Nixon White House Tapes › Tape 533 › Conversation 533-001

Nixon, Haldeman & Laird on Pentagon Papers and Supreme Court

Wednesday, June 30, 1971 · 5:14 PM–6:23 PM ET · Oval Office

ParticipantsNixon, Richard M. (President); Butterfield, Alexander P.; Woods, Rose Mary; Haldeman, H. R. ("Bob"); Laird, Melvin R.; Mitchell, John N.; Kissinger, Henry A.; Ziegler, Ronald L.Conversation533-001 on Tape 533 (tape position 00:01:16–01:08:17)StartWednesday, June 30, 1971 at 5:14 PMEndWednesday, June 30, 1971 at 6:23 PMRecording deviceOval OfficeSourceNixon Library record for 533-001 ↗

President Nixon met with his senior advisors, including H.R. Haldeman, Henry Kissinger, John Mitchell, and Melvin Laird, to determine the administration's strategy following the Supreme Court's ruling allowing the publication of the Pentagon Papers. The President rejected the idea of broad declassification as a response to the court defeat, fearing it would appear like an admission that the government's classification system was worthless. Instead, he decided to maintain a hard line on the prosecution of Daniel Ellsberg, pursue investigations into potential leaks and conspiracies within the government, and direct his staff to target the Brookings Institution to recover classified materials.

