The problem is that the NSA actions have not been officially ruled unconstitutional. The government has did a pretty good job covering their asses legally using laws enacted by Congress. One example would be Clapper's statement about not spying on US citizens. People say he should be charged with purgery but there are also laws about releasing classified information to the public and an open Senate hearing is pretty damn public. His case would also be bolstered by the legally binding confidentiality agreements and obligations he assumed when taking his position. People seem to think it is enough to just claim something is unconstitutional or illegal using only their opinions as the deciding factor. And those opinions are usually based on staggering hyperbole, exaggeration, weak moral relativism, lies of omission, and out right lies. Both sides of this argument do the same thing to prove they are right like it is some sort of game. It's become more about winning the argument then actually resolving the issue being argued over. And the information released by Ellsberg dealt with an entirely domestic matter. He also made a legitimate effort to get the information into public hands where as Snowden did not. And no, one vague e-mail with no follow-up response by Snowden is not a legitimate effort of trying to get the information through the proper channels.