On March 29, 1972, President Richard M. Nixon, H. R. ("Bob") Haldeman, White House operator, and Richard G. Kleindienst met in the President's office in the Old Executive Office Building from 4:00 pm to 4:48 pm. The Old Executive Office Building taping system captured this recording, which is known as Conversation 328-023 of the White House Tapes.
Transcript (AI-Generated)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 Do not cite this transcript as authoritative.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.
I've been talking to you about Mitchell, and I'm aware that Mitchell and Marty make a very different view of the problems they talk about.
They should be around.
Mitchell changed his view this morning.
He said, well, he does.
Last night, he said, I heard this morning that a cop will be out today with the D.I.C.T.
lawyer.
And, uh, yesterday,
where he totally indicts John Mitchell.
In his affidavit, he states that Reinecke told Mitchell prior to the settlement, both of the $400,000.
So he confirmed Reinecke's original statement, which Mitchell has denied.
Is that in the record now?
I'm sure.
Well, Wally Johnson told
Mitchell this morning, that that's what this lawyer that Mitchell was so anxious to get on the stand was going to say.
Mitchell saw the light follow this up and decided to get very close to hearings today.
At this point, he and Marty had already turned east when they were out on the top of the hill today.
Mitchell called Marty and ordered him to get up there and get the hearings closed.
Marty and Arlene were going to be for the bigger thing.
Marty doesn't know about the adaptation of that thing.
The bigger thing, okay.
and the world and all sorts of stuff.
And to hear all this out and all that now, our guys, well, so that's probably what Mitchell did.
But then Mitchell, within a couple hours, did another, it was too late to turn off the air, the boat, the two-minute boat, and he started going the other way.
And Marty wasn't convinced and wouldn't do it anyway.
Then, however, Marty got up to Eastman and ordered him to do something.
And somewhere within the next couple of hours Mitchell changed his ground again and settled on the building.
And the conclusion that's drawn is that Martin says that Eastland says he's agreed not to call that moment.
And he hasn't been calling any more witnesses.
And Dean is the last witness that included second concession.
For that moment, Nate's still not being on his way.
He's still introducing himself to Eastland.
Mitchell is no longer pushing for the other witnesses.
Our guys think that what Mitchell, Martin, and Eastman are all going for now, because Eastman has said this, in other words, it is a non-confirmation and non-vote.
Until after the election, Mr. Reitlein needs to do his acting AG for the election.
And it is a job.
And that's the deal that Mitchell is working with Eastman on trying to do.
The problem with that is whether the process for everyone to get their hearings turned on.
Because Eastman obviously shows his inability to deliver on his various plans to turn things off.
Scott, today, is pushing hard to sever the issue.
I heard him mention, I believe, Gregor's
The view is that Scott and Mathias, who are the Republican Senators, are looking for a way to get off the boat, David and I, but the way they're acting, they're not ready to stand up on it.
For us to infer your standing firm now, in the midst of our session over there, for us to call a barrier and say that Bob is leaving town for three weeks and went to Cook and asked him to take a line there, the committee vote on her and Cook, of course, turned it down.
and they figured that Niasse would probably vote with them.
So, O'Garrett called Niasse.
Niasse committed to O'Garrett that he would not take a parent, nor would he take any other person in the organization.
He said, well, he won't confirm to us, he'll vote with us, but he didn't confirm.
He said, well, he won't keep his mind.
There ain't all that.
The closest to keeping that on is that we should not withdraw from this, and all that we do is cause the Democrats very hard
for an evisceration and to switch the landing and be an admission to guilt.
Unless we have a provocation, then they start with the options.
We could force or try to force a floor vote on a motion to recommit.
And if the motion to recommit fails, then we've got the thing in essence on the floor.
The motion to recommit passed.
Then we know Kleindienst is lost.
And then Kleindienst, with drugs, has got an issue on which he will withdraw.
Very good comment, I take it.
The other thing is we could force a vote in the committee and throw it.
I mean, there's about a couple of other things off the hook.
It includes the vote in the committee about how Kleindienst reacted to the loss of the committee building.
And other.
This is for Kleindienst.
I'm taking the move we talked about a little bit out of the elevator.
And other.
We're still going on the down-to-conference bill here this whole time.
Well, this is about the issue, some of his case, and I say, and I call for an end to this travesty of justice and up or down vote in the United States Senate, and whether or not I believe, as Attorney General, you have a very hard, gutsy, blunt-meets-blunt vote.
