By mid-2023, a grand jury had returned a multi-count indictment including charges related to unauthorized retention of national defense information and obstruction of justice. Two aides were also charged with assisting in the concealment of the materials.

Court Ruling
The presiding judge ruled that the special counsel’s appointment violated the U.S. Constitution’s Appointments Clause, asserting that the individual had not been properly authorized as a federal officer. As a result, all charges brought by the special counsel were dismissed. The ruling drew on constitutional interpretations previously explored in recent Supreme Court decisions, raising questions about the