Judge Dismisses Robertson’s War Record Libel Suit

WASHINGTON —  A federal district judge Monday dismissed Pat Robertson’s libel suit against former Rep. Paul N. (Pete) McCloskey Jr. (R-Calif.) after the Republican presidential hopeful agreed to reimburse McCloskey for thousands of dollars in court costs.

Later in the day, Robertson told reporters at a campaign stop that the ruling was “a real victory” and contended: “I have the privilege of suing him (again) once the primary is over.”

However, the order by District Judge Joyce Hens Green bars Robertson from ever again suing over his libel claim. And, if McCloskey had won a jury trial, he could not have received more than the court costs, probably about $15,000, that Robertson must pay.

Robertson’s agreement to dismiss the case now “concedes that I have been telling the truth for the last 37 years,” McCloskey said. “He is admitting that he is the one who is the liar.

“He brought this suit for political purposes,” McCloskey added. “Now he’s dropped it for political purposes.”

Suit Filed in 1986

Robertson filed his suit in 1986 after McCloskey said Robertson had used the influence of his father, the late Sen. A. Willis Robertson (D-Va.), to avoid combat during the Korean War. Robertson has called McCloskey a “patent liar” for making those claims.

Robertson has maintained that he is abandoning his suit because of the calendar--the case was scheduled to go to trial today, the same day as the Super Tuesday presidential primaries and caucuses--not because he feared losing.

But McCloskey’s lawyers point out that the trial date was set in September and that it has been two months since Green denied Robertson’s request to change the date. Robertson’s decision to withdraw was made only after additional witnesses gave sworn statements supporting their side of the case, they say.

Evidence in the case established that Robertson spent much of his Marine service in Japan. He arrived in Korea, where he served in a headquarters unit, only after the heaviest fighting was over. Other junior officers who, like McCloskey, entered the service at the same time as Robertson went straight to Korea.

Robertson’s lawyer conceded last week that Robertson might have told fellow Marines at the time that he had used political pull to avoid combat, but, if so, he meant his remarks as “a joke.”

McCloskey, who practices law in Palo Alto, Calif., has set up a defense fund to defray his nearly $400,000 in lawyers’ bills from the case. His lawyers say they are “looking into” the possibility of further legal action to force Robertson to pay part of the fees.

“It’s nice to have won,” McCloskey said, but he added that the lawyers’ bills, which his insurance company argues it should not have to pay, now exceed his net worth.

Staff writer Lee May, with the Robertson campaign, contributed to this story.