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1:43Alex, can you put one of those, uh, I got an answer button, put it on this phone right here?
1:49Sure.
1:49Take a single one off.
1:50I hear you should see.
1:53All right.
1:54Now, use a single phone.
1:55And put a, uh, see how I can use the one down here in the drawer over there?
2:00And put one of those on the wall.
2:01Yeah, again, here, she walks in.
2:05I want one of those.
2:07I want one of those.
2:08Yeah, I want one.
2:09No.
2:10Yeah.
2:11Uh, Rose?
2:12Yeah, uh, if you'd like to, uh, you can bring it over and have some tea.
2:32Bye.
2:32Okay, bye.
2:55The girl in the car.
2:56She's going to go to Smith County.
3:00She's having a great movie.
3:48I'm going to go one quick question.
3:50The last of the lunches was coming up on Saturday.
3:53I don't want to just pose a toast.
3:56I don't want to make any suggested remarks.
4:00I don't want anything else.
4:02Come on in, come on in.
4:30Come on.
4:39We were wondering what was the situation?
5:08Uh, what, what, uh, comment, if anything, you have made, if anything, to be made just as it, when it's made, on this case.
5:14Uh, I'm trying to keep it clear.
5:16I don't, you know, I don't want him to do the canon on the last three court cases.
5:24Well, it hasn't been animated.
5:26Well, that's the opinion.
5:27You had a second opinion, and the first came down.
5:28Well, that's another way of working it.
5:31Yeah.
5:31Yeah.
5:32Okay.
5:36Well, at least at any speed.
5:37If I imagine that they're probably over with the department somehow.
5:39I would like to hear what the time element of the law, I don't know, but in the time element of the law, I've only heard the case of the Saratoges over that, but then here's the time for writing again.
5:51I doubt that those 63 votes that have been in there are going to be once all over again.
6:01So, as far as our opinion is concerned,
6:03I think that we now, I agree with the comment that we should come to court.
6:16But I think we are now in a position where... Well, I'm not going to say on the legal aspects of it.
6:23Well, that's a real hard question.
6:24A hard question is how it affects the function of government and the scientific documents and so forth.
6:31Perhaps the security care of defense would otherwise be more appropriate to talk about than lawyers would.
6:42Go ahead.
6:44Well, I think the only thing that we have to face in our department right now is also this security review is completed.
6:52We know exactly if we can, now we can only take those points that we used before the court and take them out of the bodies.
7:00uh, so that we can protect your criminal case.
7:03On the other hand, on the other hand, oh, but, but if you will disorder us, I understand, uh, the paper's now a criminal, that's the, the gun.
7:10Well, they may not, they, they, they, they probably will be a little careful.
7:14I mean, I don't think they may.
7:16Mr. Preston, would the editors do more of the, the,
7:19the lawyers and the representatives of all the papers.
7:20It would be very helpful if you could have, if such discussions could succeed, and the papers said we are not printing certain documents that we understand would compromise our security.
7:24Well, they're going to back that, but they're going to take out those sections, Mr. President.
7:26They agreed that they would take out certain sections that were... Have they agreed to that?
7:28Well, that's...
7:45I'm not certain if they will stand by that.
7:48So I hope that if they would, that would be fine.
7:50If they don't, you've got to, you're going to have to make the very best of it.
7:58What we should do, I think, Mr. President, is just not play the game with your worship post.
8:02I think we probably should make copies available with our donations right away.
8:08We really can't, but...
8:10Well, but those things, it's like, you know, we're friends.
8:13We want to protect our friends.
8:14Our friends, sure.
8:15We don't want to, if the damn thing is going to come out, I'm not going to let those bad things happen to you.
8:25That's what bothers me.
8:26According to the fact, according to the fact, according to the fact,
8:32that the stolen documents can now be printed by some papers.
8:36I don't have a reason to give them to anybody.
8:39Let me say, I have the Chicago Tribune's World War II documents, you know.
8:44I think of every gun, and they did a lot of painting together.
8:48Every sneaking thing there is.
8:49They're going to get their durians worn out.
8:51They're painting over in my office.
8:52Why?
8:53They're going to have nine persons in a hand full of them.
8:56On those.
8:59Well, you see, they are panicked without even reading the decision.
9:02The other people that stayed away from this.
9:05With very great hand, you see what I mean.
9:07The Harold Chicago Tribune, the Hearst Papers, the Coffey Papers, Greg Daniels, the Men's People, the New York Daily News, stood firm.
9:16And it's just not right to let them sit there and get scooped by the New York Times on this thing.
9:22I just wonder about this, Mr. President.
9:24I have to go fix it.
9:27the people who are making the operation of the government
9:45If possible, and therefore, I... Well, I think we ought to do a little work under cover, and I'd like to ask the commission to do that.
9:55I mean, they don't need permission, but I'd like to ask the commission to do that.
10:00I mean, they don't need permission, but I'd like to ask the commission to do that.
10:05I'd like to ask the commission to do that.
10:07I'd like to ask the commission to do that.
10:11I think we are on high moral grounds, I think the youth men are unsure of themselves right now, and I think we can do this thing around.
10:19I think we ought to maintain the principles of the integrity of the government and the integrity of classified information.
10:26I feel drunk, very drunk.
10:27Henry, we've already begun on the reclassification, speaking back to the World War II, the Korean War.
10:35That stuff is cold hat.
10:37That stuff should have been declassified years ago.
10:40We already started the declassification procedure.
10:43We've simply got to go forward with it.
10:45I think on that, you can be damn sure it's going to get out that we don't do something about it.
10:50And then again, you know, go to our enemies and not to our friends.
10:53That's what I'm concerned about.
10:56Well, I don't know what you'd do.
10:57You'd just stop and say, put nothing out.
10:59But then you got to kind of print it off and see.
11:02As far as I know, you're not just going to get very much over $34,000.
11:07What would you do, though, on this petition?
11:08On this petition, I frankly would not print it off.
11:10It's not that hard.
11:13I, uh... Oh, God, I'm going to have a hell of a time to stand up to the frenzy, perhaps.
11:19I don't give a damn.
11:20But first, I'd like to see the court decision to see what they say.
11:24Will they step distant of what jobs they justified?
11:27That's correct.
11:29That is the purpose.
11:30So, why should there ever be a paper that Errol Alexander of Los Angeles had to pay a syndicate fee to print the New York Times stuff?
11:43That's what they'll do.
11:44They will take the position because I've stolen plastic-like documents.
11:48If we now need plastic-like documents, then anybody who leaves a document with papers
11:55Well, I know Henry's concerned, Mr. President, because there's a lot of papers about it that came out today, and he and you told the President...
12:13that if we take the high ground here, ideally if we do this thing against the people who are already having to provide movement, I think.
12:18Henry, if you take him into the kind of position that I assume is him, he's not going to put out all the material.
12:23What, in effect, he is doing is he's classifying it.
12:28He is classifying the principle.
12:31Yes, he's not going to question putting out classifying material.
12:39I don't have to do it, but I was told that going forward with this declassification review, that we'll just set up a little earlier.
12:47We're ready to go whenever, on these 47 round cases, what we have to go for.
12:51What does all this do to what they're trying to do to, uh, uh, Ellsberg?
12:56Now that Alaska has grown out.
12:59Well, as long as we take out all of the items that we have mined from the Joint Chiefs, from the State Department, and from the National Security Administration of the court, we're going to be okay.
13:12Well, Scott, pardon me, but I was reading these documents.
13:14I was going to say, don't be afraid.
13:17Well, it started last night.
13:18You can call the Supreme Court immediately.
13:20I stood there and read documents.
13:23He was there.
13:24Okay, but he says he's going to go on today.
13:26He was there.
13:27That's the point.
13:28We're not talking about the classified documents act.
13:34You've got to remember, and we've already crossed the bridge, they asked them what classified documents.
13:45But what they may have found, from what I know, is that no director of the National Census does.
13:55I don't know whether the government should put itself in a position of going after a professional.
14:01Well, we know the court has a lot of lawyer duplication as a problem.
14:05How about Henry?
14:07The court has said that the State Department, or the Defense Department, is not saying this.
14:12They're saying that there are documents that are still sensitive, still effective national documents.
14:17But we have a, we have a total of, we've kicked out all the body of three of the negotiations, the last five, two of them, I think we have them.
14:27And then they have them, and I don't think they're published.
14:32Then we would take out both sections of probably the area that is close to about 300, 400 pages.
