Article Three, Section Three of the Constitution defines treason as follows:
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
This sets up two avenues for treason prosecutions. One is the “aid and comfort” path, wherein somebody aiding a country waging war on the U.S. can be charged, and the other is the “levying war” path, wherein one is charged for actively waging war against the United States, or an individual state.
It seems obvious that Snowden’s actions don’t qualify as levying war against the U.S. as all the levying war cases require an assemblage of men and fo