpe, I've been heading him in here for Columbus Day thing, and...
He really landed on me in the Supreme Court thing again, so I told him to talk to you again.
I guess you've talked to him in the face.
I've been talking to him constantly, and he recognizes that... Well, it's Taro.
He says the only man that has got it, and Taro agreed to resign and all that, but my goodness, you can't have that sort of thing.
I mean, you can't have such an understanding in any way.
Well, he's 65.
He's too old.
He's 65 years old, and I've told you on that, and he's backed off it, and
But not with me.
And he said that there's only two in the circuit court, and they're both Democrats, and so there's none.
I think he has a point that we ought to be looking at some young Italian to be pushing up to the darn thing, but I don't know where the hell he is.
Do we have any?
Well, we have some of them.
John has provided me with a list of five people that he wants considered for the Supreme Court, but there's no rhyme or reason for any one of them.
Some of them are college professors, etc.
Sure, sure.
Sure.
Well, what I'm doing, John, is to pass it on to you so that when you can say yes, the president will talk to you for an hour about it.
You understand?
I will indeed.
Because it will save me an hour, if you don't mind.
And do that constantly.
And we're trying to wrangle through the thicket out in Oregon and get an Italian president.
put up on the circuit court out there.
Well, you can tell, John, we're doing that, too, and that I've said that we're preparing the way for an appointment as we come along.
I mean, we intend to be around, you know, four years, tell them and all that sort of thing.
Why don't you do that?
I certainly will.
Yeah.
John is on the horn constantly, and he communicates constantly.
Yes, that great length.
Two or three of the letters here are from him.
Right.
And I went out of my way to see one of his judges out in Oregon, Salmanetti, when I was out there.
Right.
Old man's Tim.
How is, did Miss Lilly come in yet?
Yes, she's still here.
Oh, how's she look?
Better all the time.
Good, good, good.
Good luck.
Down going through that soul searching, and we run her by.
the people here and so forth.
So far, it's on track.
I'm telling you.
You know, John, it just must really make you feel happy that you will be the attorney general that made the first recommendation woman on the court.
That would just make you feel great, doesn't it?
How proud you can be back in your old colleagues in New York and the rest.
Yes, sir.
When I get with that new woman's lib, why, I'll be their hero if I ever tell you.
Okay, boy.
Thanks.
Thank you.
All of them is laughing in the background here.
Yes.

On October 11, 1971, President Richard M. Nixon and John N. Mitchell talked on the telephone from 12:31 pm to 12:34 pm. The White House Telephone taping system captured this recording, which is known as Conversation 011-033 of the White House Tapes.

Conversation No. 011-033

 Date: October 11, 1971
 Time: 12:31 pm - 12:34 pm
 Location: White House Telephone

 The President talked with John N. Mitchell.

Richard Nixon Presidential Library and Museum, NARA Online Public Access Catalog Identifier: 597542

 [See Conversation No. 588-2B]

        Supreme Court nomination
             -John A. Volpe
                  -George A. Tesoro
                  -Possibility of Italian appointment
                       -Oregon
                               -Circuit Court
                               -Paul Menetti [sp?]
             -Mildred L. Lillie
                  -H. R. (“Bob”) Haldeman
  • 011-031 10:45 AM · 22 sec — President Richard M. Nixon and Walter R. Tkach talked on the telephone at 10:45 am.
  • 287-008 11:25 AM · 29 sec — President Richard M. Nixon and Manolo Sanchez met in the President's office in the Old Executive Office Building at 11:25 am.
  • 588-001 11:25 AM · 2 min — President Richard M. Nixon and Stephen B. Bull met in the Oval Office of the White House at an unknown time between 11:25 am and 11:31 am.
  • 588-002 11:31 AM · 2 hr 39 min — President Richard M. Nixon, Aldo Moro, Edgido Ortono, Henry A. Kissinger, Neil A. Seidenman, Stephen B. Bull, Americo Cortese, Peter Gay, Frank Montemuro, Paul Landi, Nicholas Cipriani, William Cercone, John A. Volpe, Alexander P. Butterfield, H. R. ("Bob") Haldeman, White House operator, John N. Mitchell, and unknown person(s) met in the Oval Office of the White House from 11:31 am to 2:13 pm.
  • 011-034 12:35 PM · 6 sec — President Richard M. Nixon and the White House operator talked on the telephone at 12:35 pm.
  • 011-035 12:35 PM · 1 min — President Richard M. Nixon and John N. Mitchell talked on the telephone from 12:35 pm to 12:36 pm.
  • 588-003 2:13 PM · 53 sec — unknown person(s) met in the Oval Office of the White House at an unknown time between 2:13 pm and 11:59 pm.
  • 287-009 2:14 PM · 10 sec — President Richard M. Nixon and Manolo Sanchez met in the President's office in the Old Executive Office Building at an unknown time between 2:14 pm and 2:25 pm.

Conversation 011-033, 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/011-033 (accessed September 28, 2026).