pattern is full:
I don't know for certain what information the controller had (or should have had) in front of him - I presume that will come out eventually. I do know what information the pilot had (or should have had) in front of him - and it is a chart that in TWO places says, "If you are going northeast of ZEDAG, you must be at 4300 feet to remain safe!"
Given two advisories that do not actually conflict:
ATC - "at least 2000 feet or higher"
Chart - "at least 4300 feet"
- which altitude would/should a pilot choose?
The controller should have had the FAA approach chart in front of him as well as training and knowledge that the FAA 8260-2 holding pattern form specified the same holding pattern and minimum holding altitude as shown for ZEDAG.
If the pilot can actually choose the altitude, based on the chart he should have been not less than 5,400 prior to entering the south TAA area. If the controller decided to clear the flight direct to ZEDAG the assigned altitude should have been not less than 5,000.
The controller had the primary responsibility to not let the flight be below 5,000 if cleared direct to ZEDAG, or not less than 5,400 prior to the flight crossing the boundary of the TAA if it was to be "own nav."
"At or above 2,000" conflicts with the altitudes required to be assigned in the circumstances.
No doubt the crew was also asleep at the switch.
The lawyers will have a field day with this one.