Nixon White House TapesTape 898 › Conversation 898-002

Nixon & Dean on Watergate and John Mitchell

Tuesday, April 17, 1973 · 9:19 AM–9:25 AM ET · Oval Office ·7 min

ParticipantsNixon, Richard M. (President);  Dean, John W., IIIConversation898-002 onTape 898StartTuesday, April 17, 1973 at 9:19 AMEndTuesday, April 17, 1973 at 9:25 AMRecording deviceOval OfficeSourceNixon Library record for 898-002 ↗

President Nixon and John Dean discussed ongoing legal strategies and the risks associated with the unfolding Watergate situation, specifically addressing concerns about judicial procedures and potential constitutional challenges. They deliberated on the handling of court appearances and the implications of open court proceedings for figures like John Mitchell. Nixon tasked Dean with providing a discreet analysis of these constitutional vulnerabilities to better understand their legal standing as the investigation intensified.

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Hello?
Yeah.
Hi, John.
You got your piece of paper yet?
Oh, I see.
Yeah, yeah.
I got it.
But that's, uh, that's what you would, uh, uh, that's the one you would, uh, you would approve.
Do you have any
variations.
Let me guess, I'm hearing two texts.
Maybe about, we've been here with the Prime Minister, maybe about 3 o'clock we can
Two-thirty or three o'clock, you're great.
And honor we the thing.
And there's one other possible approach.
Get your document on.
It's very helpful.
I mean, honestly, I was on with Dr. Bill Rocker's children.
We're trying to sort of get them.
As you know, the approach can vary.
It depends on how we handle it.
That's the main thing.
And I don't handle it in a way that, uh, uh, that, uh, that, uh, differentiates between the whole situation, you know.
As it has, as it must, depending upon what, what the moments are.
But, uh, I see the, uh, but you, you would kindly say, uh, John, do you think the current approach is the best one?
See, the problem is you've got
I'm very lucky to have anything said at this point, you see, because they haven't, huh?
Wow.
Yeah, well, it's easy.
My brother, my brother Carl, and I talk to some of your people, they have a guy in there, and he doesn't tell me, doesn't say something, and I said, no, look here, I'm going to get out of here.
What do they do?
What would you do?
Just get out and do it?
I just, we can't take responsibility for that.
I don't think you do something like that.
I don't think you do something like that.
I don't think you do something like that.
Would you do that?
That's the thing that I think is very important here because, uh,
I could have said something Monday, and I talked to Peterson, and he said, I prefer not to come.
Remember what we were talking about?
Resignation and all that sort of thing.
And he said, no.
Remember, I told you.
And I said, all right, I'm out of here.
I just can't be in that.
I mean, I can't be in a position that he said, well, the city is here to be present.
And I said, well, let me tell you what's the effect on it.
I said, what's the situation?
So, I don't know.
Well, sure, we don't have any follow-up.
Thank you, but we don't have to do a thing today.
Because they don't think they're going to have to.
They won't have a recruiter today.
And they're probably not until tomorrow.
That'll be their first hour we miss.
You know their procedure there, apparently.
It's an open court.
And a bad open court to make a statement, apparently.
They said it was asking .
So they said .
I'm wondering about that procedure.
It's a little tough, isn't it?
It's very risky as far as .
I mean, I would think Mitchell and all have a pretty tough, I mean, have a good constitutional .
Yeah.
Give me a little feelin' on that.
Don't let them know I'm checkin' on that, but give me your, give me a little rundown on that, and I'm fightin' up to the third or three.
Okay, okay, hope you got a good night's sleep.
Well, let me tell you, he might know the other boy he hasn't got.
An unstopper at Bonnie John, you all, you're good friends, and I said, you fought in a good fight, and you'll live to fight on.
That's the important thing.
I said, all right, I'll look here.
I just can't be in that.
I mean, I can't be in a position for that.
He said, well, the city jurors will be present.
I said, well, let me tell you.
What's the effect on us and what's the situation?
So, I don't know.
What jurors?
We don't have any.
Well, think about it.
We don't have to do a thing today because they don't think they're going to have your honor.
They won't have a juror today.
And they're probably not until tomorrow.
That'll be their first R we missed.
I mean, you know, their procedure there apparently didn't go out.
I can't say that.
An open court, uh, an open court and they'd stay for the crime.
I mean, they know they could do that, but we don't know.
They, I mean, they said, I was, I was, uh, asking, uh, I was asking questions anyway, so they said we just didn't have a next statement.
I'm wondering about that procedure.
It's a little, a little tough, isn't it?
It's very risky as far as deprivation.
I mean, I would think Mitchell and all have a pretty tough, you may have a good constitutional question there with me.
Yeah.
Give me something.
Give me a little feeling on that.
Don't let them know I'm checking on that thing.
Give me your, give me a little rundown on that.
And I'm quite honestly very intrigued.
Okay, okay.
Hope you got a good night's sleep.
Everyone, you can't keep dating.
But let me tell you, if I told the other boy I wasn't gone, I'd stop everybody gone.
You all, you're good friends, and I said, you fought a good fight, and you'll live a good life.
That's the important thing.

On April 17, 1973, President Richard M. Nixon and John W. Dean, III met in the Oval Office of the White House from 9:19 am to 9:25 am. The Oval Office taping system captured this recording, which is known as Conversation 898-002 of the White House Tapes.

Conversation No. 898-2

Date: April 17, 1973
Time: 9:19 am-9:25 am
Location: Oval Office

The President talked with John W. Dean, III.

[See Conversation No. 38-84]
  • 038-083 9:18 AM · 11 sec — President Richard M. Nixon and White House operator talked on the telephone at an unknown time between 9:18 am and 9:19 am.
  • 898-001 9:18 AM · 7 sec — President Richard M. Nixon and White House operator met in the Oval Office of the White House at an unknown time between 9:18 am and 9:19 am.
  • 038-084 9:19 AM · 5 min — President Richard M. Nixon and John W. Dean, III talked on the telephone from 9:19 am to 9:25 am.
  • 898-003 9:25 AM · 27 sec — President Richard M. Nixon and Stephen B. Bull met in the Oval Office of the White House at an unknown time between 9:25 am and 9:30 am.
  • 898-004 9:30 AM · 16 min — President Richard M. Nixon and Leonard Garment met in the Oval Office of the White House from 9:30 am to 9:46 am.
  • 898-005 9:46 AM · 12 sec — President Richard M. Nixon and Stephen B. Bull met in the Oval Office of the White House at an unknown time between 9:46 am and 9:47 am.
  • 898-006 9:47 AM · 11 min — President Richard M. Nixon, H. R. ("Bob") Haldeman, Rose Mary Woods, and Henry A. Kissinger met in the Oval Office of the White House from 9:47 am to 9:59 am.
  • 898-007 9:59 AM · 13 sec — President Richard M. Nixon and Thelma C. ("Pat") (Ryan) Nixon met in the Oval Office of the White House from 9:59 am to 10:00 am.

Conversation 898-002, April 17, 1973. White House Tapes, Richard Nixon Presidential Library and Museum, National Archives. Audio and AI transcript via Easy Nixon, https://www.easynixon.org/tapes/898-002 (accessed September 18, 2026).