John D. Ehrlichman and Clark MacGregor on 23 June 1971


Transcript

Edited by Nicole Hemmer, with Ken Hughes, Kieran K. Matthews, and Marc J. Selverstone

Two key Nixon aides, Chief Domestic Policy Adviser John D. Ehrlichman and congressional liaison Clark MacGregor, discuss the role of the vice president in transmitting documents to the U.S. Senate.

White House Operator

—please.

John D. Ehrlichman

Yeah, this is John Ehrlichman.[note 1] John D. Ehrlichman was chief domestic adviser, January 1969 to April 1973. Would you give me Clark MacGregor, please?[note 2] Clark MacGregor was White House congressional liaison, 4 January 1971 to 2 July 1972; and chairman of the Committee to Re-Elect the President, 2 July 1972 to November 1972.

White House Operator

Yes, sir. [Pause.]

Telephone rings.
MacGregor’s Secretary

Clark MacGregor’s office.

Ehrlichman

This is John Ehrlichman. Is he there?

MacGregor’s Secretary

Yes, just a moment, sir. [Pause.]

A conversation with President Nixon is audible in the background.
Clark MacGregor

Hello?

Ehrlichman

Hello, I just talked with the Speaker [Carl Albert] [D–Oklahoma].[note 3] Carl B. Albert was a Democratic congressman from Oklahoma, 1947–1977; and served as Speaker of the House, 1971–1977.

MacGregor

Yeah.

Ehrlichman

He’s a little confused by some telephone message from your office about parliamentarians and the storage of documents, and so forth.

MacGregor

It isn’t clear to me, John, whether we’re transmitting two sets of documents—

Ehrlichman

No.

MacGregor

—or one set.

Ehrlichman

One.

MacGregor

And how is it to be handled?

Ehrlichman

Well, I’ll—

MacGregor

[Unclear] hold them?

Ehrlichman

Don’t worry about it. Don’t worry about it. I’ll fill you in when I get through here. [MacGregor acknowledges.] But the point is that he had some message from your office that had him badly hung up, and I told him just to disregard it.

MacGregor

I don’t know how any message from this office could have held him—had him badly hung up. I haven’t talked to him at all.

Ehrlichman

Well, no, you talked to—somebody talked to a secretary in his office about documents being transmitted to a parliamentarian. And . . .

MacGregor

I didn’t talk to him. I talked to the Vice President [Spiro T. Agnew] this morning[note 4] Spiro T. Agnew was vice president of the United States, January 1969 to October 1973.

Ehrlichman

Oh, God.

MacGregor

—because he’s the presiding officer of the United States Senate. And . . .

Ehrlichman

What’d you tell him?

MacGregor

I told him that the President was considering—he was having breakfast with Mike Mansfield [D–Montana] this morning, and was considering an action with respect to the documents involving the Congress, and it might well involve the presiding officers of the House and the Senate, and as the presiding officer of the Senate, I wanted to make sure that he was not embarrassed by being out of town.[note 5] Mike Mansfield was a Democratic senator from Montana, January 1953 to January 1977; and Senate Majority Leader, January 1961 to January 1977. He said, “Oh, I’ll be here, Clark.” And he said, “But if you’ve got any questions about the handling of documents, we got a regular procedure for that and I’ll have Walter [L.] Mote call you.” And Walter—he called—the Vice President then called Walter Mote, who called me. And now Mote may have—well, have also called somebody in the Speaker’s office.

Ehrlichman

Oh, boy.

MacGregor

It did not come from our office. I have have not talked to the Speaker or anybody in the Speaker’s office about the President’s announcement.

Ehrlichman

Well, he used your name. In any event, [Gerald R.] Jerry Ford [R–Michigan]‘s not available, and so I’ve got a call in for him and I’ll talk with him just as soon as he’s available.[note 6] Gerald R. “Jerry” Ford was a Republican congressman from Michigan, 1949–1973; and served as House Minority Leader, January 1965 to December 1973. But Mansfield is going to contact these people and have a meeting. He is not going to contact the Vice President. [Pause.]  He’s just not on the list.

MacGregor

Mm-hmm. The Vice President, of course, is the presiding officer of the United States Senate.

Ehrlichman

Well, that’s what the Constitution says.

MacGregor

And the transmittal of documents does go to the Vice President’s office.

Ehrlichman

Well, except in this case, the President told Mansfield that the transmission would go to—

MacGregor

[Unclear.]

Ehrlichman

—to Mansfield and the joint leadership of the two Houses . . . because it is not like a congressional message.

MacGregor

I appreciate it. It’s a . . .

Ehrlichman

It’s an extraordinary procedure.

MacGregor

It is an extraordinary situation—

Ehrlichman

Right.

MacGregor

—and . . . 

Ehrlichman

So you better untrack the Vice President.

MacGregor

I’ll call him right away. [Ehrlichman acknowledges.] But . . . he—they asked—you see, they asked me questions about whether there’s one set of documents, two set of documents, and so forth. And I said, “I don’t know about—"

Ehrlichman

Well—

MacGregor

I haven’t any information about that, John.

Ehrlichman

I think you better get unplugged from him—

MacGregor

All right. What are we—

Ehrlichman

—‘cause he’s not in the chain here.

MacGregor

Well, [with a frustrated chuckle] I just—all right. I know of no procedure for the President to transmit documents to the United States Senate and bypass the presiding officer.

Ehrlichman

We’re about to make one.

MacGregor

OK.

Ehrlichman

All right.

Cite as

“John D. Ehrlichman and Clark MacGregor on 23 June 1971,” Conversation 005-135, Presidential Recordings Digital Edition [“Vice President Agnew,” ed. Nicole Hemmer] (Charlottesville: University of Virginia Press, 2014–). URL: http://prde.upress.virginia.edu/conversations/4003266