I understand the authors’ point of view, but it WAS leaked testimony was it not? I’m not saying whether it was right or wrong for the BALCO investigation to require a Grand Jury, and the accompanying non-publication of details around this, but this WAS part of an ACTIVE government investigation, wasn’t it?
Did the publication of details of the testimony damage the government’s case against Conte et al. … probably not, but it COULD have, and I think we have to respect that, and balance it against the general public’s "need to know".
Now …. if the testimony was "leaked" well after the government’s investigation (and subsequent trials) had been completed, I don’t think the authors should have/would have been brought up on charges.