If the pilot had a waiver to be in the TFR, meaning they’ve received permission to enter the airspace.
FAR 91.137(d):
When a NOTAM has been issued under paragraph (a)(3) of this section, no person may operate an aircraft within the designated area unless at least one of the following conditions is met:
(1) The operation is conducted directly to or from an airport within the area, or is necessitated by the impracticability of VFR flight above or around the area due to weather or terrain, and the operation is not conducted for the purpose of observing the incident or event.
(2) The aircraft is operating under an ATC approved IFR flight plan.
(3) The aircraft is carrying incident or event personnel, or law enforcement officials.
(4) The aircraft is carrying properly accredited news representatives and, prior to entering that area, a flight plan is filed with the appropriate FSS or ATC facility specified in the NOTAM.
91.137(d) clearly states that the pilot had permission to be in the airspace. It is a bs pilot deviation phone call for the pilot to not leave the airspace as fast as ATC wanted, because many times it’s not possible. There was no risk posed to the F-35s - the FAA defines a near-midair collision as separation between the crafts of less than 500 feet or the urgent belief of the pilots involved a near miss occurred. Neither of these occurred, and therefore, neither did a near miss.
The ATC controller was most likely on a power-trip, and if a pilot deviation was in fact filed, it’d never hold up. The pilot was not “shot down” by ATC, they were simply bullied. This is knowledge that student pilots learn about in their first few months of training.
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