Nixon White House Tapes › Tape 575 › Conversation 575-004

Nixon, Ziegler & Burger on Hugo Black and Supreme Court

Friday, September 17, 1971 · 4:24 PM–4:33 PM ET · Oval Office

ParticipantsNixon, Richard M. (President); Ziegler, Ronald L.; Butterfield, Alexander P.; White House operator; Burger, Warren E.; Bull, Stephen B.Conversation575-004 on Tape 575 (tape position 01:24:20–01:32:59)StartFriday, September 17, 1971 at 4:24 PMEndFriday, September 17, 1971 at 4:33 PMRecording deviceOval OfficeSourceNixon Library record for 575-004 ↗

President Nixon consulted with staff and Chief Justice Warren E. Burger regarding the public announcement of Supreme Court Justice Hugo Black's sudden resignation. The participants coordinated a messaging strategy for press secretary Ronald Ziegler to handle media inquiries, specifically emphasizing that the President would seek the "best qualified" successor rather than committing to geographic or ideological litmus tests. The discussion also addressed the timeline of when the White House received Black's formal letter and the necessary coordination with Attorney General John Mitchell.

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This conversation has not yet been cut into its own clip, so the player above contains the full tape segment shared with neighbouring conversations. It begins about 01:24:20 into the tape and ends around 01:32:59.

This transcript was generated automatically by AI (WhisperX) and has not been reviewed for accuracy. Names and numbers are often wrong; speakers are not identified. Do not cite it as authoritative — verify against the audio and the finding aid.

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· Timestamps are positions within the full tape recording.
1:25:03As you know, we received at 3.30 the letter of retirement from Hugo Black and Justin Black.
1:25:40I will then be asked, did we anticipate this?
1:25:47No, we did not.
1:26:06I'm going to say the Chief Justice called earlier than 3 o'clock to say a messenger was on the way over, and I'll put a little dramatic, and it arrived here at 3.37.
1:26:13Another thing you can say is that the President is in his true appearance anymore.
1:27:17Let me ask you on a personal basis that I don't know quite how to handle this, as to whether you think that perhaps...
1:29:24Oh, you mean the announcement regarding the retirement?
1:29:29I think it's going to be, it's almost inevitable, it's already, it's already attached to the press corps today.
1:29:33You know, they apparently got to, they must be something off to the thing.
1:29:38Yeah, yeah.
1:29:46And it's, let me say that on the successor of that campaign,
1:29:53under basis that I will want to have a problem with you at the proper time.
1:30:42Ja.
1:31:18Is that on Chief Justice yet?
1:31:20Well, I think Attorney General's worked it all out.
1:31:21I think we should just go ahead with it.
1:31:23He says you should announce it.
1:31:24You're sure he doesn't?
1:31:25And I'm going to go call the Attorney General again right now.
1:31:27All right, fine.
1:31:27So, go ahead and do it.
1:31:28Mr. Thompson, I think so.
1:31:28All right.
1:31:29And I'll double-check that we... Now, I know that I... Now, there's two other quick things that I'm going to get the guy to do.
1:31:33They will ask...
1:31:52When do you expect, how soon?
1:31:54Well, the president has just been informed, unless he will look for the best qualified man.
1:31:59Next question.
1:31:59Does the president intend to appoint a strict constructionist?
1:32:02Gentlemen, the president is going to look for the best qualified man.
1:32:05Well, this is just saying, I would say no, I'm not going to comment on that, except for the president's best constructionist.
1:32:09No, he is going to be strict constructionist.
1:32:11I would say, I'm not going to comment.
1:32:36Best qualified man.
1:32:39In other words, I will not...
1:32:44I will not limit it.
1:32:46I will not limit it geographically.
1:32:48I will just say he will look all over the country for the best qualified man.
1:32:51Did I say that?
1:32:52Well...

On September 17, 1971, President Richard M. Nixon, Ronald L. Ziegler, Alexander P. Butterfield, White House operator, Warren E. Burger, and Stephen B. Bull met in the Oval Office of the White House from 4:24 pm to 4:33 pm. The Oval Office taping system captured this recording, which is known as Conversation 575-004 of the White House Tapes.

Conversation No. 575-4

Date: September 17, 1971
Time: 4:24 pm - 4:33 pm
Location: Oval Office

The President met with Ronald L. Ziegler and Alexander P. Butterfield.
[This recording begins at an unknown time while the meeting is in progress]

     John D. Ehrlichman

     Deferment of action

Butterfield left at an unknown time before 4:28 pm.

