Nixon White House Tapes › Tape 23 › Conversation 023-138

Ehrlichman & Ziegler on L. Patrick Gray III and FBI

Wednesday, May 3, 1972 · 2:53 PM–3:10 PM ET · White House Telephone · 2 min

ParticipantsEhrlichman, John D.; White House operator; Ziegler, Ronald L.Conversation023-138 on Tape 23StartWednesday, May 3, 1972 at 2:53 PMEndWednesday, May 3, 1972 at 3:10 PMRecording deviceWhite House TelephoneSourceNixon Library record for 023-138 ↗

John D. Ehrlichman coordinates with Press Secretary Ronald L. Ziegler regarding the upcoming press conference to announce the appointment of L. Patrick Gray III as acting FBI Director. Ehrlichman outlines the procedural flow of the announcement, instructs Ziegler on how to field press inquiries, and clarifies the technical employment status of Gray for salary purposes. The two agree to meet in person to finalize the specific language Ziegler should use when announcing that a permanent nomination for the position will be deferred until after the election.

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This is John Ehrlichman.
Can you give me Ron Ziegler, please?
Thank you.
This is John Ehrlichman.
Can you give me Ron, please?
Yeah, let me just run through this with you.
You'll introduce Kleindienst.
He will announce that he and the President have just had a meeting, that the offer's been made and accepted, and he's announcing Pat Gray as acting.
He'll introduce Pat.
Pat will say a few words, then they'll get down and leave.
You can suggest afterwards, if you're asked, that the reason that they don't answer questions is that they're both pending before the Senate.
No, he's not anymore.
Well, sure he is, technically.
Well, but he won't be.
All right, he won't be, but he still is.
And he's not going to take any questions today, so you can handle that any way you want to.
Now, as a technicality, he is still Assistant Attorney General.
in the civil division.
And he will remain that.
He will still fill that slot.
And that's for salary purposes because there isn't any way of getting him paid otherwise.
Okay?
But you need to know that in case you get asked.
And you're the one who's going to make the announcement that the President does not intend to send a permanent nomination until after the election and explain why after they leave.
All right, you guys swing by here, will you?
Yep.
Be about two or three more phone calls.
Okay, because I want to get the exact words from you as to what I say.
Yeah, I've already given them to you.
No, you haven't.
Yes, I have.
No, you haven't.
Not that stuff.
Well, I better come over there right now.
Would you?
Yeah.
Morris here, and we're trying to develop.
All right.
All right.

On May 3, 1972, John D. Ehrlichman, White House operator, and Ronald L. Ziegler talked on the telephone at an unknown time between 2:53 pm and 3:10 pm. The White House Telephone taping system captured this recording, which is known as Conversation 023-138 of the White House Tapes.

Conversation No. 23-138

Date: May 3, 1972
Time: Unknown between 2:53 and 3:10 pm
Location: White House Telephone

John D. Ehrlichman talked with the White House operator.

     Request for a call to Ronald L. Ziegler

Ehrlichman talked with an unknown woman in Ziegler's office at an unknown time.

     Request to talk to Ziegler

Ehrlichman talked with an unknown woman in Ziegler's office at an unknown time.

     Call on hold

Ehrlichman talked with Ziegler at an unknown time.

     Richard G. Kleindienst
          -Press conference
                -Ziegler's introduction
          -Federal Bureau of Investigation [FBI]
                -L. Patrick Gray III
                      -Statement
          -Questions
                -Ziegler's handling
          -Present position
                -Reasons
          -Ziegler's announcement
                -Permanent appointment
                -Ziegler's meeting with Ehrlichman
                      -Statement
                      -Richard A. Moore
  • 023-136 2:30 PM · 8 sec — President Richard M. Nixon and the White House operator talked on the telephone at 2:30 pm.
  • 335-012 2:30 PM · 1 min — President Richard M. Nixon and the White House operator met in the President's office in the Old Executive Office Building at 2:30 pm.
  • 335-013 2:30 PM · 14 sec — President Richard M. Nixon and unknown person(s) met in the President's office in the Old Executive Office Building at 2:30 pm.
  • 335-014 2:30 PM · 9 min — President Richard M. Nixon and John K. Andrews, Jr. met in the President's office in the Old Executive Office Building from 2:30 pm to 2:40 pm.
  • 335-015 2:40 PM · 19 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 2:40 pm and 2:41 pm.
  • 335-016 2:41 PM · 8 min — President Richard M. Nixon, Ronald L. Ziegler, unknown person(s), and John D. Ehrlichman met in the President's office in the Old Executive Office Building from 2:41 pm to 2:49 pm.
  • 023-137 2:48 PM · 38 sec — President Richard M. Nixon and John D. Ehrlichman talked on the telephone from 2:48 pm to 2:49 pm.
  • 335-017 2:50 PM · 36 min — President Richard M. Nixon, Richard G. Kleindienst, L[ouis] Patrick Gray, III, unknown person(s), John D. Ehrlichman, H. R. ("Bob") Haldeman, and Henry A. Kissinger met in the President's office in the Old Executive Office Building from 2:50 pm to 3:35 pm.

Conversation 023-138, May 3, 1972. White House Tapes, Richard Nixon Presidential Library and Museum, National Archives. Audio and AI transcript via Easy Nixon, https://www.easynixon.org/tapes/023-138 (accessed October 10, 2026).