Leon ruled the government is almost certainly violating the Fourth Amendment rights of Americans. He ordered the government to end its phone metadata program and destroy its five-year stash of data, but stayed implementation of the order pending appeal.
Although Leon rested his injunction decision on Fourth Amendment grounds, Klayman expects to prove at trial that the NSA's phone-record collection also violates the First Amendment, leaning on Supreme Court precedent against actions that may chill Americans' freedom of assembly.
"It's like a double-barrelled shotgun – we have the First and Fourth amendments here," he says, adding "and the Fifth because there was no due process at the Foreign Intelligence Surveillance Court."
Leon did not grant a preliminary injunction for Klayman's companion lawsuit against the NSA's PRISM Internet program, which according to documents leaked by Snowden gives the NSA direct access to the servers of nine major companies, including Apple, Google, Microsoft and Yahoo. But Klayman's confident about invalidating that program, too.
"The PRISM program is equally as unconstitutional and potentially more invasive," he says. "It's been revealed over the last several weeks the [NSA is] into social media, porn sites and Xbox."
"They're in our underwear, essentially," he says. "This is even more egregious."
Outside of court, Klayman is promoting what he calls a peaceful "Second American Revolution" to remove Obama from office. He announced Nov. 19 the president had until Nov. 29 to resign. Because he did not, Klayman now plans to host a convention in Philadelphia that will elect a "government-in-waiting." The date of the convention has not been scheduled.
Leon's ruling "makes [peaceful revolution] even more important," Klayman says. "Now we have confirmation that this administration has violated in a very serious way our constitutional rights. It's us against the government. What the judge did is validate all the critics of this administration."
Notably, Klayman lacks sympathy for most congressional Republicans, whom he says "don't have the guts" to impeach Obama. NSA surveillance supporter Rep. Peter King, R-N.Y., "is shameless and disgraceful," Klayman says.
Also shameless and disgraceful, according to Klayman, is former CIA acting Director Michael Morell, one of five appointees on the White House surveillance review panel. Morell told the National Journal Sunday he believes the NSA should reactivate a program that scooped up email metadata.
Klayman says if Morell – or anyone else – works to re-establish that program, they should be criminally indicted.
"I'm not one of those conservatives who believes the judiciary is a lesser branch of government," he says.