Conversation 322-048

TapeTape 322StartSunday, March 12, 1972 at 8:05 PMEndSunday, March 12, 1972 at 8:35 PMTape start time02:47:20Tape end time03:15:00ParticipantsNixon, Richard M. (President);  Ehrlichman, John D.Recording deviceOld Executive Office Building

On March 12, 1972, President Richard M. Nixon and John D. Ehrlichman met in the President's office in the Old Executive Office Building from 8:05 pm to 8:35 pm. The Old Executive Office Building taping system captured this recording, which is known as Conversation 322-048 of the White House Tapes.

Conversation No. 322-48

Date: March 12, 1972
Time: 8:05 pm - 8:35 pm
Location: Executive Office Building

The President talked with John D. Ehrlichman.

[See Conversation No. 21-47]

This transcript was generated automatically by AI and has not been reviewed for accuracy. Do not cite this transcript as authoritative. Consult the Finding Aid above for verified information.

Well, yeah.
Well, I didn't want to bother you, but I guess you got my message on the Custis Amendment.
I had read the first draft, and I had been through the second, but I apparently had dropped off the last five pages, which had the Custis Amendment, of course, discussed.
I am not somebody who's going to cut it down to eight pages.
Yeah, I went through the whole thing.
Again, as I've talked to you, and I don't know what he's going to come up with in the next draft, but I've done a number of editorial changes.
The main thing is that I'm thinking that what needs, may need to be done at an editorial standpoint is to move almost the entire conclusion, or at least the major things, up front.
In other words, to start right out with
with the purpose of this is to do this, this, this, this, this, this, this.
And maybe you're putting in the conclusion, yeah, the point is that just doing it in an orderly way has got a pretty good start.
But you know, when you do it in an orderly, responsible way, you don't write the story for the guys, let alone.
And my inclination is that I want to do these things, so that's wrong.
Well, certainly, the way that you could do all the stuff about Title I is simply to say in Los Angeles and New York and Kansas City, et cetera, et cetera, et cetera, this and that and the other, and you cut out eight pages right there.
Yeah, yeah.
But you see, I think all of that business about, which of course is a tortured way of saying and proving something that I don't really believe,
I just don't think we ought to do it.
I mean, and this is apparently from H.E.W.
Yeah.
But this is, you see, but the one thing that's true.
And the other thing I was going to say is that I really want to beef up with where he says that there's been a, you know, about the fact that
There have been a number of court decisions that we could put that in a much more dramatic and effective way by saying that it's a chaotic situation in the courts.
It's a maze of contradiction, confusion, and frustration.
You know, something like that.
And it's time for the Congress to step in and do this and that.
I mean, let's, I really think the courts ought to be taking the answer.
We have to give a lot of what this court did, that, that court did.
What do you think?
Maybe, maybe so.
This court does this.
That's all right, that's all right.
Yes, you can get one, but I wouldn't put in 10 pages on it, you see.
The difficulty is that this statement, I think, shouldn't go such great lengths of torture business about this and that because
really it doesn't prove all that you know all it proves is confusion
I think it's very important to make this point more strongly that we can agree about the lost generation.
How many blacks would never benefit from us?
And therefore, we're really interested in the need to put the money in.
I think, too, that the line is that there should be no retreat from racial equality.
That's a bad phrase, this racial equality that's going on.
call an opportunity for some new racial equality, something that's been done for a small amount of time.
And where I talk on page two, which is one of the most important parts, I'm just emphasizing chaotic maze of confusion, contradiction, and really, you know, frustration with unequal treatment between districts, between states, and between regions of the country that ought to be made clear.
And the victims are those we are supposed to help, the children.
The victims, the victims, in other words, the racial tension, emotional stress, et cetera, are those we are supposed to help.
That's the entirety of the action now that we're talking about.
We can't wait for the court.
So I think we ought to make the point.
I mean, I think this is a little bit too much aimed at the South.
But I think the point is that we may well be entering a period when there's some more problem.
