Originally Posted by
Ottopilot
Knowing someone is not evidence of what he did. Actually the video shows nothing about anything. If they get a radar altitude from him, that can do him in, otherwise you can't prosecute anyone without evidence. Non-pilots estimating altitudes is worthless. They don't know 50' from 500'. Hard to believe after that many passes a camera phone didn't get him (yet).
The FAA is not held to a very high standard of evidentiary proof and theirs is administrative law as opposed to criminal and/or civil law. So as far as enforcing FAA rules goes, they can revoke this guy's private pilot license quite automatically. As for domestic criminal law, it's a much harder case to win and I would expect a good criminal defense lawyer could beat the rap on evidence alone, VB and Noy's comments notwithstanding.