     Supreme Court
          -Hugo L. Black
              -Letter of resignation
                    -Timing
                    -Ziegler's announcement
                          -Time

                            -John N. Mitchell
                            -H. R. (“Bob”) Haldeman
                            -Ehrlichman
                            -Warren E. Burger

The President talked with the White House operator at an unknown time between 4:24 pm and
4:28 pm.

[Conversation No. 575-4A]

[See Conversation No. 575-4B]

     Call to Burger

[End of telephone conversation]

     Supreme Court
          -Resignation of Black
               -Information
               -Ziegler’s statement
               -Time
               -Letter
                     -Time
                     -Meeting
                     -Ehrlichman
                     -Health reasons for resignation
          -Burger
               -Call to Ehrlichman
                     -Time
          -The President's statement
               -Supreme Court appearances
                     -Black's qualities as Justice
                           -Handling of issues

The President talked with Burger between 4:28 pm and 4:32 pm.

[Conversation No. 575-4B]

[See Conversation No. 9-63]

[End of telephone conversation]

     Supreme Court
          -Resignation of Black
          -Announcement
               -Burger's idea
          -Ziegler's forthcoming call to Mitchell
          -Resignation of Black
               -Press questions
                      -Anticipation
                      -Successor
                            -Qualifications
                                 -The President’s previous comments

Stephen B. Bull entered at an unknown time after 4:32 pm.

     President’s schedule

     Robert T. Stafford

Bull left at an unknown time before 4:33 pm.

     Supreme Court
          -Successor to Black
               -Answers to press
                     -Qualifications
                          -Geography

     Stafford meeting
           -Photographers

     Black
          -Forthcoming story
          -Supreme Court

Ziegler left at 4:33 pm.
  • 076-001 2:30 PM — President Richard M. Nixon and bipartisan Congressional leaders, including John G. Tower, Wallace F. Bennett, William Proxmire, Allen J. Ellender, Milton R. Young, John J. Sparkman, Norris Cotton, Harrison A. Williams, Jr., Jacob K. Javits, Herman E. Talmadge, Jack R. Miller, Robert C. Byrd, Hugh Scott, Michael J. ("Mike") Mansfield, Wright Patman, George H. Mahon, Frank T. Bow, William L. Springer, Albert H. Quie, William R. Poage, Page Belcher, [Thomas] Hale Boggs, Gerald R. Ford, Carl B. Albert, George P. Shultz, Herbert Stein, Charls E. Walker, Clark MacGregor, William E. Timmons, and John B. Connally [?], met in the Cabinet Room of the White House at an unknown time between 2:30 pm and 4:24 pm.
  • 575-003 2:32 PM · 5 min — President Richard M. Nixon, Manolo Sanchez, Stephen B. Bull, and George P. Shultz met in the Oval Office of the White House at an unknown time between 2:32 pm and 2:37 pm.
  • 076-002 4:24 PM — unknown person(s) met in the Cabinet Room of the White House at an unknown time between 4:24 pm and 4:26 pm.
  • 009-063 4:28 PM · 4 min — President Richard M. Nixon and Warren E. Burger talked on the telephone from 4:28 pm to 4:32 pm.
  • 009-064 4:32 PM · 6 sec — President Richard M. Nixon and the White House operator talked on the telephone at an unknown time between 4:32 pm and 7:48 pm.
  • 575-005 4:34 PM · 7 min — President Richard M. Nixon, Robert T. Stafford, Helen C. Stafford, Neil Houston, William E. Timmons, and Charles W. Colson met in the Oval Office of the White House from 4:34 pm to 4:41 pm.
  • 575-006 4:41 PM · 1 min — President Richard M. Nixon and Stephen B. Bull met in the Oval Office of the White House at an unknown time between 4:41 pm and 4:43 pm.
  • 575-007 4:43 PM · 1 hr 39 min — President Richard M. Nixon, H. R. ("Bob") Haldeman, Stephen B. Bull, John D. Ehrlichman, Manolo Sanchez, Henry A. Kissinger, Alexander P. Butterfield, Ronald L. Ziegler, and Eugene V. Risher met in the Oval Office of the White House from 4:43 pm to 6:24 pm.

Conversation 575-004, September 17, 1971. White House Tapes, Richard Nixon Presidential Library and Museum, National Archives. Audio and AI transcript via Easy Nixon, https://www.easynixon.org/tapes/575-004 (accessed October 12, 2026).