Maybe we are better than the South.
There's more problems than the South.
I don't know.
The, you know, it's under page 35, but some actions will be taken, and it's taken in a supercharged emotional context, and it will be the wrong action.
So let the conference do this, and come and respond to the action, and let us provide the time for that kind of action, and put it a little more directly that way,
so it's quite kind of softly raised up.
It's very, very, tends to be a little fuzzy and soft.
Also, the necessity of avoiding the unfairness for any period of time of some, because they happen to be the victims of certain court decisions.
Some are subjected to
and some not, and that's not right.
What we need is something that applies to all areas of the country, all states, all districts, as much as possible, equal.
I mean, equal treatment of racism is, of course, a constitutional principle, but equal treatment of all children in all states and all regions is also a constitutional principle.
Another point is that with regard to the students in the non-monetary,
One year of, say, transportation, which is excessive and which is detrimental to a child's education, is wrong because one year out of a child's life may be too important to be lost in contact.
It's very strong to be male or brown, as I said earlier.
Brown addressed itself to education, including secondary education.
And he achieved the goal of Brown.
Now, there was no leadership without means, which produced superior education.
He makes the point that this is a part of the commonality.
Now, the small location on page three of this second draft
I'm putting shift the focus from poor transportation to better education.
That's what it was.
And then stage four, educational need for adequate transportation.
Now, another thing is that he used, rather loosely, all three areas of the word progress and progress.
He was going to do all the progress that he was going to achieve, and he would climb, and climb, and climb.
Some periods would go further, and he would set a motion to change the river.
But he was going to do all the progress that he was going to achieve in that area.
What kind of area?
Progress toward equality of education, law, and security.
And he ended up doing that.
I think it's very important to really get across the fact that there are a hell of a lot of blacks as well as whites who are opposing Muslims.
There, on page six, you can say, there are rightly reasons for opposing Muslims, and there are wrong ones.
And most people oppose the free region, and there were nothing to do with race.
I would put it that way.
And most people, including many blacks as well as whites, oppose the free region, but have nothing to do with race.
I don't know.
On page 22, we would call a person an equal opportunity to broaden their scope.
I'd make it much more blunt.
What's going to help our objective
Better education for blacks.
Most.
More busing.
More long running.
Where 75% of the blacks have been lost to interagency.
Who will never be affected by government.
And by the government, we're going to put it there.
And you ought to be safe.
With regard to policy questions, I know there's going to come stories
All of that, all that.
That's right.
Yeah, that's right.
And if that wasn't 10,000 disadvantaged groups, it doesn't prove a damn thing.
None of them prove anything for sure, really.
And then, let's just say, $300, but we've got a lot of things to do in the next time.
Coming to the other point,
So on page 37, on the right, it states, therefore, whatever relief is provided would be in the future, not now.
What is needed is action now.
The constitutional amendment completely fails to meet this need.
Let's talk about hope.
Another thing about, we talked about this again, this is a small matter, but I'm proud of this, and I'm going to ask you gently, a good night, a good day.
What I will say is this, this administration can be put aside for a long time, and I'm going to pray that it's not only going to drop them out of the schools, but it's not going to go all night.
It is our record, not our record, not our record, which demonstrates our commitment.
And that's a good line to say.
It is our record, not our letter.
And then I will just go on to say, we have achieved more school segregation on us than we could have achieved on these workers.
We have taken the lead in opening up higher grades for these workers.
We have taken unprecedented risks.
We have brought more members of the American Federal Service.
We have provided more support.
See what I mean?
rather than miss the comments and this and that.
It's very weakly weighted, but if you're going to make the damn point, it is our record, rather than our record, that demonstrates our commitment.
I should have said something.