14:40And then the last body is a negotiation.
14:45My instinct is, Mr. President, I know the argument.
14:51I understand it.
14:53It has been shown by people.
14:56I've read the Q5.
14:57It's an exciting battle for the integrity of government.
15:03No, it's a question, Henry, what do we give?
15:22people of Kansas here, whether we live in New York.
15:25So we have another J.R. problem that has continued to be repressive with respect to this material.
15:29We don't have to report it.
15:30And we don't keep us by the stuff that we have now.
15:35Even our friends in the newspaper, they have their stuff.
15:40I think the newspaper people that I talk to, which may be their own staff, is at this moment terribly insecure.
15:46They're all trying to prove to me that it is really very serious and fluid classifications and all that.
15:55That if we declassify them, it's not getting self-righteous again.
15:58Did you ask about the parts, the key parts that we maintained in the corporate cities were declassified?
16:07Well, I'm very crushing about what I declassified.
16:10I will not grant a fact that's deplistable, that not half of it was garbage anyway.
16:17So what's my answer?
16:18That's what he's saying.
16:20I'm bored.
16:21I don't know what he means.
16:22She said, you know, we have picked up, we have three copies of what they have.
16:27We know what they have.
16:30But what business would you declassify?
16:34I would declassify all of the declassification of all items,
16:39that we used in the court and all items that are going to be used in the court.
16:43But out of the police, there's a volume, not much, would you?
16:48Out of the police, the last six volumes.
16:53And in the other volumes, I would take out all the material that was listed by the State Department.
16:57You see, Henry, you're suggesting here, you've got to say, here's a president who has said
17:05We will enforce the law.
17:07We will go right to the top, seeing to it that the law is, that our views are depressed, but no president is above the law now.
17:19The Supreme Court has spoken.
17:20The Supreme Court says, and we haven't went into the pit, but the Supreme Court says that these documents,
17:29Having been stolen, it probably does, if I understand, does speak to the point that it still retains our legal basis for conviction of theft.
17:43But on the other hand, it says having been stolen and therefore been compromised, that then
17:50A publication cannot be enjoined for printing.
17:53If it says that, then we have no obligation.
17:57Now, whether to, to, to, to, to, uh, to, uh, but actually we have an obligation to follow the court.
18:05That's my point.
18:07Yeah, that'd be good.
18:08I'd be glad to follow the court.
18:10I would like to classify those parts of the documents that you're going to release.
18:22Subject to, I think, the title review of the court decision, it was suggested that perhaps tomorrow we could say something like this.
18:35As previously announced by the White House,
18:39special priority review of the study of the U.S.-Vietnam relations 1945-1968 has been underway for some months.
18:49This review is nearing completion.
18:52In view of the Court's dissolution of the injunctions today, and in view of the disclosures of the material contained in the study, the major portion of the study will shortly be released for publication.
19:08This action will be taken to ensure equitable availability to the information media.
19:14In the short period available for the review of this document, consideration is given to requirements for classification taking into consideration prior disclosures, but did not include any consideration of the factors of accuracy, completeness, or authenticity
19:34the material contained in the study and just leave it like that.
19:42I was trying to stay away from that just a little bit because I would say declassify.
19:55This doesn't bother me as much as declassifying.
19:58Declassify?
19:59I think Henry's got a point there.
20:00Unclassified, I won't declassify.
20:01I'd like to keep them in the position that they resist.
20:04I put it this way.
20:05In view of the way this is happening, and I think now this is the line, in view of the way this is happening, if I can suggest it, why don't we say, why don't we say in effect that
20:22that we are releasing this because the Supreme Court of the United States has allowed so
20:33which were unauthorized, which had been removed from the files and unauthorized, whatever you want to use as a strong word, is because they have allowed that to be released and that they have allowed that to be published.
20:52In fairness to our media, you're allowing them to have those documents.
21:00Gary, how does that sound to you?
21:02In other words, along the ground, the court is being asked here.
21:06Well, that's why I was trying to stay away from this language.
21:08From the declassified.
21:09From the declassified.
21:10The court's doing it.
21:11The court's doing it.
21:12That's one thing.
21:13But if you declassify this stuff, that's something very different.
21:16I agree.
21:17I see your point.
21:18That's my question.
21:19I would like to keep the media in position.
21:21Where they did.
21:22Where they declassified stuff.
21:24That perhaps will increase the pain that we may desire.
21:29The reason the parents really come down to this is that the court, you see, we fought against this.
21:36Here's the whole thing, here's the point.
21:39Now, we fought against printing out the documents.
21:42That was our real position.
21:45And we did.
21:47We lost.
21:48Now, I haven't lost.
21:49We therefore fought, but therefore...
21:52that because the court has made this rule and has allowed classified documents to be, and which were in the possession of a newspaper by reason of unauthorized disclosure or death or whatever you want to call it, that they are now unauthorized.
22:09that the same documents that the court, unauthorized documents that the court has allowed by its decree certain
22:35uh, newspapers to print are being made available to other newspapers to print.
22:39Do you see what I mean?
22:42No, it's not that obvious.
22:43Why not?
22:44Because he's pretty good at holding stuff.
22:48How did, with Holder?
22:49With Holder, with Holder everything.
22:51Holder actually only picked up this printing that McCloskey's having.
22:54It was already up at, uh, Westinghouse's.
22:58And we had their security people hold it up.
23:01We had all of McCloskey's papers.
23:06And he does have some, most of the original documents.
23:10The original documents.
23:13That's the original documents in there.
23:19So one of the volumes is not part of that gene, so I don't know where they came out of.
23:24Let me ask this.
23:25We know, we know.
23:26Who, Dr. Kahn, is the digressant of this name now?
23:29Who is this Paul Cook that you, that Mercer Richardson,
23:33He was a guy that was let out over in ISA as an Air Force captain on the 20th of March, 1969.
23:41He went over to the State Department.
23:43We let him go over there.
23:44The State Department, the State Department, he came and worked over there.
23:50Right.
23:51And he had access to all of the national security memorandums.
23:56Right.
23:56Things like that.
23:57Right.
23:59And now he's over with Richardson.
24:04When he left, he's with Richardson at HEW.
24:08We are fairly certain that he had, quote-unquote, was sucking things too.
24:14You know, maybe I'm speaking out, but I really think there is an experience going on on this whole thing.
24:22You were to call Richardson.
24:24and say that you have learned that, hey, that this is going to break in a column.
24:29I want you to get a cook in.
24:31I want to find out, and I want the son of a bitch fired tomorrow in the event that he's guilty of this.
24:38Do you understand?
24:41What's involved here, this is the guy that made, that made another way to smoke it out.
24:46Maybe he's not a killer.
24:47I think he probably is.
24:47Because he's one of the Harvarders.
24:51Well, we think he's, I don't know, he's a high-tech distributor.
24:54He's a Harvard class of 63.
25:01But anyway, nevertheless, whatever the situation is, we are going to find this guy.
25:06I mean, the way to smoke him out is simply say that this story is not anything we just want to know.
25:11And we want him to find out, what about Mr. Cook?
25:14Did he take classified documents?
25:16Did he pull the stack classified documents?
25:18Did he deserve classified documents?
25:20Who did he get into?
25:23What we think he gave these to our friend, you know, to the banks.
25:28That was for Ellsberg.
25:30Ellsberg got Ellsberg.
25:31Then why didn't Ellsberg get a piece of the Times?
25:34Well, he did.
25:34He gave it to Timothy.
25:35He gave it back to Timothy.
25:37I agree that the Times has some 69 or 70 documents in it.
25:40Is that the point?
25:40I think it's true that probably it was the damn credit he got placed on.
25:46He gave it to Timothy.
25:47He gave it to Timothy.
25:48Ellsberg didn't give it to Timothy.
25:50It was Ellsberg.
25:51The reason this is terribly important, of course, is that we have been saying consistently that these documents do not involve this administration.
26:08Now, this appears now that we were wrong, is that correct?
26:13It does not involve this administration.
26:17It's a technical point.
26:23that we were trying to defend.
26:25They've got all that trash in the back of our documents, which is tonnage, a lot of which is worthless.
26:35And with all the trouble with the haul-out and all that, how can't you be virtually certain that one of the equal amounts of trouble with the haul-out and stuff that is worthwhile about this administration?
26:47But Ellsberg wasn't here after 1968, but Ellsberg is.
26:50How much of it does the rank guard version have, Andy?
