August 22, 1940, Morning

AIDE: The picture taken up at the park was fine. I saw it yesterday afternoon. It turned out fine.

FDR: Good. Fine. Fine. The sun came out, it was just right. I didn't need any paint on my face!

AIDE: That's the speech there, if you'd approve that. (FDR reads and signs papers)

FDR: Ask the Secretary of War and the Secretary of the Navy if they would approve a meeting here on Monday, and would they telephone to the Canadians and ask them if Tuesday would be all right instead of Monday to meet in Ottawa. I think that's a good idea, too.

Oh, look, get hold of Dan and tell Dan I want some maps on the [Presidential yacht] Potomac if they're not there already, charts, showing the entire layout of Newfoundland.

I want large scale. No small scale stuff. Large scale stuff.

Move them along. The east coast of Nova Scotia....

Later, FDR reviewed lists of potential appointments to federal judgeships around the country, trying to steer clear of financial scandals allegedly connected to some of the candidates. In New Jersey, one candidate was supposed to be mixed up in illegal payoffs.

FDR: You been able to clear anything for Smathers? (signing papers)

AIDE: Well, now, I want to tell you about Smathers.

He nominated a man by the name of Shalick. The story is that Shalick has paid him $10,000, and there is more scandal about Shalick, the probabilities are we're going to have to remove him as soon as it's time for his retirement. Violation of the Hatch Act. It's in this report we want to show you.

Hague says he's unfit, but Hague says he's also got to write you a letter that he's all right (FDR laughs) but it doesn't mean anything. Says he shouldn't be appointed....

FDR: Right. I'll do this. It's very simple: send Boss Smathers a letter. "We cannot appoint Shalick. Give me another name."

AIDE: Well, we've told him that....

FDR: Appoint somebody else. I gave him three separate chances, every time. Number one man? No! Number two man? No! Number three man? No! Three strikes are out....

In Oklahoma, the problem was an alleged sexual assault, and FDR faced the dilemma of whether to appoint an accused rapist to the federal bench. A former secretary of an Oklahoma judge accused him of raping her in his office. The judge maintained his innocence, but paid her a $3,000 settlement. Oklahoma Democratic senator Elmer Thomas was pushing hard for the appointment of the judge, one of his financial contributors. The whole mess could expose the Democrats to blackmail.

AIDE: In Oklahoma, they're still wanting a fellow appointed who's in trouble with his secretary for rape. Thomas is very urgent about it, said he'd take the responsibility and I said, well, now, look here, if they ask for the files on this man in the midst of a campaign and make it a national issue, you can't cover the nation. Well, he admitted that he might get into trouble....

FDR: Oh. He's the fella that raped the girl in his office.

AIDE: And settled for three thousand dollars.

FDR: And settled for three thousand dollars, and he's led a clean life, so far as we know, ever since.

AIDE: Of course, the difficulty is everybody now wants to keep it very quiet, subject to blackmail now, the party is subject to blackmail.

Today, FDR passed over the accused judge, but changed his mind a few years later and appointed him to Federal District Court.