Protecting the Appropriations Power: Why Congress Should Care about Settlements at the Department of Justice

In the wake of the 9/11 attacks, and the subsequent presidentially declared war on terror, 1 the President and the executive branch assumed new powers to respond to the perceived terrorist threat.Some of these powers, like those granted by the Patriot Act 2 and the Authorization for the Use of Military Force, 3 were granted by Congress.Other authority, such as the power to authorize the National Security Agency ("NSA") to conduct warrantless wiretaps on American citizens 4 and the power to use coercive interrogation techniques 5 were assumed by the President without any congressional authorization.The President took these actions in accordance with secret legal opinions issued by the Department of Justice's Office of Legal Counsel ("OLC").6 The OLC memoranda supported a conception of the President's