The Brethren Read Free Page B

focus on his real job of hearing cases. Burger also was obviously not a judge who focused only on individual cases. He was concerned about the system, the prosecutors, the accused, the victims of crime, the prisons, the effect of home, school, church and community in teaching young people discipline and respect.
    The President was eager to appoint solid conservatives to federal judgeships throughout the country. As chairman of a prestigious American Bar Association committee, Burger had traveled around the country and must know many people who could qualify. The President wanted to appoint men of Burger's caliber to the federal bench, including the Supreme Court. Though the meeting was lasting longer than he had planned, the President buzzed for his White House counsel, John Ehrlichman.
    Ehrlichman came down from his second-floor office in the West Wing. Nixon introduced them. "Judge Burger has brought with him an article that is excellent. Make sure that copies are circulated to others on the White House staff," Nixon said. He added that Burger had constructive, solid ideas on the judicial system as well as for their anti-crime campaign. Judge Burger was a man who had done his homework. "Please make an appointment with him to talk," the President said, "and put into effect what he says." The chat had turned into a seventy-minute meeting.
    Ehrlichman left, concluding that if ever a man was campaigning for elevation in the judiciary, it was Warren Burger. He was perfect, clearly politically astute, and he was pushing all the right buttons for the President. Burger and Ehrlichman never had their follow-up meeting, but from press accounts and bar association talk, Burger knew that Nixon had designated Attorney General John Mitchell, his former campaign manager and law partner, to help find him new judges, including a new Chief Justice.
    Mitchell, Burger understood, was the "heavy hitter," the one closest to the President. Privately, Burger had expressed doubts to friends whether a New York bond lawyer had the experience to be the nation's top law-enforcement officer.
    On February 18, Mitchell asked for Burger's help. Shortly thereafter, Burger called at his office in the Justice Department. Knowing that Burger had numerous contacts in legal and judicial circles, Mitchell sought recommendations for nominees to the federal bench. Burger offered some names, and Mitchell wrote down the suggestions. Richard Kleindienst, Mitchell's deputy, sat in on the end of the hour-long meeting. After Burger left, Mitchell remarked, "In my opinion there goes the next Chief Justice of the United States."
    A month passed. On April 4, Burger wrote a letter to Mitchell on his personal stationery. "In one of our early conversations you asked me to give you my observations on District Judges and others over the country , who might warrant consideration for appointment or promotion," Burger said. He offered three immediate suggestions, adding that "each of these men is especially well qualified." One of the three names he sent was a federal district judge in Florida, G. Harrold Carswell. Burger also promised to send along other recommendations "from time to time." Mitchell responded with a thank-you note the same day. Later that month, Burger received an invitation to a White House dinner that the President would give on April 23 to honor Chief Justice Warren.
    Burger arrived with his wife at the White House early to have time to look over the guest list. All the important Republicans were there, including Vice President Spiro Agnew, as well as all the Associate Justices of the Supreme Court. Burger was the only lower court judge invited. "If you get a feeling they're looking us over," he told his wife, "act natural."
    Supreme Court Justice John Harlan, a conservative Eisenhower appointee, greeted Burger. "I'm glad you're here," he said warmly.
    The President's toast to Warren was glowing, and Warren in turn rose to praise Nixon. He was concluding his