In a short video from January, Sandmann is seen wearing a red "Make America Great Again" while standing face-to-face with Phillips.
Sandmann was at the center of the viral controversy last month, in which he and fellow students were accused of confronting a Native American protester in Washington, D.C.
"To make these charges and lawsuits and say it's all political and The Post hates Trump and that's why this was done, it was malice, I think that's a much tougher case to make in a courtroom", Kurtz said.
It's unclear whether that means other students will be suing the Post, or Sandmann himself will be suing other publications, but either way... this isn't the last we've heard of this story.
The lawsuit filed in the U.S. state of Kentucky by Covington Catholic High School student Nick Sandmann, 16, is the exact amount Amazon CEO Jeff Bezos paid for the Post in 2013, equivalent to about $349 million.
The goal of the lawsuit against the Post, the lawsuit says, is "to seek legal redress for its negligent, reckless, and malicious attacks on Nicholas which caused permanent damage to his life and reputation". Sandmann appeared to smirk and stare inches from the activist, Nathan Phillips's face.
Meghan Markle spotted in NY for rumored baby shower
Could these flowers indicate that the Royal baby maybe a girl? She was apparently seen wearing a grey coat and maternity jeans. Meghan's sister-in-law Kate Middleton is also expected to be a part of the second baby shower .
In their complaint, the Sandmanns say they are asking a federal district court in Kentucky to help them "teach the Post a lesson it will never forget". No member of mainstream & social media mob who attacked him should take comfort from not being sued in initial round of lawsuits which will commence next week.
Attorneys Lin Wood and Todd McMurtry, who filed the lawsuit on behalf of the Sandmann family, said that this was only the first in a series of lawsuits they are planning against the media.
The investigation also found the students did not direct any racist or offensive comments toward Phillips, the Native American activist who waded into their group, although several performed a "tomahawk chop" to the beat of his drum. It also found no evidence to support allegations that students were chanting "build the wall".
It calls Phillips "a phony war hero (who) was too intimidated by the unruly Hebrew Israelites to approach them, the true troublemakers, and instead chose to focus on a group of innocent children".
"My position is that I was not disrespectful to Mr Phillips".
After the January 18 encounter outside the Lincoln Memorial, deceptively edited video clips were shared online that seemed to show the pro-life high schoolers surrounding and mocking a Native American.