Why you mad, bro? We're just talking.
What does a sky have to do with a downdraft? I don't even understand the question. But, tell me where the NTSB says that the passenger is a non-rated person. It said "passenger", nothing more, nothing less. Air coming over a ridge on the leeward side are known as mountain waves, not downdrafts. You're a CFI?
From the CSEL Written: A downdraft is a sign that a thunderstorm is in what stage?
A. Dissipating
B. Mature
C. Developing
If you're not taking a position with the downdraft being a contributing factor, why would you get your knickers in knots about it?