Nixon White House Tapes — Conversation 012-028
Date: Thursday, October 21, 1971 at 9:33 AM
Participants: Nixon, Richard M. (President); Mitchell, John N.
Recording device: White House Telephone
Source: https://www.easynixon.org/tapes/012-028
National Archives Catalog: https://catalog.archives.gov/id/417191567 (NAID 417191567)

This transcript was generated automatically by AI (WhisperX) and has not been reviewed for accuracy. Do not cite it as authoritative.

[0:00] President, sir.
[0:01] Hello.
[0:01] Good morning, Mr. President.
[0:02] You working out?
[0:03] Baker wants to go, and I told him that you still had the options open, and I would refer to you as availability.
[0:15] Well, he wants to go now, huh?
[0:20] Yes, sir.
[0:22] Well, God damn it, you couldn't talk him out of it, huh?
[0:25] Well, not on the basis in which we'd been pushing him into it.
[0:28] But I went through the same routine and I think you have an option if you want to go the other way.
[0:48] I don't think that it's going to disturb him too much if you use your options in another direction.
[0:57] if you feel stronger in that other direction.
[1:19] have you got any have you got anything this will decide me a lot could you take five minutes off and then call me back what was his record in law school and so forth do you know anything about that no but i presume we might be able to i need to know i need to know i mean i want to know whether he's really whether he was just a playboy or whether he can he buckled down and did things because that i prepared preparing my remarks now and it's all revolves around that these are guys that are qualified you see
[1:46] All righty, I'll try and dig that out as fast as we can.
[1:50] No, you think we are in a position of telling him no, no, no.
[1:54] We just feel that the political considerations you've raised are hard or such that you shouldn't go.
[2:02] Yes, we can put it on that basis.
[2:04] Yeah, that I thought about it and that I thought overnight, too, about it, and I just think it's political considerations that the judgment is that way.
[2:11] If he wants to go at a later time, why, the place will be open for him.
[2:15] All right, sir.
[2:16] I can put it that way, see.
[2:17] I think we ought to get back to him right quick on it, though.
[2:19] Yeah, all right, fine.
[2:20] Call me right back.
[2:21] I need to know what his law school record was.
[2:24] Well, do you still want to keep your options open, or do you just want me to turn them off?
[2:27] No, I want the option open until I see what kind of a record he had.
[2:30] If he had an outstanding record, so that I can say that he and Powell both had outstanding records, that's one thing.
[2:35] But if it's a jackass record, then I really think I'm going to close the option and go the other way.
[2:41] I have a feeling it ought to go the other way.
[2:43] That's just my gut reaction.
[2:46] What do you think?
[2:47] I feel that way for the better of the court, and I think that the PR on it just about would break even, I think, in the basis of acceptance.
[3:00] On the one side, you've got two Southerners, which is not good.
[3:04] On the other side, you've got a man who's unknown, but with a hell of a record.
[3:10] The unknown thing with Rehnquist is going to really not wash good if he was high in his class.
[3:16] Was he first or second or something like that?
[3:18] He was first in his class.
[3:19] Do you think he was first?
[3:20] He was first, yes, sir.
[3:25] Well, that's a hell of a thing.
[3:26] Phi Beta Kappa, of course.
[3:27] Phi Beta Kappa, first in his class.
[3:30] That's right.
[3:30] Law clerk to one of the great judges of this century.
[3:34] And practiced law as a lawyer's lawyer and so forth.
[3:42] Now, but I really think we ought to go that way.
[3:45] All right, well, I'll turn Baker.
[3:46] I think you ought to say hard under view of the fact that you've had some doubts, but also, frankly, the president really feels that...
[3:54] The political things that you've raised are questions.
[3:58] And the place will be open for you later if you want it.
[4:02] Because we need two Southerners on that court in any event, you know.
[4:07] And maybe you'll want to take another crack at the leadership and so forth, and we don't have many voices in the Senate.
[4:11] Okay?
[4:12] Yes, sir.
[4:12] I'll turn him off.
[4:13] I'll take breakfast.