26:53None of this, none of this has got stretches back.
26:55Listen, they're going to be, they're going to be, God damn it, they're going to be, we're going to go forward on that.
26:59Oh, yeah.
26:59They're going to be cut off.
27:01They're getting cuts of that information.
27:03Now, we ran right away.
27:04I'm not going to let those bad people over-invent during everything at Randall.
27:07Well, I don't think we can do that.
27:08Yeah, we'll just talk.
27:10All right.
27:11Just saying this about your Brookings.
27:13Brookings.
27:13I don't want anybody at Brookings ever having all their new appearances ready to be cut off.
27:18Immediately.
27:20Is that clear?
27:20At Brookings Institute.
27:22Now, you know what Brookings, you know what our friend tells us?
27:25Brookings has got a lot of stuff now that you want to send a journal over.
27:28Yes.
27:29No, no, no.
27:29The thing to do, I want it done.
27:31You got it.
27:31You.
27:32You, you, you got it.
27:33You know, I had to bring it to the room, but I had to shut my head.
27:36Did you have, did you have, listen, a large pile of, did you have a large pile of glass?
27:40There's a large pile of glass.
27:41I don't know what I want, but I have it.
27:46But Brookings has no contract, but still has a lot of material.
27:48They have a lot of material.
27:49I want, the way I want that handled, Bob, is through another way.
27:54I want Brookings, I want them to just break it up.
27:57Break it up and take it out.
28:00You understand?
28:00Yeah, but you've got to have somebody to do it.
28:03Well, you, that's what I mean.
28:04I'm not discussing here.
28:05You talk to them.
28:06I want to break.
28:07What the hell?
28:08What's they do then?
28:09You're going to break the military?
28:11What is it?
28:11A rifle?
28:11Why?
28:11You don't have any problem with breaking this.
28:13It's in the Defense Department approved.
28:16Security, just go ahead and take it.
28:19Go ahead.
28:19Go ahead and run it.
28:21You're going to have to fly an inspection to the site.
28:24That's right.
28:24You're going to inspect.
28:25Check that.
28:26All right.
28:27The plane is out.
28:28Yeah.
28:28All you have to do is check the security procedure.
28:32We've tried it.
28:33We've tried it.
28:33Give them the clearance.
28:35We've done that.
28:36All right.
28:36All right.
28:37I think Henry's point is well taken, though, with regard to the way it should be handled.
28:40The statement must be handled in a way that
28:45We do not declassify the documents, which would make it appear that they were all worthless in the beginning, in any instance.
28:55But simply that, by reason of stupidity of the court, you know, and in effect turning us back on an unauthorized removal of documents, classified documents, that we have no choice
29:16and then give them only documents that we do not really consider the other.
29:20It doesn't go to that position, of course, if you want to.
29:24I quote that in itself.
29:26I say, why don't you give us the rest?
29:30How do you separate them out?
29:33Well, I think that... You would say the center of our discussion is the publication and the...
29:42I certainly think the Times will not print some of these that he hasn't done.
29:47I hope they do now.
29:48I mean, I want them to get real.
29:52They're tech brilliant, I reckon.
29:54No, I think all of the comment is, again, material references to it, they will leave out.
30:01So far they haven't violated that in their first publication.
30:06No.
30:08And I think negotiating tracks, I think, will keep those up.
30:10At least from what our people tell me, John, that we're in court and we're having to pull a jury and say, well, I'm sure that they're going to do that.
30:19Yes, and they called that through the end of the day when they were in the debate about getting all of those pictures that were filed in court and closed sessions.
30:30Well, that's why they took those papers in, in order to know what the parents felt was pilot-sensitive, so that they wouldn't fall for it.
30:38And that had an influence on our court decision, yeah.
30:42Now, does that sound to you like the best practice?
30:45I believe, I believe, I'm not old enough to know, is it?
30:49I believe that they seem to be adhering this into an offensive issue, as well as this president's briefing, that I stand with, and some other things, too, that I'm with.
31:00Also, I believe that if you take the moral position on this, as a man who fights for integrity and so forth, that this is a strong posture that they will gradually respect and find it on a more practical and less obstructive point.
31:21I regret that this is just the beginning of what we're going to face.
31:26and that if we get into a position where somebody releases a truck full of our documents to a newspaper, and we then use the fact that we can't enjoy the newspaper as an obligation for us to put it out to everybody, I would much rather keep these newspapers as a position where they print it back and buy documents, the court applies the first amendment in a very generous way,
31:55But all they found was it did no electrical damage.
31:58But let's see about that.
31:59We may be able to prove in a little while that it might not have done any electrical damage.
32:06Uh, so for all these reasons I, I'm not basically too sympathetic to pulling them out just because they thought of me.
32:21Well, he had to do that for the court proceedings.
32:33That's right.
32:33That's right.
32:35Because the court forced us into the point, into the point of pointing out the second certificate.
32:42The announcement was made a little differently, John.
32:46The announcement was made that this is further than the 15th of January.
32:52It started as a declassification.
32:53I helped put in, I started this instruction on behalf of the president.
32:59It was...
33:00the series declassification study.
33:01It didn't make any sense.
33:02Not all of it, but it did make sense.
33:04We have to declassify 90% of this paper.
33:10We've got to declassify, though.
33:11We cannot go Henry, hold out the idea that we had a declassification study and then declassify nothing.
33:24No, no.
33:25I do some.
33:25I do some.
33:27That's why we're going to talk to you about it.
33:30We're going to take 3 percent, 25 percent, and state the results of our study.
33:35If you've got to go, I'd do it on the basis of, on the principle of ends, but I think you'll probably want to go to other newspapers, but I think you may be connected six months from now.
33:51I think you'll get a positive plus, and you may build it.
33:55A hell of a decision put on the House of Representatives.
33:57I think we haven't seen the beginning of the decision.
33:59Well, you don't owe any parents to the papers to find the stolen material.
34:04And they have access.
34:05You're not, you can't do anything further than that.
34:08It's just, it's all over the place anyway.
34:13What, uh, I don't see what we can do.
34:16They're there to thank that, like, now they have published and they, uh, I think there's certain advantages in her putting up the documents.
34:24with all the material out that really would be harmful to us, because now I take every paper and feel that at least we are going forward with what we said we were going to do.
34:41Now if we say we're not going to give you any paper, and then... Oh, I've declassified 30% of this part of the declassification prescription.
34:4820%.
34:48I've been very drastic.
34:49I am glad you're winding up with 80% declassification.
34:5180% that proves out of all this case
34:54Uh, it's, uh, I don't say that generally because the position the government has taken in regards to other Western factors, but there aren't any certain parts of this material that was sensitive.
35:11And if we're looking at the national security, the rest of it, of course, would have been declassified anyway.
35:19Well, let's see.
35:21We declassified it.
35:22Many things have been declassified faster than that for the present chance.
35:28Well, I'd like to go see what we get out of it by outputting on these documents now on a declassified basis.
35:35All right?
35:37You get off the hook of trying to be repressive with respect to information.
35:42Well, I think that we're also getting off the hook.
35:47I'm not an expert on public opinion, but we're also getting off the hook of the president defending the integrity of government against thieves who steal 7,000 documents.
36:00Would you take care of that by the fact that they've already been circulated all over the place while you're doing this kind of a fairness standard with the press?
36:08But... Do we owe...
36:11I see that's what you're trying to say.
36:13Before we establish the principle that every time a few hundred documents are stolen, we then have to supply them to the rest of the military because we want to put them to work.
36:20Let me say this.
36:20I want your declassification done.
36:21Why don't you continue your study?
36:28No.
36:29in terms of what you really think should be considered.
36:32You see what I mean?
36:34Not in terms of the fact that the court is all leaked anyway.
36:38I don't think anything should be leaked because
36:43As a result of an unauthorized disclosure, it is printed.
36:47I mean, I don't think anything should be declassified because of an unauthorized disclosure, it has been made public.
36:53I don't believe so.
36:55I believe that the declassification of the series will go right through the line.
37:01How you would have done it if you started on the basis that you were in January 15th?
37:08And how you would have carried the thing out?
37:10We've got that both ways.
37:12We can go both ways.
37:13The trouble is you're going to have a hell of a time when one of those documents appears in the New York Times and isn't in our document.
