Looking at the air traffic system the route maps both as depicted in Juan Browne’s video and elsewhere the helicopter route is a “not above 200 feet” for the section in question (east abeam DCA)..
I’m not sure if there’s what’s known as a charted visual approach for 33 that the CRJ might have been following (I’ll check) but just looking at the extended 33 centreline, projecting it back south eastwards to the heli route and using a rule of thumb that on a standard 3 degree descent you descend 300 feet per mile and you can pretty soon work out that there’s stuff all headroom between the top of the helicopter route at 200 feet and the vertical path anything on established on a 3 degree glide path to runway 33.
….As for the ADS playbacks shown it looks like the helicopter gets up to 300 feet…now technically yes, that’s a “level bust “, but I’d not be thinking it’s malicious or deliberate. I say that because whilst I’m not sure about helicopters I know in some fixed wing aircraft when hand flying you could accidentally drift 100 feet up from datum if you sneezed….😬
All the above is why many people are now saying this particular section of the route system, combined with the use of conditional clearances, was an accident waiting to happen and it’s probably mainly down to luck that it has not happened before.
FWIW the last altitude figure I see for the CRJ is 400 feet, descending into the helicopter which is indicating at 300..but those numbers are rounded to the nearest hundred feet, there will be some latency and some errors in the data that will have to be filtered by the investigators.