liza here. back to work and very slow traffic at the bay bridge toll plaza. metering lights are on and traffic backed up. also got an accident blocking one lane of accident north 101 before todd in santa rosa and bart is back on track. no delay ands no problems for muni. here's lawrence. >> low clouds and fog. we are seeing cloud related delays on arrival of over an hour and a half. temperatures running mainly in the 50s. couple low 60s beginning to pop up. 80s low 90s inland. 70s and 80s around the bay. 60s approaching the coast. cooling off on wednesday and thursday. (sir can-a-lot) good day, ma' lady. [muffled] i am sir can-a-lot. i am sir can-a-lot here to save you from another breakfast bore. wake up those eggs with glorious spam! (woman) hmmm... that's actually a good idea. [nervous giggle] (male announcer) break the monotony. for more fun ideas visit spam.com. >>> an epic failure at a dirt bike race in austria, bikers kept falling off the track at the same point. there are questions about the design of the course. i should think so. look at that. >> we

joining me now is liza goitein, co-director of the liberty and national security program at the brennan center for justice. okay. am i being hyperbolic here? can it possibly be the case that the government's assertion in aiding the enemy charge was as massively problematic from a precedent perspective as it appears to be? >> i don't think you're being hyperbolic, i think you're being underbolic. i'm not sure what the opposite of that is because i don't think that the judge rejected that line of reasoning. i think what the judge said, yes, government, you're right about where i should set the bar but you didn't get over that bar. basically the judge said if the government had proven bradley manning knew al qaeda was using the internet and looking at websites like wikileaks beyond a reasonable doubt, then the government would have prevailed on that charge. >> the judge is saying there's nothing wrong with the -- the full text, "any person who aids or intends to aid the enemy with supplies, money or other things, knowingly harbors, protects, gives intelligence to, communicates or corresponds with or holds intercourse with the enemy, directly