You don’t understand the NY Times v. Sullivan case, or subsequent cases.
A person doesn’t become a “public person” just because they filed a defamation lawsuit. He wasn’t a “public figure” when he was defamed. There are a number of cases which make this point quite clear; so clear, the defendants will likely not even make that defense.
Apparently, I was not clear on how they would make him a “public figure.” His actions in the effort to rescue those people from Afghanistan would be their contention, not the filing of the case. As for my level of understanding, I believe recent events by lawyers & courts give evidence that any argument can succeed in the right set of circumstances. My comment was meant to only pose one straw the AP may grasp . I sincerely want the plaintiff to prevail.