Nixon White House Tapes › Tape 866 › Conversation 866-017

Nixon & Dean on Watergate investigation and Executive privilege

Thursday, March 1, 1973 · 1:06 PM–1:14 PM ET · Oval Office · 10 min

ParticipantsNixon, Richard M. (President); [Unknown person(s)]; Dean, John W., IIIConversation866-017 on Tape 866StartThursday, March 1, 1973 at 1:06 PMEndThursday, March 1, 1973 at 1:14 PMRecording deviceOval OfficeSourceNixon Library record for 866-017 ↗ · National Archives Catalog, NAID 417182645 ↗

AI Summary

President Nixon and John Dean discussed the Watergate investigation, specifically focusing on precedents for releasing information to Congress and the implications of a past "freeze" order that restricted FBI information sharing. They reviewed historical examples, including the Dr. Condon case and the Harry S. Truman precedent, to distinguish the White House's current posture on executive privilege from past actions. Nixon emphasized the importance of providing information through interrogatories rather than formal hearings to avoid a "circus." The conversation also touched upon Attorney General Kleindienst's loyalty and his close relationship with John Mitchell, whom Nixon identified as the most vulnerable figure in the unfolding scandal.

Audio

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NARA Description

On March 1, 1973, President Richard M. Nixon, unknown person(s), and John W. Dean, III met in the Oval Office of the White House from 1:06 pm to 1:14 pm. The Oval Office taping system captured this recording, which is known as Conversation 866-017 of the White House Tapes.

Nixon Library Finding Aid

Conversation No. 866-17

Date: March 1, 1973
Time: 1:06 pm – 1:14 pm
Location: Oval Office

The President met with an unknown person.

       John W. Dean, III’s arrival

Dean entered and the unknown person left at 1:06 pm.

       Watergate investigation
            -The President's conversation with Richard G. Kleindienst
            -Dean's notes on precedents on information release
            -A "freeze" order
                  -Page in report
                        -Information from Federal Bureau of Investigation [FBI]

             -Dr. Connally
             -FBI files
                   -Raw files to Congress
                   -Harry S. Truman precedent
                   -Clark R. Mollenhoff
                         -Executive privilege

             -White House Staff
                   -Procedures for obtaining information
                         -Mollenhoff
                   -Willingness of White House to reveal information to Congress
                   -Testimony issue characterized
             -Attorney General
                   -Dealings with Dean
                         -Pressure on Kleindienst
                               -Loyalty
                               -Affection for John N. Mitchell
                   -Mitchell
                         -Vulnerability
                                            -39-

                   NIXON PRESIDENTIAL LIBRARY AND MUSEUM

                                                            Conversation No. 866-17 (cont’d)

       Weather

Dean left at 1:14 pm.

Transcript (AI-generated)

This transcript was made by an AI model listening to the recording (gemini-3.8-flash) and has not been reviewed for accuracy. Speaker names are the model's inference from the voices and the participant list. Words and names can still be wrong — verify against the audio and the finding aid before citing.

Download transcript (.txt) · JSON data

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UnknownGood morning.
NixonYeah.
NixonOh, yeah. A little bit higher talk [unintelligible]
DeanYeah. What you said, I just reread that, and marked really the key parts where the beef resides. Toward the end, it was noted throughout the history
NixonThe president's freeze order.
DeanAnd towards the end on the [crosstalk] page that I
NixonThank you. Did you mark the place where he had the freeze order?
DeanYeah, it's in the back here on what's numbered page 1005.
DeanOn August 5th today, Mr. Hiss first appeared before the committee, and made charges, the committee made against him, the president's [unintelligible]
NixonWhere?
DeanAh, page 105.
Nixon"He, the President, had directed, had issued an order to all administrative agencies of the government refusing to turn over any information related to the loyalty of a government employee to a congressional committee."
NixonNow what the hell is that?
DeanThat was a wall, falling right down.
NixonTotally. Totally hit us. From that time on, we didn't get anything from the FBI or anything else.
NixonThat's what I meant. That's a pretty shocking precedent.
DeanIt is. There's another example here that I found in the records that has my files in the Dr. Condon situation.
NixonOh, yeah.
DeanHere, let's take a look at Dr. Condon.
DeanWhere the double lines are there is the pertinent remark made at that point.

