In Re Grand Jury Subpoenas

ORDER DENYING MOTION TO QUASH SUBPOENAS

INTRODUCTION

This matter comes before the Court upon consideration of the motion to quash subpoenas filed by Mark Fainaru-Wada (“Fainaru-Wada”) and Lance Williams (“Williams”) (collectively “Movants”). Having considered the parties’ pleadings, the brief filed by Amicus Curiae, relevant legal authority, and having had the benefit of oral argument, the Court HEREBY DENIES the motion to quash.

BACKGROUND

This case arises out of a series of articles published in the San Francisco Chronicle (the “Chronicle”), authored by movants Mark Fainaru-Wada (“Fainaru-Wada”) and Lance Williams (‘Williams”) (collectively “Movants”). The articles relate to the Bay Area Laboratory Co-Operative (“BALCO”), its principals, and two of its distributors (the “BALCO defendants”), and the Government’s investigation into the distribution of steroids and performance enhancing drugs to a number of prominent athletes. (See generally, Affidavit of Jonathan R. Donnellan (“Donnellan Aff.”), Exs. 1-11, 26-30, 32.) Movants began reporting on the BALCO investigation in or around October 2003. (Donnellan Aff., Ex. 1.)

On February 12, 2004, the BALCO defendants were indicted…