>> good morning, merry christmas. now you're listening. welcome to "new day," it's tuesday, december 17th, we're not quite there yet. it is 6:00 in the east. big news, potentially major defeat for the country's once secret surveillance programs. a federal judge ruled the mass collection of americans' phone records is unconstitutional. the judge insists the government can't sight a signal instance where the domestic spying operation actually stopped a terrorist. jim sciutto is live from washington this morning. good morning, jim. >> good morning, chris. the ruling makes for interesting reading. the first successful challenge to the nsa's surveillance program, the federal judge calling it almost orwellian and adding that james madison, the author of the constitution would be aghast at its violation of americans' freedom. six months after edward snowden revealed it to the world, a federal judge ruled the nsa program that sweeps up