September 12, 1972

With the indictments on their way very soon now, talk turns to how to spin it, and there's a short-lived goofy idea that they should appoint a new Warren Commission to say that the Justice Department did it's job thoroughly. In addition to retired Chief Justice Earl Warren, they think of perhaps naming Abe Fortas to it:

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President Nixon: Fortas is a Johnson man.

Colson: Oh hell, Fortas is --

President Nixon: (unintelligible) I don't think Fortas is on --

Colson: McGovern's side?

President Nixon: No. No. He is very much on our side.

Colson: He was the biggest supporter, advisor, Lyndon Johnson had.

Haldeman: He was deeply grateful (unintelligible). We got a couple of other things. I said -- did he say anything about the government by any chance?....I don't know if Fortas is good. Fortas is true. You got a crooked judge.

President Nixon: I'll tell you why he would be good. He is a Jew (unintelligible) and he's got business to do with the government.

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The idea dies out quickly, which is no surprise. But it's always good to see what the president is thinking.