Percent.
Percent.
Percent.
Percent.
Or even, I put each one a paragraph.
And you think, you know, it sticks out a little bit.
Press will pick it up.
But all in all, I'm not sure that it would be very much strengthened like almost any
And he had a speech, and that's what this is.
And you might put it, rather than going through all the analysis report and coming sort of a lesson away at the end about the arrest, and it sits on a, I would say, this message that I believe, you know, this, this, this, this.
I'm calling for more trouble.
I'm calling for that.
I'm calling for that.
I'm calling for that.
I'll let you guys go on.
I'm inclined to put the conclusions together.
But maybe you have to write it more.
But I think it makes it stronger.
In other words, I would take this.
I think you put the general structure at the beginning.
But then around phase two or three, I think specifically,
page three is where I .
Now I propose to Congress .
And then rather than I propose to Congress, the purpose of my recommendation .
And then go on to say .
He's got it up there already, but I'm fine with it.
Maybe it's after, I don't know.
And maybe it's... Well, it may be, except that I think that without discussing the acts of this faith,
Now, with regard to the general trust, I am inclined to think that you're right about the fact that we
So you really have to have the hard line more at all.
And also the hard line on the 6th grade.
Now those are the two point three that's major, major issues.
White diamond caused the trade off some.
So that we can swap over if we have to.
I don't think it's believable.
I see no reason why you can't say that every child is a child and it's not what you're talking about.
I don't think it's something to go into this business and lose rights.
Also, the right of each plaintiff to do that, I don't like that.
I don't like the right of the Justice Department to get into these kind of cases.
You know, I think that's bad business.
Bad business.
Yeah, but they would, the location of the school was on the page.
But anyway, thank you.
That was it.
It's in the act.
Yeah, yeah, it says that a student could not be assigned to a school.
Some of them are all right, but students could not be assigned to a school.
I'm not sure about either.
I know.
I know.
I know.
But then he goes on to say here that this is all right.
Where he says, construction of new schools, or the closing of inferior schools, and creation of a region of attendance ..
I don't know where the hell it is.
A new school ..
So now, what is your suggestion to what the plan of action will be?
Don't rush it, because, I mean, yeah.
We have to go either, we have to go Friday, for sure, and, uh, Friday, and Thursday, maybe, and take him to the post office.
I'm taking that.
So, look after him, and you have to make it out.
As far as changing the conclusion that he can't be arrested, there's no reason I'm talking about that.
Okay, I think I saw it, and I see it fine, and I'll just leave this thing around.
But, but, but, but, but, but, but, but, but, but, but, but, but, but,
I'm not going to yell at that.
I'm not going to say what's happening.
We don't want to fight off more than we need to now.
Maybe that'll come later.
First, I don't want to say, except for a very few, you know, professional liberals in the country, as far as .
God damn it, we don't believe in .
Isn't that it?
We don't believe busing gets to the top, so we would put a hell of a lot of money into improving schools for people where they are.
I didn't see the... That's an American thing in this draft.
It's the first draft.
It's in the first draft.
We're going to do this.
If we think it means anything, why not put it in?
What do you think?
I don't think you can have a draft.
I don't know how it works.
What do you want to say?
Should we say 7 o'clock in my house?
Is that enough time?
Now, one thing, I think it's very important so that I don't have Elliot and Glenn and others start their own leagues.
That's all I need to say.
But second, I don't want the law to be in this.
I heard all the arguments.
You agree?
Yeah.
And then just say, well, these are things I want to see auctioned for.
But I don't want to get a, I don't want to put out a newspaper show before I do anything.
Now, I know that, I know the concerns, but lawyers will be lying.
If I do nothing better, it happens.
I don't know why, but when you were asking about us, I appreciate that they were not elected.
I was.
I think that's the way to handle it.
I totally agree.
They were elected, not elected.
And there's people who are running for office.
They don't like this.
to move in another direction.
This idea that we have to be agnostic lawyers or experts in the right direction.
How do we get their advice and do what we want?
OK. OK.