It's completely defensible. Would you rather people go to jail for painting hypotheticals of crimes? Perhaps we should send everyone who's ever written a violent novel to jail? Thoughtcrimes are real, now. People can never be frustrated.
Further, why does this article repeat over and over that this wasn't "off the record" going to every length to try to justify publishing it? If there was no confusion about it being "off the record", there's no need to mention any of it. And it still doesn't matter.