When Wilson took office in 1913, he rewarded Malone by appointing him
Third Assistant Secretary of State. Later in 1913, Wilson appointed him
Collector of the Port of New York, an important patronage position. As Collector, Malone resisted all efforts by Tammany to use the Collector's office for patronage. He served as Collector until 1917, when he resigned and was succeeded by
Byron R. Newton, the former publicity director of Wilson's presidential campaign. Malone broke decisively with the Wilson administration in the
fall of 1917 and publicly endorsed the anti-war Socialist
Morris Hillquit for
mayor of New York. He was not a member of the
Socialist Party of America but found Hillquit's call for an expeditious end to the
European war to be compelling and wrote in an
open letter to Hillquit: You, as I understand it, advocate no separate peace for America, but the quickest possible peace that can be negotiated in the interests of the masses of all nations, with no annexations and no punitive indemnities. If this be Socialism, it is also sound Catholicism, Protestantism, Judaism and Americanism. In 1918 he won the release of a group of suffragists jailed during the anti-Wilson
Silent Sentinels demonstrations led by
Alice Paul. Malone successfully appealed their convictions for "unlawful assembly" for "obstructing the sidewalk" in front of the
White House. In
1920 Malone ran for
governor of New York as the candidate of the newly organized
Farmer–Labor Party. He received only 69,908 votes out of over 2.8 million cast. That same year, he began to devote himself to his law practice, specializing in international divorce cases of wealthy individuals and becoming known as "the greatest international divorce lawyer." He established a branch office in
Paris along with former Judge William H. Wadhams.
Later legal career In 1925 Malone accepted an invitation to join
Clarence Darrow as co-counsel for the defense of
John T. Scopes in the famous "
Monkey Trial." In response to Bryan's argument against admitting scientific testimony, Malone gave arguably the best speech of the trial in defense of academic freedom. "I have never learned anything from any man who agreed with me" was one of his famous quotes. In 1927 Malone identified as an Independent and wrote an op-ed in
The New York Times denouncing Colonel
Theodore Roosevelt Jr.'s "attacks on the Governor of this State and your abortive attempts to associate him with any responsibility for commercialized vice." Malone continued his divorce practice until 1935, when he declared bankruptcy in New York and moved to
Westwood, Los Angeles, California. He claimed his debts consisted mostly of sums owed to personal friends, including
William K. Vanderbilt,
Edward F. Hutton, and the late
Otto H. Kahn. He served as counsel to
20th Century Fox and appeared in a few movies as a character actor. As Malone bore a strong resemblance to
Winston Churchill, he was called on to play Churchill in the film adaptation of
Joseph E. Davies's book,
Mission to Moscow (1943). ==Personal life==