37:21Then it's going to be up to us what kind of a family classification to see if you have, because...
37:27I don't mind arguing that case.
37:28I think on that ground, I'm here pretty strong.
37:32I think this, I think Henry has this point that the defense, I mean that we, here's where we get down to.
37:41The goddamn Supreme Court should have determined what it should be classified.
37:45They don't know.
37:46The New York Times should have determined it, and Ellsberg should have determined it.
37:50They haven't elected to do that.
37:51We are.
37:53The Congress set it up, and we're going to decide that.
37:57And the idea, that's why the Court is so wrong.
38:00The Court, to get into this thing and determine that this is actually going to be declassified, this is one of the worst decisions the Court's ever had to do.
38:08There's one thing I'm going to do.
38:10I mean, I just won't buy outfits on those bastards, because they've got to go.
38:16Next time, get Stewart off of Bob.
38:19That's his problem.
38:21Jesus Christ, I understand he was out in Georgetown singing from yesterday.
38:26Oh, yesterday.
38:27Last night, you beat him off of Bob.
38:32You beat him off of Bob.
38:33You beat him off of Bob.
38:36And we've shown that we're doing the detailed identification according to whatever principles we have.
38:41The New York Times didn't print 70 percent.
38:43They continue to print 40 percent.
38:46They have these documents.
38:47And Mel does not put out something in his history.
38:57So forth.
38:58There's no justification for the detention of the classification.
39:02You look like a damn fool.
39:04I'd rather not put out anything that could do that.
39:07I think it's just better to keep our study going.
39:10I think you're right.
39:11I think it's best to keep your study going.
39:14I mean, Mel, I think you're right.
39:16I think it's better to say, all right, we'll have a study going, and in due time we will release those things that we think should probably be released.
39:23Period.
39:24That's what I would do.
39:25I do want to do that.
39:26I just want to do that.
39:27Let me say that.
39:28Let me tell you this.
39:29Tell our friends.
39:30I personally, for example, am going to the Cuban Missile Crisis.
39:34I asked for that.
39:36I'm going to get it if I have to break every goddamn bone and every body around this place.
39:42And I have to get that out.
39:44Because that shouldn't be classified anymore.
39:49There's a few things.
39:51But on this one, I think you're, I think you just, I mean, the time has gotten better.
39:57But Mr. Preston, politically, I don't want to get into political parties here, but politically... Why don't you make the person go with the times?
40:05The times, we're all, we're not saying...
40:06Politically, it doesn't hurt for us to have this fact in the house.
40:10But it's gonna be our fault.
40:12I know that it's gonna be our fault.
40:14It's just so that our friends put it out that they have an equal chance to put it out.
40:19They're the ones that are gonna be right.
40:21They're the ones that are gonna be right.
40:25They're the ones that are gonna be right.
40:27They're the ones that are gonna be right.
40:28They're the ones that are gonna be right.
40:32The Chicago Tribune and other friendly papers, they will be friendly on it.
40:36They're going to, and others will.
40:39The Tribune had one of the two editorial supporters.
40:42Right.
40:43And they're sitting right in my office now, this... Creeper.
40:49Sitting right outside of those.
40:52They're all acting on this.
40:53It's a court decision.
40:54You're not saying anything.
40:55You're wrong, right?
40:57You're saying we don't have any point.
40:59I know now what to say.
41:00Right.
41:02Why not?
41:02That's what I didn't receive.
41:04And I just throw it over to Justice all the time.
41:08I'm not going to comment, but why else would I say it?
41:13Because that's the way you finish your briefing.
41:15Yes, sir.
41:17We had all the interagency group over there.
41:19They met today on the declassification.
41:21They're pretty well in agreement.
41:23You know, we can drag this off for another two weeks if that's what you want.
41:28Another three weeks.
41:31Tell them that.
41:32You can't justify any classification.
41:42You can't justify the classified amount of those documents back in 64, 63, 66.
41:46He's correct.
41:46But the point is that you can't justify it or have it classified at all.
41:55That's the point.
41:55It's the system that's wrong.
41:57But the other hand, I can.
42:00Yeah, but I really think
42:03If every assistant secretary has to worry, what is that going to look like six years later when it's released?
42:11We're going to have... That's right.
42:13That's right.
42:14But if that gets to these of you, we're going to have one hell of a government.
42:19I really think this is a very serious period for us, and if we play it seriously, we do think the possibility of turning it into a longer term...
42:34I can't judge what the advantage of the Chicago Tribune is against what we might be able to do six weeks to three months from now.
42:42What would you advise?
42:43What course of action?
42:45I frankly would advise that Richard Nixon would always refuse to be callous to the principles that you will just say, we go ahead with our deep classification study in two times, deep classifies those things.
43:02and let it come out in whichever way.
43:05It's coming out all over the place anyway.
43:09And he's used to make the newspapers feel that they're doing something that is violating the security and make them feel guilty for the beginning, and then later on, when this excitement has started to be put out in government documents or printed form or
43:31As unsigned by government documents, the whole exercise will turn into a miscarriage.
43:38May I just make one point here, because I know it doesn't make a damn difference.
43:43I can go in either way if you want to help.
43:48We will spend the next few months, once you go that route, to just say about 20% of it is published in the papers, the other often about 5%.
44:01We'll spend the next few months defending our whole system of classification.
44:06You've been anywhere.
44:07Well...
44:08If you put this all on, you have to explain how it is.
44:11You haven't shown the way out.
44:13The panacea, what I would think, would not base it all on declassification.
44:18Base it on compromise.
44:20In this particular case, to some extent, unauthorized...
44:22I won't use the word stolen.
44:24But unauthorized documents.
44:27And I think you've got to be...
44:32I suppose if they see what comes out of our documents printed in the New York Times, then I'll, in fairness, put them on as a government document.
44:39Would you do it?
44:43Why, you know, I don't think you'll...
44:45I have certain plans in the office that you probably won't.
44:50Because there is a New York Times and other domains here who want to make sure that your friends write about it in the better light of the New York Times as opposed to the White House.
45:04Well, my instinct is to get into a position of fighting it, rather than letting it go.
45:14Well, that's what you're getting into the plot here.
45:17You're being repressive to the news and all the rest of it.
45:24You can't argue with the classification system, in which we know that things have a sudden mega-damage.
45:33Ted, I told you to read this.
45:35If you get sucked in, if you let yourself get sucked into a position where every individual classification has to be defended, the government is going to be in bad shape over a period of time.
45:44It's because you have to look at it in terms of the conflict.
45:49Well, we're going to be in bad shape after this, but we're going to tell you that.
45:55Okay, but Ted, sure, we should be fighting each other and cooperating.
45:59Well, we're fighting our friends, then.
46:03No, we are repenting, taking a position just in New York Times, that our enemies printed, classified documents, that the court hasn't taken away all the court has said.
46:15That it hasn't done irreparable damage.
46:18Well, is it alright to do irreparable damage?
46:22Uh, they don't even know.
46:23We may be able to prove that they might have done a certain damage or some things that the court didn't notice.
46:31And we may be able to prove that the court is not qualified to do this sort of judgment in some form.
46:40And it's for a public opinion, not for the court.
46:45Well, that's a public opinion.
46:47So you haven't connected to no part of television just by fighting in public, but on television?
46:51Well, after a lot of our folks went out there on television and started working on this, because you can't do it by yourself, you've got to get out there and start back again.
47:04I don't mind, for example, many, most of the newsmen I speak to now say there's anything in, very damning in these documents anyway.
47:14I think, I think that's good.
47:15That's why it's hard to justify some of the classification I'm getting.
47:22Yeah, but I think they're getting a little bit fewer in the public sector.
47:28Well,
47:28Well, let me suggest this now.
47:30Let's not decide it tonight.
47:34Can you hold it overnight?
47:37Oh, sure, yeah.
47:37We wouldn't say anything until tomorrow.
47:40I don't want to get that report delivered to me.
47:44We've got a version of the papers that could go public now.
47:48Yeah.
47:48And I'm going to be gone for, I'll take it for ten days.
47:51I didn't think it was ever going to be reported.
47:53When are you going to be ready?
47:58They're supposed to give me that report, and I just didn't want them to give it to me.
48:03Let me, let me, I don't know.
48:04Well, we ordered, we ordered the deflexification, and for the court here, Mitchell had to have that report.
