and, during his time out of jail, he was cabled by Grigory Zinoviev President of the Communist International (Comintern) who gave their 'warmest greetings to the undaunted fighter released from the "democratic" prisons'. In February of that year, Larkin had been elected to the Moscow Soviet to represent the Moscow International Communist Tailoring Factory by a union of tailors, most of them returnees to Russia from the USA. Larkin's court appeal failed and he was back in custody by 31 August, despite various plans being discussed, including a potential escape plan raised by Thomas Foran of the ITGWU and numerous legal challenges. Larkin decided to bide his time. During this time it was also arranged for Larkin's son, James, to visit him in prison. Release and departure from the United States The election of Irish-American Al Smith to the position of Governor of New York in November 1922 represented a change in circumstances, and was also a clear indication that the Red Scare had largely abated. Smith granted Larkin a pardon hearing which was set for January 1923, the pardon was granted and he was released from prison. Foran cabled Larkin to convey the ITGWU's satisfaction with the events and to seek the date of his return to Ireland. Although Larkin had his mind set on a return to Ireland, he had grander plans than a return to union work. The Comintern wrote to Larkin on 3 February to express their 'great joy' at his release and to extend an invitation to visit Soviet Russia at his earliest opportunity, to 'discuss a number of burning questions affecting the international revolutionary movement'. Larkin made a number of financial requests to the ITGWU, including asking them to cover the costs of purchasing passage on a steamer ship, although he, in characteristic fashion, did not reveal the reason. The union's new leadership began to see him as out of touch, and that if allowed to do so he would attempt to restore his previous near total command over the union. The union had also already spent large sums of money on Larkin's behalf — making sure his wife Elizabeth was taken care of, covering his medical expenses and covering the costs of James Jnr's visit to see him in America. For these reasons, the additional financial requests were denied, a decision which begat what would become an intense split in the union movement