Key here seems to be judge “appointed” by……
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In an opinion issued today on behalf of a three-judge panel of the U.S. Court of Appeals for the Second Circuit, Judge Gerard Lynch—who was appointed by President Barack Obama–said the argument the administration presented in defense of a National Security Agency program that collects virtually all U.S. telephone records would result, if accepted, in “an unprecedented contraction of the privacy expectations of all Americans.”

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