John Eastman is asking a judge to order the Jan. 6 Committee to release any potentially exculpatory evidence, as he argued against the crime-fraud exception invoked Wednesday, saying the extraordinary revelations have forced him "into the position of acting as a pseudo-defense attorney for the former president."

The seven-page request says the committee should produce evidence under Brady v. Maryland as if "the named criminal offenses had been formally charged by the government."

"With this request, plaintiff is asking for no more than the due process routinely afforded misdemeanor defendants in hundreds of courts every day," according to the brief, signed by Eastman's lawyers, Anthony Caso of the Constitutional Counsel Group in Anaheim and Charles Burnham of Burnham & Gorokhov in Washington, D.C. "This Court should require at least this level of due process before entering a finding of serious criminality against a former president."

Caso and Burnham also asked U.S. District Judge David O. Carter in the Central District of California to delay next Tuesday's hearing, but the judge's clerk entered an order shortly after reiterating the Tuesday date and time. Carter had already bumped up the hearing earlier this week, from Wednesday to Tuesday.

Carter rejected the request late Friday, writing, "Here, Dr. Eastman's liberty is not at issue—only his emails."