If Snowden had been indicted, that would have meant that the U.S. Attorney for the Eastern District of Virginia had taken the case against Snowden to a grand jury, which has the power to return an indictment. Such an indictment would have been under seal if that had happened. Therefore, the law enforcement official said, it was "incorrect" of Obama to say that Snowden had been indicted.
The former National Security Agency contractor was charged by federal prosecutors in June in the criminal complaint with theft, unauthorized communication of national defense information” and “willful communication of classified communications intelligence information to an unauthorized person,” according to the complaint filed in the federal court in Alexandria. Two of the charges were brought under the 1917 Espionage Act.