Just like, uh, another of his next speeches, right?
That's right.
Uh, when will you do that?
Hi, my name is Colson Porter.
How long have you been here?
Hello, I'm Colson.
I'm here today to be sure that you've done a very good job.
Please tell me after that thing yesterday had come down on us.
I've been looking to get the hearings terminated.
It doesn't make an awful lot of difference whether or not you made a line to the school.
I'm going to testify that we are in a position to glorify those who did this in my hearing, which is good.
Thank you very much.
Thank you very much.
The other thing that they're talking about is they want to get the life charges here.
They're talking about
About the suffering of the issue,
that it is the worst of all possible worlds because you might get findings not confirmed.
Second, you can take it to the hearing.
Is the hearing we're concerned about?
We're not concerned about findings.
That's the whole point.
That's where hard evidence goes.
Eventually, now we get to see that.
They don't want us to worry about it.
They don't actually do nothing before they do it.
Apparently, it's hard to ease when you've got that.
You've got to get it turned off so he's not mad or worried about that.
What the hell is this lawyer?
Do we have something else to do?
Maybe it is.
I'm trying to do something to do with that.
Don't mention the horse.
I mean, it's quite possible that Mitchell would bring that up.
If Kenny and Mitch do it, he couldn't have cared less, which is perfect.
But he wasn't telling the case.
Now, why would he give the answer?
He probably said the Sheraton Hotel.
Mitch would have none of you connected to Sheraton.
I wouldn't have.
That's the whole point.
But he said that Ryan, he didn't tell him.
So he's got a problem.
Stuff goes down.
I didn't mean to hit it back off and say, well, maybe it was in September that it was broken.
The fact is that it's not quite half my favorite version, which I thought it would be best to buy it.
I hope so.
It's very likely that Brian can hold it in that.
It's over $400,000.
It's weird.
It is, isn't it?
I don't know.
I don't know.
I don't know.
I don't know.
I don't know.
They have Janine on now.
He's supposed to be doing a good job.
When he finishes, supposedly, he says they go to executive session.
Now he's going to start saying things differently.
Now, granted, this is the Irving question.
I'm a Republican.
Now, there's an argument that Flanagan will just leave with Irving.
That'll get him.
That's true.
That would solve the problem.
That's what I'm concerned about with Irvin too.
The Republicans think that Irvin will
He's satisfied that he can sit down and talk to the plaintiff.
In other words, he's just concerned about satisfying himself.
McGregor questions whether that's all Ervin wants, that Ervin probably wants the plaintiff to call for it.
I mean, this Ervin issue is not the question of the plaintiff's guilt.
It's the question of the executive privilege.
Correct.
And a private meeting wouldn't satisfy that, maybe, would it?
That would, probably.
Yes, I'm going to try.
On the basis of Senator Cardin's setup, I would be happy to go through all of this in total detail with you on a formal basis.
Any questions you have, satisfy any questions you have at all.
That will satisfy your request.
They think that Irvin will then reject that and say, no, I would not want the privilege.
It was not according to the rest of the committee, you know.
He's going to say that the Republican members don't.
The Republican members say all Irvin wants is to satisfy himself.
Okay.
Let's try to at least find out.
Clark's trying not to say anything.
No, I guess I would work you on it.
I think Clark's probably going to worry about it.
I don't know.
What I wanted to say was this, though, in a sense.
I think that since this is a political investigation, it's better advised to have Mitchell, you know, if he's on the right side of it, handling these calls and so forth and so on, than having the White House, you know, host it in a very different way than this.
Now, I hate to be wrong about that, but I just don't believe it.
Looking at the relationship that Mitchell has with Eastwood, it would never be a Mitchell-ish move, right?
Apparently, Mitchell is just going to be a good boy.
That's exactly right.
And our guy is going to be a good boy.
Well, let's call this the hardest position.
You've got Mitchell, Vardy, and Eastman.
It's not an objective counter to the interests of the voting.
They're not concerned with the hearings.
They're concerned about this nomination.
Yes, the Chief is about to hike another dead farm in Eastman, but I'm not sure.
I can't think of a thousand potential gifts.
I have, I can't say that myself, as these guys do, I'm not sure.
Mitchell will agree that the hearing should be closed, but Mitchell is inclined to go along and think that they will be closed and that they don't need to push.
