Who cares? We're talking about widespread malfeasance and lawbreaking by the gov't against every citizen, and the world, vs a few crappy laptops.
I know i'll probably just be accused of being a pedant for pointing this out, but theft is still a crime, and theft of laptops containing classified material is really a crime, and at the very least (assuming the government didn't just make this charge up whole cloth), stealing laptops full of classified material and running off to China with them after spilling your guts to the Guardian might not tilt a jury in his favor.
Nevertheless it's the kind of concrete detail I think a case can hinge on. Public opinion, too.
http://www.washingtonpost.com/world/asia_pacific/snowden-not...