In the 1930s, Biddle was appointed to a number of important governmental roles. In 1934 President
Franklin D. Roosevelt nominated him to become Chairman of the
National Labor Relations Board. On February 9, 1939, Roosevelt nominated Biddle to the
United States Court of Appeals for the Third Circuit, to a seat vacated by
Joseph Buffington. The
United States Senate confirmed Biddle on February 28, 1939, and he received his commission on March 4, 1939. He served only one year in the role before resigning on January 22, 1940, to become the
United States Solicitor General. Biddle prosecuted several prominent
left-wing individuals and organizations under the
Smith Act. In 1941, he authorized the prosecution of 29
Socialist Workers Party members in a move that was criticized by the
American Civil Liberties Union. Under the act, he also tried unsuccessfully to have
trade unionist
Harry Bridges deported. In 1942, Biddle became involved in a case in which a
military tribunal appointed by Roosevelt tried eight captured Nazi agents for
espionage and for planning
sabotage in the United States as part of the German
Operation Pastorius.
Lieutenant Colonel Kenneth Royall challenged Roosevelt's decision to prosecute the Germans in military tribunals by citing
Ex parte Milligan (1866), a case in which the U.S. Supreme Court ruled that the
federal government could not establish military tribunals to try civilians in areas that civilian courts were functioning, even during wartime. Biddle responded that the Germans were not entitled to have access to civilian courts because of their status as
unlawful combatants. The US Supreme Court upheld that decision in
Ex parte Quirin (1942) by ruling that the military commission that was set up to try the Germans was lawful. On August 3, 1942, all eight were found guilty and sentenced to death. Five days later, six of the eight were executed in the
electric chair on the third floor of the District of Columbia jail. The other two were given prison terms since they had willingly turned their comrades over to the
FBI. In 1948, both men were released from prison and returned to Germany.
Japanese American Internment Biddle was one of the few top officials, along with FBI Director
J. Edgar Hoover and Secretary of Interior
Harold L. Ickes, who opposed the wartime
internment of Japanese Americans from the start. In 1943, after the internment had already taken place, he asked Roosevelt for the camps to be closed: "The present practice of keeping loyal American citizens in concentration camps for longer than is necessary is dangerous and repugnant to the principles of our government." Roosevelt resisted, however, and the camps would not be closed for another year. In a postwar memoir, Biddle wrote that "American citizens of Japanese origin were not even handled like aliens of the other enemy nationalities—Germans and Italians—on a selective basis, but as untouchables, a group who could not be trusted and had to be shut up only because they were of Japanese descent."
African American civil rights Biddle strengthened his department's efforts on behalf of
African-American civil rights by instructing
United States attorneys to direct their prosecutions against
forced labor in the
South away from the usual practice of charging "
peonage", which required them to find an element of debt, toward bringing charges of "
slavery" and "
involuntary servitude" against employers and local officials. On February 10, 1942, Biddle ordered the
Federal Bureau of Investigation to probe into the
lynching of Cleo Wright in
Sikeston,
Missouri, which was the United States' first federal investigation of a civil rights case. ==Truman administration==