— 1 min 8 s with no transcribed speech —

Nixon"He was persuaded that, bona fide, fact to say, the order is necessary to the interest of our internal security, in order to preserve the confidential character of sources of the [unintelligible] to protect loyal employees who have been subjects of unfounded
Nixonor disproved allegations." In other words, he judged it on that case, and Clinton said we're not going to cooperate. Get the raw files.
DeanThat's the, I think that's what Clark Mollenhoff might at some point raise with you, to try to impeach any position you took on executive privilege. But I don't think that's a problem, because it's, can be so fairly distinguished from
Deanone, the posture we're taking in the statement you're issuing on executive privilege, and that's talking about under normal circumstances a White House member declines to appear. It's not talking about the appearance of members of the President's staff. It's talking about procedures for gaining information.
DeanWe're talking about a different situation. We are, we have never said that we wouldn't provide information. We don't say that in that statement, either.
DeanUh-
NixonThat's right. That's all I was asking for. I wasn't asking for people to testify.
DeanYou're asking for the information.
NixonI was asking for the information, exactly.
DeanRight. Right.
NixonI think it would be good to point that out to our friend Clark Mollenhoff.
DeanThat's right.
NixonThat all we asked for was information, and they refused the information.
NixonAnd therefore, we've got a, particularly we've got a strong, on that way, that we were willing to furnish the information, but it's on the basis of a proper way. That is, we'll do it on the basis of interrogatories, but not on the basis
Nixonof a hearing, a formal hearing before a committee.
DeanThat preserves the, the the precedent, the principle, and doesn't let them make a circus out of who they bring up to the Hill.
NixonThat's it. Obviously.
DeanSo I think we can do that. We can make that distinction. We can keep ourself well-postured, so that they can't say that you're hiding information.
Deanabout anything related to the Watergate at any time, that we can provide information. Question is and they get up there and start
Deanbuzzing around, and playing on one word and things like that.
NixonOh, all right. Good. Well, thank you, Dick. What else?
DeanAll right, sir. How did, how did the AG- How is Dick, the Attorney General, after his movie ordeal, morning?
NixonYes, sir. He will. I know that.
NixonWell, I got, I think the point is you've got to keep in close touch.
DeanAll right.
NixonI hit him hard on me, I mean, without any, once they produce [unintelligible] with him for a while, the best way to do is softly, and constantly, keep, keep his attention on that Dick's deal, but the other thing, oh, Dick is so loyal.
DeanOh, absolutely. Uh-
NixonYeah, he's a great uh, there's no stronger political supporter we've got.
NixonThe only thing you've got to keep hanging over him, too, he is, he is cautious, isn't he?
NixonEnormously indebted to Mitchell, loves him like a father,
Nixonand I, just gotta tell him that, that's the guy that's the most vulnerable here.
DeanHe is.
NixonThat's right, he is.
NixonWe talk about the White House staff, everybody else. Sure, they might have known something. I don't think they did, hell, if they smarted. You talk about somebody winding up in jail, well, in Mitchell's case
Nixonthe presumption is he did.
DeanYeah. That's right.
NixonHard to imagine he did, but he probably did.
DeanCorrect. That's absolutely right.
NixonAnd that's why you better start getting busy on that thing.
DeanYeah.
NixonWell, I don't think we need it today, it's warm.
DeanIt is warm. It's nice out today.
NixonAll right.

Also recorded on March 1, 1973

  • 866-016 12:41 PM · 24 min — President Richard M. Nixon, Ronald L. Ziegler, and Henry A. Kissinger met in the Oval Office of the White House from 12:41 pm to 1:06 pm.
  • 866-022 1:14 PM · 25 sec — unknown person(s) and United States Secret Service agents met in the Oval Office of the White House at an unknown time between 1:14 pm and 3:06 pm.
  • 416-003 1:15 PM · 6 min — President Richard M. Nixon, Manolo Sanchez, Stephen B. Bull, and H. R. ("Bob") Haldeman met in the President's office in the Old Executive Office Building from 1:15 pm to 1:25 pm.
  • 416-004 1:25 PM · 1 min — President Richard M. Nixon and Manolo Sanchez met in the President's office in the Old Executive Office Building at an unknown time between 1:25 pm and 3:02 pm.
  • 416-005 1:25 PM · 12 sec — President Richard M. Nixon and Manolo Sanchez met in the President's office in the Old Executive Office Building at an unknown time between 1:25 pm and 3:02 pm.
  • 416-006 1:25 PM · 3 min — President Richard M. Nixon met in the President's office in the Old Executive Office Building at an unknown time between 1:25 pm and 3:02 pm.
  • 416-051 3:02 PM · 21 sec — unknown person(s) met in the President's office in the Old Executive Office Building at an unknown time between 3:02 pm and 3:35 pm.
  • 866-018 3:02 PM · 9 sec — President Richard M. Nixon and unknown person(s) met in the Oval Office of the White House at an unknown time between 3:02 pm and 3:06 pm.

All 53 conversations from March 1, 1973 →

Cite this conversation

Conversation 866-017, March 1, 1973. White House Tapes, Richard Nixon Presidential Library and Museum, National Archives (NAID 417182645). Audio and AI transcript via Easy Nixon, https://www.easynixon.org/tapes/866-017 (accessed November 15, 2026).