Nixon White House Tapes › Tape 46 › Conversation 046-138

Nixon phone call with Burger on Watergate scandal and Judicial fairness

Tuesday, May 22, 1973 · 9:27 AM–9:30 AM ET · White House Telephone · 3 min

ParticipantsNixon, Richard M. (President); Burger, Warren E.Conversation046-138 on Tape 46StartTuesday, May 22, 1973 at 9:27 AMEndTuesday, May 22, 1973 at 9:30 AMRecording deviceWhite House TelephoneSourceNixon Library record for 046-138 ↗

AI Summary

Chief Justice Warren E. Burger initiated this call to offer personal support to President Nixon, acknowledging the political pressure surrounding the Watergate scandal. The two discussed the difficulty of ensuring fair trials for figures like H.R. Haldeman, John Ehrlichman, and John Mitchell amidst intense public scrutiny and media coverage. Nixon expressed frustration over his inability to oversee his subordinates more closely due to the demands of his foreign policy agenda, including relations with China, the Soviet Union, and the Vietnam War.

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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 Do not cite it as authoritative — verify against the audio and the finding aid.

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· Click a timestamp to play from that point; the page address then links to that moment (e.g. #t=125).
Good morning, Mr. President.
Well, I just wanted to thank you for your call, which I got the message on this morning, and wish you well on your next four years.
Well, just about this time... You see, you didn't have to run for it.
Just about this time you were signing the nominating papers to send them up on the...
Right, right, right.
In our household, we remember important anniversaries.
Yeah.
About you and Mrs. Nixon last night.
Right.
We've called you.
Well, that's very thoughtful.
That's very thoughtful.
And let me just say, I know you, as a great jurist, probably, and as an old politician, are naturally concerned about the...
all the hullabaloo, but it will pass, and I will survive it.
And I just want you to know that.
We watch it, and our confidence is unshaken.
Well, you know, this thing is, though, I mean, without, of course, getting you into it, but as a lawyer in particular, as a judge, it must just shock you to see this whole trial in the public, you know, of, I mean, leaving out John Mitchell and Holloman and Ehrlichman.
Well, but even the trial of the president ended up in
Well, no, no, I think they have a right to whack him.
But, you know, I don't see how any of these guys can get a fair trial, you know.
Well, they're all been convicted.
A lot of their petitions ruined, no matter what the facts are.
That's one of the tragedies.
You know, the hearsay and all that.
someday somebody's going to have to grapple with that problem, aren't they?
Because, you know, you take the seal rule.
When I got under the seal rule, everybody would be free as a jaybird.
Well, there'll be a lot of books written about this and a lot of review articles over the years.
It's just one of the times when the boat's rocking and the
This kind of separates the men from the boys.
Well, let me say that the main thing is it will pass, and my heart goes out to those people who, at the best of intentions, are overzealous, but as I'm sure you know,
I'll tell you, if I could have only, if I could have spent a little more time being a politician last year and less time being president, I would have kicked their butts out.
I didn't know what they were doing.
Well, of course, you had a few little things going on in China and Russia and a few other things.
And the war.
But anyway, no complaints, but you just, thank you for your good word and you keep the faith.
We'll keep on rolling along.
things done in four years, and one of these days there'll be a general report, and we've got a lot of new things going.
That's right.
Good.
Well, it was nice of you to call back.
Thank you.
Bye.

NARA Description

On May 22, 1973, President Richard M. Nixon and Warren E. Burger talked on the telephone from 9:27 am to 9:30 am. The White House Telephone taping system captured this recording, which is known as Conversation 046-138 of the White House Tapes.

Nixon Library Finding Aid

Conversation No. 46-138
                                                -85-

                   NIXON PRESIDENTIAL LIBRARY AND MUSEUM

Date: May 22, 1973
Time: 9:27 am - 9:30 am
Location: White House Telephone

The President talked with Warren E. Burger.

[See also Conversation No. 925-4]

     Burger’s telephone call to the President

     President’s nomination of Burger
           -Burger’s wishes

     Watergate
          -Press handling
                -H. R. (“Bob”) Haldeman, John D. Ehrlichman and John N. Mitchell
                -President
                -Effect on forthcoming trials
                -Compared with Bobby Seale case
                -President’s knowledge

     President’s schedule
           -People’s Republic of China [PRC]
           -Soviet Union
           -Vietnam War

Also recorded on May 22, 1973

  • 046-137 9:06 AM · 10 sec — President Richard M. Nixon and White House operator talked on the telephone at an unknown time between 9:06 am and 9:27 am.
  • 925-005 9:27 AM · 3 min — President Richard M. Nixon and Warren E. Burger met in the Oval Office of the White House from 9:27 am to 9:30 am.
  • 925-006 9:30 AM · 3 min — United States Secret Service agents and unknown person(s) met in the Oval Office of the White House at an unknown time between 9:30 am and 9:34 am.
  • 438-023 9:34 AM · 4 min — President Richard M. Nixon and Stephen B. Bull met in the President's office in the Old Executive Office Building at an unknown time between 9:34 am and 9:55 am.
  • 438-024 9:34 AM · 9 min — President Richard M. Nixon and Stephen B. Bull met in the President's office in the Old Executive Office Building at an unknown time between 9:34 am and 9:55 am.
  • 438-025 9:34 AM · 25 min — President Richard M. Nixon and Alexander M. Haig, Jr. met in the President's office in the Old Executive Office Building at an unknown time between 9:34 am and 9:55 am.
  • 438-026 9:34 AM · 10 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 9:34 am and 9:55 am.
  • 438-038 9:34 AM · 20 sec — unknown person(s) met in the President's office in the Old Executive Office Building at an unknown time between 9:34 am and 9:55 am.

All 80 conversations from May 22, 1973 →

Cite this conversation

Conversation 046-138, May 22, 1973. White House Tapes, Richard Nixon Presidential Library and Museum, National Archives. Audio and AI transcript via Easy Nixon, https://www.easynixon.org/tapes/046-138 (accessed October 12, 2026).