Heading toward a restricted area is not illegal - not until you cross the line.
Judging from the TFR covered by FDC 2/9423 it seems to me that the pilot did violate the restricted airspace.
Note to add- NORAD does state that the aircraft violated the TFR. Also, news media reports that the pilot was arrested.
Also, the comms seem to back up that the aircraft did violate TFR;
Parts were unintelligle but here is what I could figure out. I also note that there wasn't a call to go supersonic.
Bigfoot:
8 minutes from tfr center from our protective assett. Push it up.
Bigfoot: Instead of a
max sub perhaps .5 or .6 M ?
Band 55: When im intercepting a guy doing 140 knots I can push it up
max subsonic and do (6?)50 but ill be by him in a few seconds and never see the dude and really there is no point to it.
Bigfoot: Ok bigfoot copies
Band 55: How close was he?
Bigfoot:
10 miles from TFR center.
FDC 2/9423
Area A
Airspace Definition:
Center: On the SANTA MONICA VOR/DME (SMO) 026 degree radial at 3.8 nautical miles. (Latitude: 34º03'31"N, Longitude: 118º24'25"W)
Radius: 32 nautical miles
Altitude: From the surface up to but not including 18000 feet MSL
Effective Date(s):
From May 11, 2012 at 0045 UTC (May 10, 2012 at 1745 PDT)
To May 11, 2012 at 1800 UTC (May 11, 2012 at 1100 PDT)
Area B
Airspace Definition:
Center: On the LOS ANGELES VORTAC (LAX) 050 degree radial at 1.3 nautical miles. (Latitude: 33º56'33"N, Longitude: 118º24'29"W)
Radius: 8 nautical miles
Altitude: From the surface up to but not including 18000 feet MSL
Effective Date(s):
From May 11, 2012 at 0045 UTC (May 10, 2012 at 1745 PDT)
To May 11, 2012 at 0200 UTC (May 10, 2012 at 1900 PDT)
Area C
Airspace Definition:
Center: On the VAN NUYS VOR/DME (VNY) 113 degree radial at 7.3 nautical miles. (Latitude: 34º08'57"N, Longitude: 118º22'34"W)
Radius: 10 nautical miles
Altitude: From the surface up to but not including 18000 feet MSL
Effective Date(s):
From May 11, 2012 at 0115 UTC (May 10, 2012 at 1815 PDT)
To May 11, 2012 at 0600 UTC (May 10, 2012 at 2300 PDT)
Area D
Airspace Definition:
Center: On the SANTA MONICA VOR/DME (SMO) 026 degree radial at 3.8 nautical miles. (Latitude: 34º03'31"N, Longitude: 118º24'25"W)
Radius: 10 nautical miles
Altitude: From the surface up to but not including 18000 feet MSL
Excluding
Center: On the VAN NUYS VOR/DME (VNY) 159 degree radial at 0.8 nautical miles. (Latitude: 34º12'35"N, Longitude: 118º29'24"W)
Radius: 2 nautical miles
Altitude: From the surface up to and including 3000 feet MSL
Effective Date(s):
From May 11, 2012 at 0530 UTC (May 10, 2012 at 2230 PDT)
To May 11, 2012 at 1745 UTC (May 11, 2012 at 1045 PDT)
Area E
Airspace Definition:
Center: On the LOS ANGELES VORTAC (LAX) 050 degree radial at 1.3 nautical miles. (Latitude: 33º56'33"N, Longitude: 118º24'29"W)
Radius: 8 nautical miles
Altitude: From the surface up to but not including 18000 feet MSL
Effective Date(s):
From May 11, 2012 at 1645 UTC (May 11, 2012 at 0945 PDT)
To May 11, 2012 at 1800 UTC (May 11, 2012 at 1100 PDT)
Operating Restrictions and Requirements
No pilots may operate an aircraft in the areas covered by this NOTAM (except as described).
Except as specified below and/or unless authorized by ATC in consultation with the air traffic security coordinator via the domestic events network (DEN):
A. ALL AIRCRAFT OPERATIONS WITHIN THE 8 NMR AND/OR 10 NMR AREA(S) LISTED ABOVE, KNOWN AS THE INNER CORE(S), ARE PROHIBITED EXCEPT FOR: MILITARY AIRCRAFT DIRECTLY SUPPORTING THE UNITED STATES SECRET SERVICE (USSS) AND THE OFFICE OF THE PRESIDENT OF THE UNITED STATES. COORDINATED AND APPROVED LAW ENFORCEMENT, AIR AMBULANCE AND FIREFIGHTING OPERATIONS MUST RECEIVE APPROVAL PRIOR TO ENTERING THIS AIRSPACE AT 858-537-5900 TO AVOID POTENTIAL DELAYS. REGULARLY SCHEDULED COMMERCIAL PASSENGER AND ALL-CARGO CARRIERS OPERATING UNDER ONE OF THE FOLLOWING TSA-APPROVED STANDARD SECURITY PROGRAMS/PROCEDURES: AIRCRAFT OPERATOR STANDARD SECURITY PROGRAM (AOSSP), FULL ALL-CARGO AIRCRAFT OPERATOR STANDARD SECURITY PROGRAM (FACAOSSP), MODEL SECURITY PROGRAM (MSP), TWELVE FIVE STANDARD SECURITY PROGRAM (TFSSP) ALL CARGO, OR ALL-CARGO INTERNATIONAL SECURITY PROCEDURE (ACISP) AND ARE ARRIVING INTO AND/OR DEPARTING FROM 14 CFR PART 139 AIRPORTS.
B. For operations within the airspace between the 8 NMR AND/OR 10 NMR and 32 nmr area(s) listed above, known as the outer ring(s): All aircraft operating within the outer ring(s) listed above are limited to aircraft arriving or departing local airfields, and workload permitting, ATC may authorize transit operations. Aircraft may not loiter. All aircraft must be on an active IFR or VFR flight plan with a discrete code assigned by an air traffic control (ATC) facility. Aircraft must be squawking the discrete code prior to departure and at all times while in the TFR and must remain in two-way radio communications with ATC.
C. The following operations are not authorized within this TFR: flight training, practice instrument approaches, aerobatic flight, glider operations, seaplane operations, parachute operations, ultralight, hang gliding, balloon operations, agriculture/crop dusting, animal population control flight operations, banner towing operations, sightseeing operations, maintenance test flights, radio controlled model aircraft operations, model rocketry, unmanned aircraft systems (UAS), and utility and pipeline survey operations.
D. FAA recommends that all aircraft operators check notams frequently for possible changes to this TFR prior to operations within this region.
It has been my experience that when flying within or near the DC ADIZ where a SFRA is required (or IFR flight plan) it is recommended to monitor 121.5 on 2nd radio. When P-40 (Camp David) is expanded it is not unusual to hear calls going out to traffic who are heading in that direction to alter course, even though they aren't in the airspace. When departing from airports near P-40 you are required to be on a heading away from the center of P-40. So I don't find it unusual that an aircraft that might be outside of a TFR but heading in its direction gets attention.