Overnight Defense: Benghazi panel subpoenas Clinton's emails

THE TOPLINE: The House Select Committee on Benghazi subpoenaedformer Secretary of State Hillary Clinton for emails from her private accounts. The panel "issued subpoenas for all communications of former Secretary of State Hillary Clinton related to Libya and to the State Department for other individuals who have information pertinent to the investigation," panel spokesman Jamal Ware said in a statement. The panel also "issued preservation letters to internet firms informing them of their legal obligation to protect all relevant documents," he added, without providing the names of the firms. The announcement came hours after Ware said the panel is in possession of "two separate and distinct email addresses" Clinton used while serving as the country's top diplomat. The New York Times reported this week that Clinton exclusively used a personal email account while serving as secretary of State. Rep. Elijah Cummings (Md.), the panel's ranking member, said the committee's five Democrats "had absolutely no notice whatsoever" about the subpoenas despite an earlier commitment from Chairman Trey Gowdy (R-S.C.) to provide at least seven days notice. He also accused Republicans of dragging out the investigation to damage Clinton's widely expected bid for the White House in 2016. "I did not want to believe it, but everything I've seen so far has led me to believe that this is an effort to go after Hillary Clinton. Period," he told reporters. Cummings said that the committee's investigation had become a "fishing expedition to try to get all kinds of documents related to Hillary Clinton." HOUSE MEMBERS SEE NO SEQUESTER RELIEF. Republicans and Democrats on a key House panel predicted Congress won't find a way to eliminate spending caps that limit Defense Department spending. "I completely agree that the BCA needs to be modified to avoid dramatic, immediate and long-term negative impacts on our military capabilities," said Rep. Rodney Frelinghuysen (R-N.J.), chairman of the House Appropriations Defense subcommittee, referring to the 2011 Budget Control Act. "But unless and until the law is changed, this committee has no choice but to draft our bill to comply with the BCA caps," he added. Rep. Pete Visclosky (Ind.), the panel's top Democrat, said there are "insurmountable obstacles blocking every path forward" to reaching a deal that would solve sequestration, especially before appropriators start marking up their bills. Republicans are expected to take up their budget resolutions later this month. President Obama requested $561 billion for defense spending in fiscal year 2016, including a $534 billion Pentagon base budget. That amount is $35 billion over the limits put in place by the 2011 budget deal. "Sequester is purely the fallout of political gridlock," Defense Secretary Ashton Carter told the panel. "Its purpose was to compel prudent compromise on our long-term fiscal challenges, a compromise that never came." Rep. Kay Granger (R-Texas) asked Carter to "tear up" the existing budget request. "I plead with you to say we can do this a different way," she said. "Give us another way forward where we really can prepare for the future." Few on the panel suggested a solution would be reached soon. "I hope the miracle occurs but, as my dad used to say, 'Hope is not a planning option,'" said Rep. Ken Calvert (R-Calif.). DEFENSE CHIEF OPPOSES LIMIT ON WAR MEASURE: New Defense Secretary Ash Carter on Wednesday said that he wouldn't have included a three-year sunset in President Obama's proposed authorization for the use of military force (AUMF) against the Islamic State in Iraq and Syria (ISIS). "That is not something I would have deduced from the Department of Defense's necessities, the campaign's necessities or our obligations to the troops," Carter told the House Appropriations Defense Subcommittee. "I wouldn't assure anyone that this will be over three years or that the campaign will be completed in three years," Carter added. Obama sent Congress a draft resolution last month, asking lawmakers to approve a new resolution of force against ISIS. The proposal would expire in three years and bans "enduring offensive ground combat operations," language that is seen as deliberately vague in an attempt to win over liberal critics concerned about an open-ended mission and those on the right who don't want to restrict possible military action against the terror group. Carter said any resolution that emerges must "give us the flexibility we need to defeat this opponent." DEMS OPPOSE IRAN VOTE NEXT WEEK: Senate Democrats co-sponsoring a critical Iran bill say they will vote against their own legislation if Majority Leader Mitch McConnell (R-Ky.) brings it up for a vote next week. Six Democratic and independent co-sponsors of legislation that would prevent President Obama from lifting sanctions on Iran until Congress reviews a deal said in a letter to McConnell Wednesday they would oppose the bill if it is brought to the floor next week. Four additional Democratic senators signed the letter, saying they would support the bill after March 24, the deadline for international negotiators to reach a framework agreement on a deal to rollback Iran's nuclear program. McConnell announced Tuesday he would bring to the floor next week legislation introduced by Senate Foreign Relations Committee Chairman Bob Corker (R-Tenn.) and Sen. Bob Menendez (D-N.J.) that would give Congress 60 days to review a deal. The White House has threatened to veto the bill, and at least 13 Democrats or Independents would be needed to reach a veto-proof majority. Sen. Barbara Boxer (D-Calif.) and several other Senate Democrats introduced an alternative bill on Wednesday to require the White House to report on Iran's compliance with any deal. Boxer's bill could provide cover for Democrats who oppose other Iran bills. IN CASE YOU MISSED IT:  -- Poll: Support rising for use of ground troops -- Sanders requests DOD meeting over wasteful spending -- In fight against ISIS, Obama should look to Churchill -- House Dem supports slowing Afghan drawdown -- Alaska senator launches Arctic caucus Please send tips and comments to Kristina Wong, kwong@thehill.com, and Martin Matishak, mmatishak@thehill.com. Follow us on Twitter: @thehill, @kristina_wong, @martinmatishak