>At this point, he is a spy from every angle you look at it.
Remember that not even U.S. government is not charging him from being a spy.
Also, if he is not a spy and is not being charged as one, then he should return to the US. The fact that he can't and won't speaks volumes about his character and his intentions.
Ellisberg (the gentleman who leaked the Pentagon Papers) strongly disagrees with you. Please do carefully read this op-ed by Eillisberg himself:
http://articles.washingtonpost.com/2013-07-07/opinions/40427...
For reference, the Pentagon Papers revealed a systematic effort by multiple Administrations to lie to Congress and the public about the reasons for initiation of the Vietnam war, and the covert expansion of the same.