A scary thing ...
Despite all the speculation, rhetoric, propaganda and b#%%#*@t, the fact remains that:
The NAS allowed a VFR aircraft to be at the top of E with a partially non-working transponder, near a major air route used by RPT jets and wanting to enter C airspace in poor weather conditions without a flight plan.
After assessing the traffic disposition and passing traffic info, the controller couldn't sit back and do nothing more (which he could have done under our "safe" NAS procedures), especially when he realised that it was going to be VERY, VERY close … and took positive action.
400FT and less than 1 Nm ... and traffic not sighted til too late!
The scariest thing I've ever seen … all because NAS allows it.