What are the bright spots around the point where the equipment grounding bar is attached to the panel enclosure? It appears that they may be washers and that the grounding continuity is impaired.
As far as the #12, it is an unprotected conductor because it is on the line side of the main and it is very unlikely that the main breaker terminal is listed for use with those two wires.
Don


Don(resqcapt19)