To be honest, the guy is not a criminal. He reveled abuses of the American Government to the public, but has not done so in a way that compromises any real defense projects or puts lives in danger. He may have everything, but he has not exposed everything. He carefully put out precisely what the NSA was doing illegally, and nothing else.
The DOJ's own rules expressly forbid charging whistle-blowers with the exact charges they are using. These things need to be brought to the public with proof before things change for the better. We are supposed to be the land of the free, not the land of the scrutinized.
We have laws against wiretapping, and Constitutional protections against unreasonable search and seizure for a reason. Prism and the rest of the data gatherers are flat out wrong without a warrant and a very narrowly targeted subject. Transparently collecting the data they collect and having to ask a federal judge for discovery in a way that becomes public and can go to a real trial would make a major difference. Not perhaps enough to make it legal, but at least would have been much better than just hiding it all.
Not according to the government. He blew the whistle on a program that doesn't exist and also doesn't do the illegal things he says it does. So naturally, he's a criminal.
In all seriousness, they can't prosecute him in court without admitting certain facts. So, if they do catch him, he'll probably go to Gitmo and put through some sort of military tribunal.
None of this is legal, but hey, who cares as long I'm protected from the bogey man.