The $250 million defamation lawsuit filed by a Kentucky teen against the Washington Post Tuesday takes a direct shot at the elderly Native American drummer also at the center of the episode, calling him a “phony war hero” who was “too intimidated” to challenge a group shouting slurs at the teen’s group.

The suit, filed on behalf of Covington Catholic High School student Nicholas Sandmann, has received national attention for accusing the Post of bullying the teen in its coverage last month.

But it also provides a lengthy description of the encounter at the Lincoln Memorial between Sandmann and his group first with another calling themselves “Hebrew Israelites,” and then Nathan Phillips, the Native American who was part of a group in support of the Indigenous Peoples March that day.



“The Washington Post ignored basic journalistic standards because it wanted to advance its well-known and easily documented biased agenda against President Donald J. Trump.” Covington student suing WAPO. Go get them Nick. Fake News! — Donald J. Trump (@realDonaldTrump) February 20, 2019



Many in the media focused on a video showing Phillips banging a hand drum between his face and that of Sandmann, who was smiling and wearing a trademark Trump “Make America Great Again” red hat.

Phillips was held up as the hero of the incident in many media accounts, Sandmann of being physically threatening.

[Read: Rush to judgment? New details emerge on Native American elder's standoff with MAGA-hat-wearing teens]

The lawsuit has a much different take.

It said that the high schoolers first faced slurs hurled by “unruly Hebrew Israelites,” but chose not to shout back, instead getting permission to give the school cheer as they were accused of being “incest babies,” “dirty ass crackers,” and “future school shooters.”

At that point, Phillips and his group moved in, said the suit, but not to stop the Hebrew Israelites but to challenge the teens.

The reason, said the suit: Phillips was intimidated by the Hebrew Israelites so he chose the kids.

“Rather than focusing their attention on the Hebrew Israelites, who had been relentlessly insulting both the teenagers for almost an hour and the Native Americans attending the Indigenous Peoples March before that, Phillips and his activist companions approached the CovCath students from a distance while beating drums, singing, dancing, and carrying cameras to capture the confrontation on video,” said the suit.

“Apparently, Phillips, a phony war hero, 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 – a much safer endeavor for activist tactics of intimidation,” it said, in reference to reports critical of Phillips military service.

The lawsuit charged that Phillips and his group meant to challenge the teens. And it said Sandmann didn’t turn away from the drum banging in his face because he thought it would be disrespectful.

The key points on the clash from the suit are below:



When Phillips first approached them, many of the CovCath students “felt like he was coming into their group to join in with the students’ cheers.”

Phillips intentionally walked up to the crowd of CovCath students.

The CovCath students did not move toward Phillips or otherwise actively approach or surround Phillips.

Nicholas and the students merely acquiesced in Phillips’ election to enter their group and beat his drum within inches of Nicholas’ face.

Once within their group, Phillips freely moved about, briefly walking up to certain students within the group, which included many children who were not CovCath students.

Phillips then walked directly up to where Nicholas was standing on the steps of the Lincoln Memorial so that he could confront Nicholas and bully him by getting in his face.

Phillips, a 64-year-old man attired in Native American garb and a stranger to Nicholas, continued to beat his drum and sing loudly within inches of Nicholas’ face for several minutes while staring at Nicholas.

Contrary to his false statements in media interviews after the January 18 incident that he was trying to move to the top of the steps of the Lincoln Memorial, Phillips approached the students from a distance and walked past clear pathways to the steps to the Lincoln Memorial.

Moreover, when Phillips then waded into the students’ crowd and specifically confronted Nicholas, Phillips never made any attempt to move past, around, or away from Nicholas even though he could have done so at any time.

Prior to being directly confronted by Phillips, Nicholas had not noticed Phillips at the National Mall.

Nicholas did not confront Phillips.

Nicholas did not move toward Phillips.

Nicholas did not make any movement to block Phillips’ path or prevent Phillips from physically moving wherever he wished.

Nicholas was startled and confused by the actions of Phillips in singling him out and confronting him.

During the confrontation instigated by Phillips, Nicholas stood still as he was concerned that turning away from Phillips might be considered a sign of disrespect.

While he stood there with Phillips beating a drum near his face and singing loudly, Nicholas remained silent and did not utter a single word to Phillips.

Nicholas did not make any gestures by hand or otherwise toward Phillips.

Nicholas made only one gesture while being confronted by Phillips – he quietly signaled a classmate to refrain from responding to profanity-laced insults being directed at the student by one of Phillips’ companions.

At all times, Nicholas acted respectfully, responsibly, appropriately, and in a manner consistent with the values instilled upon him by his family and his religious faith.

The confrontation ended when Nicholas and his fellow CovCath students were instructed to board the buses.