SANTA FE – Jailed Cowboys for Trump founder Couy Griffin is seeking a second judge’s opinion about whether he must remain incarcerated pending trial in connection with the siege of the U.S. Capitol on Jan. 6.

In court filings Wednesday, attorneys for Griffin say a magistrate judge denied pretrial release for reasons not cited by prosecutors and in violation of due process rights.

They also argue that incarceration without bail is heavy handed considering Griffin never entered the Capitol building. More than 150 people have been charged in federal court with crimes after the Jan. 6 riot.

Griffin’s appeal for pretrial release was filed with U.S. District Judge Beryl Howell.

Griffin, a commissioner in Otero County, was arrested on Jan. 17 in Washington – days after announcing during a public meeting in Alamogordo that he would return to Washington in opposition to Biden’s election and inauguration.

On Monday, Magistrate Judge Zia Faruqui has said Griffin represented a flight risk based in part on his denial of the legitimacy of the U.S. government.

Griffin is confronting charges of knowingly entering the Capitol grounds with the intent to disrupt the government as Congress considered Electoral College results.

An evidentiary hearing could take place as early as next week.