Nixon White House Tapes › Tape 281 › Conversation 281-001

Nixon & Buchanan on Supreme Court and Judicial Philosophy

Thursday, October 21, 1971 · 8:20 AM–8:30 AM ET · Old Executive Office Building · 10 min

ParticipantsNixon, Richard M. (President); Buchanan, Patrick J.Conversation281-001 on Tape 281 (tape position 00:00:34–00:11:17)StartThursday, October 21, 1971 at 8:20 AMEndThursday, October 21, 1971 at 8:30 AMRecording deviceOld Executive Office BuildingSourceNixon Library record for 281-001 ↗

President Nixon met with Patrick J. Buchanan to prepare for the announcement of his upcoming Supreme Court nominations. The discussion focused on the desired judicial philosophy of potential appointees, specifically emphasizing the balance between the rights of society and the rights of the accused. The pair also reviewed a broader news summary covering international affairs and economic indicators, including the Nobel Peace Prize and stock market trends.

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Position in tape: 00:00:34 – 00:11:17

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Oh, yeah.
What is the number of chief judges and the number of presidents?
I got that from Berger a long time ago.
How many?
I think it is, but I need that number.
You can check with Colson.
There's a poll.
I'm afraid it hasn't been out yet, but we know about it now.
It's just been taken on the court standing in the country.
And if they don't have it, they can't do that.
Harris is the only one that pulls on this.
That's the last one.
In other words, do you think the court's doing it?
You have respect for it, or don't you have respect for it?
If you get me, if you just get the one figure, I just want one line, right?
All right, let's see.
I'd like you to write one brief paragraph, not too hard, but more.
It was on Maine.
About the need to have judges above or outside
And that's the great tradition of the great justices.
In that connection, then going back to the issue of
the Peace Forces, which is the criminal forces.
I want you to get the exact quote from Liffman.
Do you have the Liffman quote?
Yes, sir.
I'm just trying to describe the Peace Forces, but to get as short as you can, so to speak.
And the line is that...
In other words, when you go into the precincts, you're not trying to concede that you're doing it in a place that's also by the law or outside the law.
Their responsibility is to, I mean, and not to use the court, not to twist, but just to start a constitution to promote their personal philosophical views.
There are four issues.
Like if I take two drugs or something, and I go, I'm going to say, that's not what I want.
I want them to be clear that they have this philosophy, of course, and that's what I want to point out.
The whole power line is black, and that's the kind of philosophy I want to agree.
And I want to point out that as far as history is concerned, they are concerned.
And basically, you know,
And then that happened, because the judge tends to reflect the philosophy of the country, and I am concerned.
But then say that in my opinion, there should be no surprises.
I promise, I pledge to you, and I pledge to the government, that we're going to make the nation great.
Thank you very much.
to rectify this balance.
And I talk about the balance.
There are cases involved in this, in the beginning of the republic, involving that very delicate balance between prosecution and defendants.
The Righteous Society and the rights, not criminals, but you say the rights of individuals charged with crime.
Honest men and great constitutional lawyers have disagreed as to what that balance should be.
But as Walter Lippmann said, if Walter Lippmann said a bank balance would take too much, I believe this.
I just think they did.
And I believe that now we...
uh while at the same time as they in the predation of the great lawyers they
They...
They...
They...
They ground anybody.
Their dedication.
The warriors.
the wires, code, what's the doctor's code?
The doctor's code about saving lives.
It's a great word for Dr. Pat.
Don't use that word.
The code of the wires.
their dedication to the population, and how innocent they are.
And how innocent they are.
And how innocent they are.
And how innocent they are.
And how innocent they are.
And how innocent they are.
I like that.
I like that.
Okay, let's see.
You're going to get me the full book.
You're going to get me the famous quote by Lippmann.
Okay.
What's the news mainly about?
I'm not going to have a chance to read it.
The big book, this is, uh, uh, Supreme Court ABA.
I haven't heard about that.
.
Good.
.
Good job, buddy.
Huh?
Yeah.
Why is Paul in there?
Huh?
Why is Paul in there?
Oh man, everybody gets it quite easily.
This one is a bit shiny-eyed.
In Germany, if you were to run the bay, it would be black-and-white, even when we're on the green line.
I should agree with you on this one.
Right.
I'm just trying to see if anyone can help me out with this one.
Oh, okay.

On October 21, 1971, President Richard M. Nixon and Patrick J. Buchanan met in the President's office in the Old Executive Office Building from 8:20 am to 8:30 am. The Old Executive Office Building taping system captured this recording, which is known as Conversation 281-001 of the White House Tapes.

Conversation No. 281-1

Date: October 21, 1971
Time: 8:20 am - 8:30 am
Location: Executive Office Building

The President met with Patrick J. Buchanan.

     Preparation for the President's October 21, 1971 speech announcing nominations to the
          Supreme Court
          -Chief Justices
                -Warren E. Burger
          -Poll on the Supreme Court's standing
                -Charles W. Colson
                -Louis P. Harris
          -Instructions for Buchanan
          -Quote from Walter Lippmann
                -Justices' personal philosophy
          -John M. Harlan
          -Hugo L. Black
          -Philosophy of appointees
                -Burger
                      -The President's intent
                -Criminal's rights
                      -Rights of society
                -Wording of statement
                -Hippocratic oath
          -Timing
          -Harris poll
          -Quote from Lippmann

     News summary
         -Supreme Court nomination
              -American Bar Association [ABA]
         -Nobel Peace Prize
              -Willy Brandt
         -Stock Market
         -Cambodia
         -Nobel Peace Prize
              -Brandt
                   -World War II service
                   -Political philosophy

                     -Berlin Agreement
                -Martin Luther King, Jr.
                -Linus Pauling (?)

Buchanan left at 8:30 am.
  • 281-002 8:30 AM · 34 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 8:30 am and 9:33 am.
  • 281-003 8:30 AM · 3 min — 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 8:30 am and 9:33 am.
  • 281-004 8:30 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 8:30 am and 9:33 am.
  • 281-005 8:30 AM · 7 min — President Richard M. Nixon met in the President's office in the Old Executive Office Building at an unknown time between 8:30 am and 9:33 am.
  • 281-006 8:30 AM · 6 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 8:30 am and 9:33 am.
  • 012-027 9:33 AM · 5 sec — President Richard M. Nixon and the White House operator talked on the telephone at 9:33 am.
  • 012-028 9:33 AM · 4 min — President Richard M. Nixon and John N. Mitchell talked on the telephone from 9:33 am to 9:39 am.
  • 281-007 9:33 AM · 4 min — President Richard M. Nixon and John N. Mitchell met in the President's office in the Old Executive Office Building from 9:33 am to 9:39 am.

Conversation 281-001, October 21, 1971. White House Tapes, Richard Nixon Presidential Library and Museum, National Archives. Audio and AI transcript via Easy Nixon, https://www.easynixon.org/tapes/281-001 (accessed October 12, 2026).