I wish he would be more hard-nosed or tell us why he isn't. Guess I'm a bit naive to expect either.
The reason they haven't indicted anyone for treason?
They wouldn't have a case. There wasn't a thing in the NY Times article(yes, I read every word of it) that exposes operational details of the program that weren't already in the public domain.
From a 2002 UN report:
"The settlement of international transactions is usually handled through correspondent banking relationships or large-value message and payment systems, such as the SWIFT, Fedwire or CHIPS systems in the United States of America. Such international clearance centres are critical to processing international banking transactions and are rich with payment information. The United States has begun to apply new monitoring techniques to spot and verify suspicious transactions. The Group recommends the adoption of similar mechanisms by other countries."
http://daccessdds.un.org/doc/UNDOC/GEN/N02/725/72/PDF/N0272572.pdf?OpenElement