So if you turn it over to Mitchell, he won't do all the stuff that needs to be done.
All right.
That's probably bad.
The deal with Eastland probably isn't good, I don't know.
Maybe not.
You've got to get everybody on the same track.
But Mitchell will be back, won't he?
Mitchell won't do the things, for instance, like calling the bias and making sure he doesn't take a barrel with him to the fire.
Mitchell will be back, won't he?
I just want to see your first name.
There is no need to be paying for doing anything today or tomorrow.
I just want to see your first name.
I mean, let's come again to the thing.
First, we've got to keep Scott from severing people with that train.
That's a good word for me, yes.
And Bernie is solidly with us on that.
And Scott's our lead model.
He has an arm of scoffing speaking.
And he fails to do it.
He's the leader.
He thinks he's supposed to get the confirmation.
Unless, well, back to the very, very, very, very, very, very, very, very, very, very, very, very,
They may not finish with you.
They may call you again and start with the name, but when they finish with you, they will go to therapy or something.
There's something to say.
Whether it's a deer or something like that.
There's a question to come up with exactly what you're saying.
And our guys would go with exactly what you're saying.
There's where you have to find a disease with or something to determine how you do it.
I don't know.
I don't know.
I don't know.
I don't know.
I don't know.
I don't know.
.
.
.
.
I don't know how many years.
So, did you come to that, looking at the 20 degrees?
You know what I mean?
We haven't yet, correct?
You know what I mean?
You know what I mean?
Climbing isn't just, uh, you know, climbing or so-called, you know, running against climbing.
It's like you're running, you're running, you're running.
It's like you're in a firm, you know, in a state of mind.
You're in a club, you're in a club.
You're in a club.
You're in a club.
You're in a club.
You're in a club.
You're in a club.
You're in a club.
The idea of the Clintons not being in the United States of America, of them, the Democrats, being in the room against the law, and the current general issue of law and law in the United States of America.
We're so much under the cloud that we cannot be confirmed in the United States of America.
All that is wrong.
There's a weakness.
The more I think about it today, the more I'm starting to think about it today.
There's a weakness.
It's a hell of a problem.
It gives him a lot of issues.
Everything he does, he's identified as the acting attorney general, and that keeps the issue rolling.
So, there's probably another...
I don't know.
I don't know how he did it.
I don't know.
I don't know.
I don't think it makes much of a difference.
Unless you're under a lot of pressure, the most strong he makes it is if he just doesn't.
If the Democrats don't push, use that as a way to push the issue harder.
You've got to do it on an offensive basis.
You can't just stay up between his legs and walk out.
You need some kind of a therapy to push you where you're at.
... ... ... ... ... ...
that are included in the paper and on the board.
I like that's what they seem to think.
They can't take it back.
They no longer have jurisdiction.
They record it out in matters that's on the calendar.
That I think has some kind of...
He did that.
And then...
It's a clear plane.
It's a clear plane.
It's a clear plane.
It's a clear plane.
It's a clear plane.
You don't think you go up too close.
No, I'm saying they get the vote to recommit.
I mean, they fail.
They take the vote, and it fails to recommit, and it fails.
And you're back to these problems, and you're right where you are now.
The implications that we already have, I mean, the puzzles that there are, and what is in the present.
Plaintiffs cannot, in my opinion, live, cannot stay,
Let me show you once again what we're up against now.
Let us suppose that Eastwood is successful.
Eastwood, you know, you can stop him here.
Bring him up.
Because, and to be able to delay, as you said, you can go right now.
Many people move to try and get a committee very quickly over themselves.
and they make as much fuss on it.
Run that fuss as long as they can find it.
Once they've run that out, assuming it's made in real time, then they live the whole damn movie thing for as long as they want.
That's why.
Because that's the way to keep it in the public eye, which is something you really want to glorify.
And I'm looking forward to them coming instead.
And why won't you send it to us?
The filibuster is going to look bad after a while here.
This side of the sun is what we're talking about.
If you love this dip, this is where it's going to be.
It's going to sit on the floor right there.
That's where it's going to be.
Let me have those.
We've got to get that thing out of the way.
That's what I heard you talking about.
I think he's going to need to be a little bit careful.
And I don't believe that, somehow, I think he's got to find a way to do it.
I don't think the Colson way is going to be the good way.
I don't think that's the viable way at all.
I don't think, you know, if you send a call to him, I might not confirm the agreement.
