In early 1940, Kane returned to the United States and began a series of investigations that resulted in the indictment of a U.S. Senator, a Congressman, and two cabinet members, and the resignation of a Supreme Court Justice and a governor. In late 1940, Kane donned a mask and cape for the first time in order to conceal his identity from federal agents who were seeking to end his covert and anonymous investigations. Federal agents subsequently referred to him as the "Cloak of Darkness" in reference to his effective use of night and shadows to operate, and over time he has allowed others to use this term for him and will answer to it. Kane's pursuit of government figures eventually attracted pursuit of him by various federal and local agencies, including the military. One operative in Military Intelligence, Captain Jack Garvey, proved to be a worthy adversary for Kane, though he never succeeded in taking Kane into custody. Kane's lone ally during this period was his "assistant" Brooks Washington, a former con artist who lives with Kane and has taught him many of the fine points of deception and disguise.
Despite his criminal status with the authorities, in August 1941 Kane was one of the first American Extraordinaries who responded to the events of The Day, and due to the influence of Kid Legend, subsequently became a member of the U.S. Aces. Despite his initial insistence on solo operations, the Cloak has continued to work with the Aces on an irregular basis, eschewing many of their activities but often working with them during actual cases and combat situations. The Cloak's closest relationship within the Aces is with Kid Legend, with whom he has taken something of a mentoring role. In 1942, Kane also allowed his nephew Greyson Richards to take the name Nightbird and become his regular partner (Cloak of Darkness #6). The Cloak has also worked with other XOs on occasion (Valiant & Victorious #1-4), including members of the All-American Squadron (All-American Squadron #5-7). The Cloak became aware of the identities a number of XOs who wish for various reasons to remain private individuals (Investigator #36), and in exchange for rescuing their information from government and criminal agents, the Cloak often employs their talents as needed during his cases.
Paradoxically, in light of his demeanor and reputation, Thomas Kane makes his living as a poet and novelist, writing under a series of pseudonyms. The Cloak also has established a number of false identities, and has thus far succeeded in keeping anyone within the U.S. government from learning his true identity.
Since America's entry into the war, Kane's attention has been much less focused on American corruption, and he has been a leading participant in the attempt by the U.S. Aces and other American XOs to subdue those known as CXOs.
