Nixon White House Tapes › Tape 282 › Conversation 282-022

Nixon & Mitchell on Supreme Court appointments and Judicial nominations

Wednesday, October 20, 1971 · 4:13 PM–4:18 PM ET · Old Executive Office Building · 5 min

ParticipantsNixon, Richard M. (President); Mitchell, John N.Conversation282-022 on Tape 282 (tape position 01:19:17–01:24:00)StartWednesday, October 20, 1971 at 4:13 PMEndWednesday, October 20, 1971 at 4:18 PMRecording deviceOld Executive Office BuildingSourceNixon Library record for 282-022 ↗

AI Summary

President Nixon and Attorney General John Mitchell discuss potential candidates for upcoming Supreme Court vacancies, weighing the political implications and qualifications of various prospects. The conversation centers on navigating the vetting process for nominees like Powell, Rehnquist, and others, while specifically debating the optics of appointing corporate lawyers versus academic figures. Nixon emphasizes the importance of strategic appointments to balance legal expertise with political viability.

Audio

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 Do not cite it as authoritative — verify against the audio and the finding aid.

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Hello.
Thank you.
Hello.
How was the Philadelphia?
How'd it go along up there?
Good.
I hope, uh, after all, Teddy Kennedy called you and Connolly and me, John Gertrude's.
I thought that was pretty goddamn cool.
Oh, he was here last night.
I told him, I told him, Colson, Colson, just give me a hand.
And if we had said that about them, he would have been smeared in red.
He just blithely says that the people, the president has advised him and the president are all like they're members of the John Birch Society.
Right.
What is the latest reports?
A little delay.
And Berger didn't talk to him.
But Berger must have felt very damn good that we're considering, or about anything.
Did he think it was a good idea, even though he's no old?
What did he say?
What was his reaction?
I'm curious.
Yeah, what'd you say about the age factor?
Well, he's good for eight, ten years.
I'm iterating with the doctor.
Oh, crap, just too much interest.
There ain't a question about his eyes, I don't know.
Nobody's there.
Bart's.
But Howard, now that's a, he's really, just can't screw around forever.
You can call him.
Yeah.
Now the other thing is this, that in my view, John, if both of them strike out, I'd really come down harder.
I'd go for Smith in California.
And on that, there's no question he's going to get well.
I just can't see, not that he doesn't, nobody else knows.
A elite school like Cedar Carroll or harder than I wish, and a big law firm, chairman of the Board of Regents of the University of California, by God, that's pretty hard not to do.
So that's that.
Now, the other one is, I think I'd go to home.
I mean, in terms of votes, it's worth the cost.
So what the hell, a dean of a law school and everybody else
They said Yoshi never lost to Z-Man.
So he's on the court at least.
I just don't, I know they're true.
You just think they, I think if you appoint one outstanding one and one mediocrity, that's not too bad, is it?
They caught me with all that.
And basically, that's basically what I'm calling it.
It doesn't mean, I mean, let's say that this whole business about the being of a law school sounds awful to most people.
Yeah.
And where I come down now, yeah, and Baker and Powell and right now, I'm coming down and we'll see Powell patients and I need to
I think that Powell is gonna be the mother that you need to be on.
It's better than to go for Powell and Spence.
Powell and Spence have the disadvantage of being two corporate lawyers.
I think that they're probably gonna just put yourself in the back.
Well, anyway, I serve my people now.
Okay, bye.
Come on, son.

NARA Description

On October 20, 1971, President Richard M. Nixon and John N. Mitchell met in the President's office in the Old Executive Office Building from 4:13 pm to 4:18 pm. The Old Executive Office Building taping system captured this recording, which is known as Conversation 282-022 of the White House Tapes.

Nixon Library Finding Aid

Conversation No. 282-22

Date: October 20, 1971
Time: 4:13 pm - 4:18 pm
Location: Executive Office Building

The President talked with John N. Mitchell.

[See Conversation No. 12-9]

Also recorded on October 20, 1971

  • 282-020 4:05 PM · 5 min — President Richard M. Nixon, Alexander P. Butterfield, and H. R. ("Bob") Haldeman met in the President's office in the Old Executive Office Building from 4:05 pm to 4:12 pm.
  • 282-021 4:12 PM · 8 sec — President Richard M. Nixon and Manolo Sanchez met in the President's office in the Old Executive Office Building from 4:12 pm to 4:13 pm.
  • 012-009 4:13 PM · 6 min — President Richard M. Nixon and John N. Mitchell talked on the telephone at an unknown time between 4:13 pm and 4:18 pm.
  • 012-010 4:18 PM · 8 sec — President Richard M. Nixon and the White House operator talked on the telephone at an unknown time between 4:18 pm and 4:20 pm.
  • 282-023 4:18 PM · 8 sec — President Richard M. Nixon and the White House operator met in the President's office in the Old Executive Office Building at an unknown time between 4:18 pm and 4:20 pm.
  • 012-011 4:20 PM · 11 sec — President Richard M. Nixon and Richard A. Moore talked on the telephone from 4:20 pm to 4:21 pm.
  • 282-024 4:20 PM · 12 sec — President Richard M. Nixon and Richard A. Moore met in the President's office in the Old Executive Office Building from 4:20 pm to 4:21 pm.
  • 012-012 4:21 PM · 7 sec — President Richard M. Nixon and the White House operator talked on the telephone at an unknown time between 4:21 pm and 4:44 pm.

All 83 conversations from October 20, 1971 →

Cite this conversation

Conversation 282-022, October 20, 1971. White House Tapes, Richard Nixon Presidential Library and Museum, National Archives. Audio and AI transcript via Easy Nixon, https://www.easynixon.org/tapes/282-022 (accessed September 28, 2026).