Robertson Can Drop Libel Suit if He Pays Court Costs, Judge Rules

A federal judge said Friday that Republican presidential candidate Pat Robertson can back out of his libel suit against former Rep. Paul N. (Pete) McCloskey Jr. of California, but only if he agrees to pay McCloskey’s court costs.

Under the ruling by U.S. District Judge Joyce Hens Green, Robertson apparently would have to pay between $5,000 and $20,000 to spare himself from being drawn into a Washington courtroom to defend his military service record on Super Tuesday next week, when 20 states hold primary elections or caucuses.

The judge gave Robertson and his attorneys until Monday to accept the deal. If they do not, Green said, a trial in the $35-million libel suit will begin as scheduled on Tuesday. The differing court cost estimates were provided by the attorneys for the two sides and would have to be reconciled.

McCloskey celebrated the ruling Friday, saying it was the next best thing to a courtroom victory.

‘Made a Wise Decision’

“He made a wise decision to surrender before a jury could rule that he is a liar,” said the former Republican congressman from Palo Alto.

Robertson’s attorneys did not say whether they would accept the deal, but one of them, Jay Kaplan, hailed the fact the 15-page order did not give McCloskey “one red penny” of attorneys’ fees, which would have exceeded $100,000. Court costs cover only such direct expenses as filing fees and transcription bills.

McCloskey, a former Marine, charged in 1986 that Robertson used the influence of his father, the late Sen. A. Willis Robertson (D-Va.), to avoid combat duty in Korea. Robertson said this was false and slapped McCloskey with a libel suit.

Seven months ago, a trial date was set, but this week, Robertson’s attorneys moved to end the suit before trial.

In court papers filed Thursday seeking a dismissal, Robertson’s attorneys said the candidate had an “earnest desire to have this suit go to trial” so he could clear his name. However, the former religious broadcaster “feels obligated to continue devoting his full time and energies toward the successful attainment of the Republican nomination for the President of the United States. To do otherwise would constitute a breach of faith with those millions of Americans who have demonstrated their moral and financial support for his candidacy.”

Says No Choice Left

McCloskey said the weight of evidence in the case left Robertson no choice but to back out. “I had 20 former Marines ready to testify that his old man got him out of combat, and I think he realized that this wouldn’t look good to Southerners and the great tradition of the Confederacy and Robert E. Lee and Stonewall Jackson.”

Robert Sloan, a lawyer for McCloskey, said he was confident Robertson would accept the deal.

McCloskey also would make another appeal for reimbursement of his attorneys’ fees on the grounds that the suit was frivolous. His total costs are now “about $400,000,” he said. “I would be a lot happier if I could remove that cloud from above my head.”