48:10His solicitor general had to have it in court.
48:13We're going to have to have a line that we can defend under the directive.
48:17Yeah.
48:18Because we got it.
48:18We have to prove it.
48:19And these papers know every item.
48:23No.
48:24It's.
48:27No class, I don't think so.
48:29They're terrible.
48:30No, but we had to pay attention to pictures, eh?
48:34In the court we proved, we tried to prove what we'd done, the irreparable national damage.
48:39Oh, Jim, another chance to do anything.
48:41But I don't think we take the position that things that seem to do simple damage that we can't enjoy.
48:46It's all fair game, my friend.
48:48You can't be sure.
48:49I think the court has just said that.
48:51Yeah, but it had to be spelled.
48:53The court has said it.
48:54The court has said it.
48:56The test is, though, as far as the court is concerned, anything can be printed that does not fool your government.
49:02You may be wrong, but it can't let the government...
49:05They said it can't be printed early that you can't stop them ahead of time from printing it.
49:11You still have that criminal recourse, don't you?
49:16That's the reason why I didn't think about that.
49:21There's four basic questions that I do agree on, so we don't stay at the end.
49:27The questions that I got, well, they were continued in the sequence that I've heard.
49:40Will the government- Do you refer to that, or did you say yes?
49:43I just didn't say thank any of us.
49:46I said one thing, no comment.
49:48I see, good, that's good.
49:50Declassification, will the government declassify the voice of waters on the hill now that the court has ruled?
49:59Will the president reaffirm his commitment to the first amendment and- No.
50:06Well, of course, there's a letter of speech on the 7th.
50:08Will the government have a comment on this?
50:10That's why.
50:12Oh, you haven't got a decision yet.
50:16Depends.
50:18Do you see any opinions?
50:20Well, there are nine opinions.
50:21Are there nine opinions?
50:24Where are they?
50:25You've got to hear.
50:27No, the government, the lawyers have them around here.
50:32Well, they have them.
50:33I see.
50:33I get everybody right here.
50:34Everyone will agree to it.
50:39I don't know if it's already happened before.
50:43It's early, depending on the market, because that's what he wants to do.
50:46He likes it.
50:47So he just wrote it and printed it, probably just on the first minute.
50:51That's about right.
50:52Just stay right where you are.
50:53We're not going to answer any of these questions tonight.
50:58Mr. President, why didn't you say yes on Ellsberg?
51:03Why didn't you say yes on Ellsberg?
51:06Why didn't you say yes on Ellsberg?
51:10Why didn't you say yes on Ellsberg?
51:12Why didn't you say yes on Ellsberg?
51:14Why didn't you say yes on Ellsberg?
51:16Why didn't you say yes on Ellsberg?
51:20Why didn't you say yes on Ellsberg?
51:22And I said, I'd be that son of a bitch forever.
51:25Now, do you want the FBI to pick up this copy of the question?
51:31No, not yet.
51:32No, I want, this is the way to find out.
51:34What's this?
51:35Elliot Richards said it's to bring him in.
51:36He used to say, now, tell me.
51:39This is going to be a, this is, otherwise he'll find out he's a clever little bastard like this other guy.
51:44I want to bring him in.
51:47and tell him that this story is going to be printed in a couple of days, that a columnist passed it.
51:52We've got to know.
51:53In other words, and then we'll find out.
51:55We may find out a lot more.
51:57I see these guys in the car, so we may start to check.
51:58See, our records show that he left again on the 21st of March, 69.
52:01That was the story after me.
52:08And our records show security, the reason that he was being questioned on security, as far as our department is concerned.
52:18And so the State Department took him on.
52:21This is under questioning on a security problem.
52:23Yeah.
52:23The time he left.
52:23And he goes to the State.
52:26He went to his car over there.
52:26And now our records, and we checked this out, show that he is with HGW now.
52:30And I assume he went over there.
52:32I'm not sure of the dates, but I just assume that he probably transferred me to the helicopter.
52:38Now, I could have called LA, but I am not talking to Chris, because I have a little responsibility.
52:45I don't like to do this to tell Kevin people not to give him this information.
52:52All right.
52:53I just feel that I have to do that.
52:55That's fine.
52:55I don't know, but I want Elliot to get him in.
52:59And I'd like to catch him quickly before he gets his defenses built.
53:03See my point?
53:04I don't want to get him in on just a normal kind of thing.
53:10I know this kind of guy.
53:10You've got to catch him unawares.
53:12And Elliot brings him right in.
53:15And I want to find out how Elliot shouldn't have taken him.
53:20God damn, with this kind of a record, he should not have made it in the state.
53:24Well, he must be kind of a kooky guy.
53:25He's got a big experience in understanding these, uh... Yeah.
53:27I don't know, just, just...
53:28I don't know what the matter is with him.
53:30I don't know if the president wants to run the line if he wants to take on this case.
53:36I've already spoken to him about that.
53:39Well, first of all, we will proceed now.
53:44The court has spoken with regard to the classification of documents.
53:51And we have now proceeded in that for that remedy.
53:56But as far as the criminal charges are concerned,
54:03But of course they are, the court is, and is going to have to read the opinions on it, that the court's opinion clearly does not impair the criminal prosecution of the young, and that we are going to continue to protect the classification system and continue to prosecute individuals who
54:21and have an authorized disclosure.
54:23So that's the line you've got to take there.
54:25You've got to be next to that, haven't you?
54:27What else would you say?
54:28Oh, no, no, no, that's a good point.
54:30Well, some should, somebody in the field that has the security problem like Malcolm not raising up with this decision as to what it does to her classification system.
54:41Well, you can't.
54:41Well, I can't do it.
54:43Well, I'll charge you a classification of this type of material, but I guess I'm not going to give you some thoughts on that.
54:52It's a very unfortunate decision.
54:54You might say that.
54:54Well, I don't know if I'd say that.
54:56But I think it applies to the foreign policy field just as much as it does to the nation's.
55:01As a matter of fact, the foreign policy field does the nation's.
55:04Well, because, I'll tell you why.
55:08Because of the voter policy, because we're not only foreign governments, but the state department has got so much stuff in there.
55:18And also the defense generally doesn't do this much.
55:21But anyway.
55:25Let us, let me think now about the, I think Henry has a point about whether we want to proceed as much, slow your declassification down and say, well, you gotta take a look at that.
55:37You see what I mean?
55:38Well, I got to go to this.
55:40They want to report to me and I don't want to report to that.
55:45Well, I know, I know.
55:46But in the meantime, it may be that you'll have to, that we'll have to take, isn't he really the one to take that position?
55:54Well, Rockford should have.
55:55Did we talk to him?
55:56I spoke with Rockford, sir.
55:58Rockford, this is for the Senate.
56:00He told you, I understand, that he would say something out.
56:02It's our decision.
56:03He was ready to speak out.
56:04Yeah.
56:04Did he tell you that?
56:05He told us at the time we were trying to get him to say something before.
56:13He is, it seems to me, for all kinds of reasons, would be a much better spokesman and secretary.
56:19That's right.
56:19Because it doesn't involve his papers.
56:22It doesn't involve the newspaper, but also he's the former Attorney General as well as Secretary of State and the former Attorney for the newspapers.
56:31Well, you get it on the phone, Scott.
56:33You get it on the phone.
56:34You get it on the phone.
56:35He's in the dark speaking, and after he finishes tonight, just be left early.
56:40I don't know what his speech is, but it's something I was thinking about.
56:45Could you do that?
56:48In the meantime, let's see where this leads everybody.
56:50You've got what you need to say.
56:53So you're going to proceed with this in your annual study opinion.
56:56With regard to that, as far as you're concerned, how long do you say that we get back to how we want to have it?
57:03Well, you know, they say that the study is going forward.
57:06We promised that it would be ready in 45 days in court.
57:09Yeah, fine.
57:10Don't get your time.
57:10Fine.
57:11You're six.
57:11Yeah, yeah, we got it.
57:13They came out on this January 15th date.
57:16Now, we've got to discount that January 15th because I don't use that date anymore.
57:23Well, that's right.
57:24That's right.
57:25We've got to say that we started on these papers just about a week or so ago.
57:31That's right.
57:31Under the January 15th date.
57:33That didn't have anything to do with it.
57:34It had to do with declassification generally.
57:35This is part of the declassification.
57:36We might have gotten to that in about two years.
57:37That's another thing we can't tell the story on that, unless it was also this study.
57:57That's a different problem.
57:59I don't want to give the impression you've been studying these damn papers since the 15th of January.
58:04Well, I don't want to go into privacy now.
58:06Yeah, well, all right.
58:08They don't have to get into privacy.
58:10It's fine.
58:11So the other point is that you would say that the declassification, that is, it could take 45 days to take 45 days.
