If 40 people had seen the pilot waving a red flag out the window it probably would have been true.
Never a good idea to prejudge information that conflicts with our structured ideas of what ‘should have been’... To weight it differently is fine but to ignore it is a mistake.
One of the statements in the story is to the effect that the aircraft did the 45,000 to 5,000 thing.
Ignoring the fact that there was no transponder return and no mode C.
Throughout the articles, there is not one single verifiable quote, fact, link, etc,, to support the truth of this statement.
Lots of pictures of passengers in the cabin of similar aircraft but not one single factual quote from an ATC controller, a military radar facility, etc.
The writer should be banned from the “profession” of journalism for life and anyone placing any credence in the article should go sit in the corner.
The article is BS from beginning to end.
By the way, not only can ATC not see the altitude of aircraft not displaying a mode C, ATC facilities can in very busy areas turn off all primary returns so that they see only transponder equipped aircraft.
No one has presented any information as to the capabilities of the area radars and under what conditions they were operating.
A basic description of how transponders work.
http://public-action.com/911/transpon/