I'm not going to do the coverage of that guy.
That will not close.
Oh, yes, it will.
No, it won't close.
I think what has to be done has got to be done sharply and clearly.
I think you could probably create a provocation in a way that would wait a while.
And if they do a little filibuster, you could use that as a provocation.
I'm trying to put it on the menu, but wait until it's in.
It's still there.
I'm going to put it for a month.
And then just say, obviously, they're not going to do anything like this.
I'm going to draw.
And you've got a bag or something over here, and like I mentioned, I'm going to try to put another one up.
It's going to take about a quarter of a week.
I'm going to put another one up.
Yeah, they were trying to get a closer vote.
They're bringing the goddamn thing up.
The other thing is, he started jumping with Andy in the back.
It's too bad, actually, for Pliny to say, I just want to throw him on the end, because it's clearly politics and the Senate is going to deny it.
What was wrong with doing that now before the air explosion?
Today, actually, right after the air explosion, they put it in the center.
On the basis that we understand that the people won't.
They say, well, why did you pull out?
Why were you afraid to put it in the center?
Except for the hearings that you asked for.
The re-open hearings, when you have those, how far are you pulling out right at the end of it?
That's the way my consent is designed.
Since we've got to give the weight a few weeks in some way to prove that the Senate is going to do it, it's an opportunity.
The point, I don't think, stands up that the debate in the Senate is going to make the weight of the hearings.
You know, they don't have to do with consent today.
It's hard to do.
It's hard to do.
It's hard to do.
It's hard to do.
It's hard to do.
It's hard to bend the pattern on all of these.
We've been in trouble on each one.
Doing this and that.
Oh.
We've heard of another area.
Well, Eastman's management isn't good.
No.
Eastman's management isn't good.
And it sort of sneers at you.
It goes over here.
It goes over there.
It goes over there.
It goes over there.
It goes over there.
It goes over there.
It goes over there.
But then findings turns to a director and says, well, you've got to get any confirmed.
If you don't have any confirmed by June 1st, you're not going to be able to get a third.
And those findings are saying it's up to you to get it confirmed.
I wonder if it's after all.
It's all something that's important.
And I was like, huh, I'm not going to be doing that job.
And they got out of it.
And I was like, well, what's the problem?
Because, you know, I'm going to go to this job here.
And they were talking about it a lot.
And they brought me to this place.
And I thought, you know, you'll be able to actually say to you, I'll get out.
But I think he has to say that.
He's told me that.
That's what I'm talking about.
I'll say that.
I'm sure you all know that.
I'll say that.
What the strategy ought to be.
I know we've just got to come back to it.
We ought to be here when we come to it.
It sure shouldn't be told.
Not posted or anything.
I know that.
But what about, or should we not have McGregor?
Maybe it should be a more, maybe it should.
Maybe it should, maybe.
Aren't you all on McGregor's point?
Yeah.
You know all the points.
I think my niece would be more frank.
Without McGregor, without Mr. Weir, without anybody else here, I don't think I'd be in the process.
Oh, I know that.
I know that.
I know anybody else would be.
We know that.
Yeah.
That's come to be.
I think it would be a problem to have early.
Disaster to have Colson.
Maybe not.
I just don't know.
I think there's no need to.
No need to have, I don't think there's no need to have him go beyond.
Call now.
See if you can drop over.
Oh, this is so bad.
I don't know.
Go up to EOP.
Watch it.
I had to get up at 7.30, 7.34, and I would go back at 6.45 and see what the situation was.
I was there at 5.30.
I was down at 5.30.
I was very, very, very, very, very, very, very, very, very, very, very, very, very,
You don't like the transfiguration of Jesus Christ?
That's a very nice thing to say.
We always spoke well of you.
The person thought it might be a good idea to get a little chat with your people here and understand how they look.
And I wonder if you'd better get them over now.
In order to avoid creating any stir, why don't you come in and sound around and say anything you want to hear.
Okay.
Just don't say anything.
So we don't get people stirred up.
Well, you know, you must have a television camera.
Oh, is that right?
Oh.
You're so among the other folks around here that creates problems.
Okay.
That'll be the one.
Yeah.
See if you, uh... Go to fire.
I'm totally guarding the south-west drive.
Stop skating.
Roger that, everyone.
Let's walk over there now.
I didn't want to say too much to him.
I think I scared him to death.