58:19Now, the question of making the papers available to other papers,
58:23I think that's off the top of my head.
58:27Let me just take a night on it and see what they do there.
58:32You lean to doing that, do you?
58:36Well, I lean to doing it as long as we have it.
58:41As long as we go up in 45 days, Mr. President, we are going to do this.
58:48Then I mean towards taking care of our people.
58:51Well, we may not want to do it, but we may go on the attack the other way.
58:54Well, we've already said we're going to do it in court.
58:56We've said publicly, the Attorney General has said that we need...
58:59I did put the 8% in class, but I did put the 15%, 25%.
59:06Well, in court...
59:07There's a big difference between saying 20% does irreverible damage and not everything that doesn't do irreverible damage to people in those places.
59:17You see, his point is that the fact that the printed papers have been printed, and the fact that the Court has held that as far as the injunction is concerned, that 80%, for example, can be safely printed,
59:36might not, that should not prejudice your decision with regard to whether they should or should not be classified.
59:46In other words, that would be a very different matter, because the classification does bear on matters that may not be at the level that are recordable language, but are at the level that are criminal, basically.
59:57I understand, Mr. President, this is just for people.
1:00:01Justin did a reading that there were only three people that sent it to your page.
1:00:06There were three that came along and sent it to the person that had the number three that took the idea that the police gave it to him, he didn't have to take it anyway, and he can't do it.
1:00:20These are the card decisions.
1:00:22Yeah.
1:00:22What were the other three that they sent?
1:00:23Well, three because they're equal to our credit.
1:00:26Said there was irreparable damage.
1:00:28Three others said the verses of the commandment prevailed.
1:00:32Prevails, even though it is irreparable.
1:00:34Jesus Christ, isn't that something?
1:00:37We'll have a free press and have a country lose its head.
1:00:40That's the hell of a thing.
1:00:43And anybody ever says, well, the president committed himself to freedom of the press, you just say, well, what's the next question?
1:00:52You're goddamn right, I will not.
1:00:56Not this kind of freedom.
1:00:59I never had any.
1:01:01I'd love to get in that fight, but we're not going to go.
1:01:06I'm not so concerned about this.
1:01:07Not anymore.
1:01:08Scali and those people are all concerned about their president.
1:01:12I'm not going to talk about these factors all my life, but I can pretend to.
1:01:15I'm not concerned about the test problem, but I'm concerned about our problem.
1:01:21That's right.
1:01:22We're going to have to find out what kind of control it takes.
1:01:25I don't think we're going to be able to help.
1:01:26That's why I think a little harder here may help our problem.
1:01:30But I'll tell you one thing, I want, look, I want to get, he is guilty, he's going to be out tomorrow, I want to move on it, but before that... Well, I think it's... And now, do you want to go over to...
1:01:38There's a whole conspiracy, though, to see how many others are involved.
1:01:40Well, who the hell is investigating the conspiracy?
1:01:42What number is it?
1:01:43Isn't it weird looking at it?
1:01:45I don't know.
1:01:46I can't ask.
1:01:46I'm totally not.
1:01:47We can ask some of our people, and I don't think we might talk about it, Mr. President.
1:01:55some of your people, what they found me.
1:01:57Yeah, you know what that means.
1:02:01They have a few undercover people doing all the work.
1:02:03Right, I love it.
1:02:04Go after them.
1:02:04I think you and I don't think that it's a good question about it.
1:02:08And I'll go after them.
1:02:09I'll get them to look it up and get them from each state now.
1:02:11And I think the water criminal charges made against quite a few people that are going to follow up here now and they won't do it again.
1:02:18The president's going to do it again soon.
1:02:21Yeah.
1:02:28Well, Rob, I'd like to just sort of go out there and put your little jacket on, your steel jacket.
1:02:33Why don't you do that?
1:02:34They don't expect a night of an opinion, so I don't have enough for us to do.
1:02:37Is the president going to make a speech?
1:02:39Why should I?
1:02:39Why don't you make a speech on this?
1:02:41We might get some of our few people that we can do on a very quiet basis in the background that you're on some of these.
1:02:52Oh, absolutely.
1:02:54Oh, absolutely.
1:02:55That's where we play our game.
1:02:57Now, when you do that, get it out every which way you can, though.
1:03:03I'll be in with you, but you'll need to pray.
1:03:06Well, I'm going to have to get my load deployed.
1:03:08I want to sign up with you and God, and I know how to play that game.
1:03:13I know how to play that game.
1:03:14It'll have a lot of fun.
1:03:16I know a few people are prepared to use it, too.
1:03:17Why?
1:03:21No, not again.
1:03:23I think that I think that I think that I'm pretty functional for us to declassify because the court says that irreparable damage is unstable.
1:03:42Well, I'm not sure about declassification.
1:03:43That's why I'm careful about that.
1:03:44Well, that's the thing.
1:03:45You've got to be careful about that.
1:03:46Well, I noticed that your language was regarded better, and I couldn't agree more with that.
1:03:48I think that Henry's point there is well taken.
1:03:49We should not declassify.
1:03:57because the student got in that court.
1:03:58Says this sort of thing.
1:04:00I think, Mr. President, we played wrong this time.
1:04:03Son of a bitch.
1:04:04A year from now, we've got to take a lot of pay.
1:04:08We're going to take them all.
1:04:10Don't worry.
1:04:11But it's got to be Henry on the right case at the right time.
1:04:15We've got to go after this Ellsberg thing.
1:04:18It's got to be skillfully handled.
1:04:19It's got to be skilled.
1:04:20It's got to be skillfully handled.
1:04:22Mr. President, just looking at it just a little bit politically.
1:04:27Sure.
1:04:27I'll take these papers in the hands of some of our friends who do us a lot of good.
1:04:30I'm telling you, Mr. President, you're right.
1:04:33And they'll be dead if we let the Times and the Post run the first one.
1:04:40I think I don't doubt that we can make political haste, but I think even at the end of the night with the polls, they're driving the Democrats crazy.
1:04:55They're not building us so much, but they're driving themselves crazy.
1:05:00I'll be making a little starter point on it in our own papers.
1:05:05None of the Democrats that I see around us
1:05:09are feeling good about these papers.
1:05:12On the other hand, for a three-league shot, they may be losing a much more long-term position.
1:05:19Plus the fact that this thing is going to come back to haunt us when they start leaking out documents and then say, all right, we did it, but Johnson made it.
1:05:29Now, yeah, it makes you another point that I'm concerned about.
1:05:33You said about two or three leagues, Henry.
1:05:37After that whole thing is gone, it seems we're not really set up.
1:05:42What does it mean?
1:05:43Yes, but no one is sure that they haven't heard us yet as documents.
1:05:45What they've heard of is all this screaming about freedom of the press.
1:05:50But we haven't been heard by the documents.
1:05:53Even the New York Times and the Washington Post have an anti-entity article in the New York Times, no matter how screwed up.
1:05:59It tells us some good, and the Chicago Tribune is loose to some effectiveness.
1:06:04I haven't seen the details.
1:06:07The New York Times can get spread by the New York Times readers and the Chicago Tribune can get spread by the Tribune readers.
1:06:12And the Tribune readers don't read the Times, and the Times readers don't read the Tribune, and hardly anybody reads either one.
1:06:21When it's all done, we said, why are two paragraphs from our services?
1:06:26And all of that, it says on TV, it doesn't have a purpose.
1:06:30But everybody gets through the work and has to be willing to go on TV and attend our decisions.
1:06:36We carry out a responsibility under the law to protect the national interest of the country and enforce the law of the land.
1:06:47That's what we're going to do.
1:06:59And we will continue to follow our legal remedies and the directions that the court may not rule on.
1:07:05And the legal remedies to protect the classification, to protect the security of the country.
1:07:11That's about it.
1:07:12You know it ain't earlier than I know.
1:07:15Because we wouldn't go on and I didn't think we should go on.
1:07:18So they interview a law student?
1:07:20No, they're putting it out in the New York Times.
1:07:23I strangled Anthony down at bed rest.
1:07:26I'm sure it would be the two guys.
1:07:27Well, not for an hour.
1:07:28They're so self-serving.
1:07:29I know, but I mean, they're not for an hour.
1:07:31I don't know.
1:07:32Oh, I didn't mind at all.
1:07:34Kind of like the local network.
1:07:36What?
1:07:36NBC.
1:07:38But, uh, hell no, I didn't mind.
1:07:43I mean, I just... Well, so, anyway, I should come here and talk to you.
1:07:51Tell Ken I'm sorry I missed him, Mr. President.
1:07:54What's that?
1:07:54Tell Ken I'm sorry I missed him.
1:07:57Oh, yeah, if you want, yeah, go over there now.
1:07:59Thanks, I got your back.
1:08:01That's just my opinion.
1:08:02Yeah.
1:08:03Yeah, you better read it and let us know what you're reading.
1:08:07All right, let's go, Mr. President.
1:08:11Thank you.
1:08:15Why?
1:08:15Look, we understand all of this.
1:08:16That's why we're here.
1:08:16I know there are a lot of issues.
1:08:17I know there are a lot of issues.

