Correct me if I am wrong but at an ASAP hearing a "FSDO employee who was out to get someone" is not even present. Just the pilot rep, company rep, and the FAA guy. The FAA guy has the accident/incident report in front of him and it's up to him as to what will or will not happen to the pilot. This is how we avoid the "FSDO employee who was out to get someone" from being directly involved. Yes things are not as clear as they may seem here, but something bad did happen that night during that CAT I approach and we are luckly no one was hurt.