On June 30, 1971, President Richard M. Nixon, Alexander P. Butterfield, Rose Mary Woods, H. R. ("Bob") Haldeman, Melvin R. Laird, John N. Mitchell, Henry A. Kissinger, and Ronald L. Ziegler met in the Oval Office of the White House from 5:14 pm to 6:23 pm. The Oval Office taping system captured this recording, which is known as Conversation 533-001 of the White House Tapes.

Conversation No. 533-1

Date: June 30, 1971
Time: 5:14 pm - 6:23 pm
Location: Oval Office

The President met with Alexander P. Butterfield.

     Telephone
          -Rose Mary Woods

[President talked with Rose Mary Woods between 5:14 pm and 5:15 pm]

[Conversation No. 533-1A]

[See Conversation No. 6-60; one item has been withdrawn]

[End of telephone conversation]

     Cynthia Frink
          -Plans

     [Signing documents]

H.R. (“Bob”) Haldeman entered at an unknown time after 5:15 pm.

     President's schedule
          -Toast
                 -Peru

Melvin R. Laird, John N. Mitchell, Henry A. Kissinger entered at 5:17 pm.

     President's schedule
          -William E. Timmons’ suggestion
          -Alvin E. O'Konski
          -Invitations

Butterfield left at an unknown time before 5:46 pm.

     Pentagon Papers
          -Supreme Court
               -Decision

     -Ronald L. Ziegler's possible comment
     -Status
     -Effects
     -Document security
     -Department of Defense [DOD]
            -Document review
     -Publication of documents
     -Sanitization of documents
-New York Times, Washington Post
     -Chicago Tribune
-Availability of documents
-Possible release
     -Supreme Court decision
-Chicago Tribune
     -Release of World War II and Korean War documents
     -Hearst papers, Copley papers, New York Daily News
-Administration's position
     -Release of information
     -Press uncertainty
     -Declassification
            -World War II and Korean War documents
     -Release of documents
     -Court decision
            -Justification
     -Heart papers
            -Los Angeles Herald-Examiner
     -Declassification
            -Possible effect
     -Additional documents
     -Diplomacy
            -Impact
     -Declassification review
     -Daniel Ellsberg
     -Michael Gravel
     -Sanitization of documents
-Hugh Scott, Philip A. Hart
     -Gravel
     -Activities
-Administration's position
     -Declassification
            -Supreme Court's decision
            -Negotiations

           -Kissinger’s position
           -Public relations
           -Extent
           -Prior restraint of publications
           -Supreme Court's decision
     -Statement
     -Declassification
-Supreme Court decision
     -Administration's position
     -Administration's response
           -Declassification and release of documents
           -Terminology
           -Media position
           -Availability of documents to the press
           -Paul N. (“Pete”) McCloskey, Jr.
                 -Possession of documents
                       -Westinghouse Corporation
-Charles M. Cooke [?]
     -Elliot L. Richardson
           -Department of Health, Education, and Welfare [HEW]
     -Background
     -Duties
     -Possible actions
     -Haldeman's forthcoming call to Richardson
     -Possible actions
           -Charles McC. Mathias, Jr.
           -Ellsberg
-New York Times
-Content
     -Robert S. McNamara study
     -Research and Development Corporation [RAND]
-Rand Corp.
-Brookings institute
     -Possible break-in
           -Haldeman's possible conversation with an unknown person
-Administration's possible response
     -Statement
           -Declassification
-Release of documents
-Possible New York Times action
     -Supreme Court decision
-Administration's possible response

               -Effects of Supreme Court decision
               -Kissinger’s view
               -Publication of documents
                     -Impact
                           -Damage to national interest
                           -DOD
               -Declassification
                     -Extent
                     -Access
                     -Government’s court position
                     -Lyndon B. Johnson efforts
                     -Public opinion
                     -Integrity of government
                     -Declassification study
                     -Release of documents
                     -Leaks
                     -Procedures
          -Supreme Court decision
               -New York Times
               -Ellsberg
               -Potter Stewart
                     -Health
          -Administration's possible response
               -Declassification
                     -Justification
                     -Cuban missile crisis
                     -President’s view
          -Ramifications
               -Release of documents
                     -New York Times
                     -Chicago Tribune

Ziegler entered at an unknown time after 5:17 pm.

          -Ziegler's statements
          -Press briefings
          -Department of Justice
          -Declassification
               -Interagency group
               -System of classification
          -Release of documents
          -Kissinger’s view

     -Chicago Tribune
     -Declassification study
     -Release of documents
-Declassification
     -System of classification
           -Defense of system
                 -Effect
     -New York Times
     -Washington Post
     -Publication of Pentagon Papers
           -Public opinion
     -Public opinion
     -Timing of decision
     -Delivery of report
           -Laird's schedule
           -J. Fred Buzhardt, Jr.
           -Solicitor General
-Supreme Court's ruling
     -Prior restraint
     -Possible criminal prosecution
-Administration's possible action
-Questions directed to Ziegler
     -Ziegler's responses
           -Supreme Court opinion
           -Defendants
                 -Leonard Garment
                 -Prosecution of Ellsberg
                       -Department of Justice
-Cooke [?]
     -Federal Bureau of Investigation [FBI]
     -Forthcoming conversation with Richardson
     -Government service
           -DOD
           -Department of State
           -HEW
-Administration's possible response
     -Justice Department
     -Supreme Court's decision
           -Effect on prosecution
           -Classification system
                 -Unauthorized disclosure
-System of classification

-Effect on national security
      -Laird
      -William P. Rogers
-Declassification
      -Kissinger’s view
      -Completion date
-Rogers
      -Possible statement
-Release of documents
-Declassification
      -Completion date
      -Public statements
-Availability to the press
      -Damage to national interest
      -Richard A. Moore, John A. Scali
-Cooke
-President’s view
-Possible conspiracy
      -J. Edgar Hoover
      -Laird's investigation
      -Brookings Institution
            -Break-in
-Administration's possible response
      -Criminal charges
      -Ziegler's press briefings
            -Presidential statement
      -Backgrounders
-Declassification
      -Rationale
-Ellsberg
-Release of documents
      -Effect
            -Democrats
-Possible New York Times article
      -John F. Kennedy
            -Effect
-New York Times
-Washington Post
-Chicago Tribune
-Impact of publication
-Articles
-Wire service reports

            -Administration's possible response
                -Rationale
                -Television
                      -McCloskey
                      -New York Times
                      -Max Frankel
                      -Benjamin C. Bradlee
                      -National Broadcasting Corporation [NBC]

      Mitchell's schedule
           -W. Kenneth Riland

      Pentagon Papers
           -Possible administration response

The President, et al., left at 6:23 pm.
  • 006-059 3:08 PM · 2 min — President Richard M. Nixon and Charles W. Colson talked on the telephone from 3:08 pm to 3:09 pm.
  • 532-024 3:08 PM · 18 sec — President Richard M. Nixon and Stephen B. Bull met in the Oval Office of the White House at 3:08 pm.
  • 006-060 5:14 PM · 38 sec — President Richard M. Nixon and Rose Mary Woods talked on the telephone from 5:14 pm to 5:15 pm.
  • 006-061 6:23 PM · 6 sec — President Richard M. Nixon and the White House operator talked on the telephone at an unknown time between 6:23 pm and 7:22 pm.
  • 533-002 6:23 PM · 2 min — United States Secret Service agents met in the Oval Office of the White House at an unknown time between 6:23 pm and 10:35 pm.
  • 006-062 7:22 PM · 5 min — President Richard M. Nixon and H. R. ("Bob") Haldeman talked on the telephone from 7:22 pm to 7:27 pm.
  • 006-063 7:28 PM · 46 sec — President Richard M. Nixon and Alexander P. Butterfield talked on the telephone from 7:28 pm to 7:29 pm.
  • 006-064 7:29 PM · 6 sec — President Richard M. Nixon and the White House operator talked on the telephone at 7:29 pm.

Conversation 533-001, June 30, 1971. White House Tapes, Richard Nixon Presidential Library and Museum, National Archives. Audio and AI transcript via Easy Nixon, https://www.easynixon.org/tapes/533-001 (accessed October 21, 2026).