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Cowboys for Trump leader appeals for pre-trial release

February 4, 2021 GMT
FILE - In this Jan. 31, 2020, file photo, County Commissioner Couy Griffin speaks in Santa Fe, N.M., as hundreds of advocates for gun rights rally at the New Mexico Statehouse against a proposed red-flag gun law that has the support of Democratic Gov. Michelle Lujan Grisham. Griffin, a New Mexico county official who runs a group called "Cowboys for Trump" who had vowed to return to Washington after last week's riot at the U.S. Capitol to place a flag on House Speaker Nancy Pelosi's desk was arrested by the FBI on Sunday, Jan. 17, 2021.  Griffin was arrested on charges of illegally entering the U.S. Capitol. (AP Photo/Morgan Lee, File)
FILE - In this Jan. 31, 2020, file photo, County Commissioner Couy Griffin speaks in Santa Fe, N.M., as hundreds of advocates for gun rights rally at the New Mexico Statehouse against a proposed red-flag gun law that has the support of Democratic Gov. Michelle Lujan Grisham. Griffin, a New Mexico county official who runs a group called "Cowboys for Trump" who had vowed to return to Washington after last week's riot at the U.S. Capitol to place a flag on House Speaker Nancy Pelosi's desk was arrested by the FBI on Sunday, Jan. 17, 2021.  Griffin was arrested on charges of illegally entering the U.S. Capitol. (AP Photo/Morgan Lee, File)
FILE - In this Jan. 31, 2020, file photo, County Commissioner Couy Griffin speaks in Santa Fe, N.M., as hundreds of advocates for gun rights rally at the New Mexico Statehouse against a proposed red-flag gun law that has the support of Democratic Gov. Michelle Lujan Grisham. Griffin, a New Mexico county official who runs a group called "Cowboys for Trump" who had vowed to return to Washington after last week's riot at the U.S. Capitol to place a flag on House Speaker Nancy Pelosi's desk was arrested by the FBI on Sunday, Jan. 17, 2021.  Griffin was arrested on charges of illegally entering the U.S. Capitol. (AP Photo/Morgan Lee, File)
FILE - In this Jan. 31, 2020, file photo, County Commissioner Couy Griffin speaks in Santa Fe, N.M., as hundreds of advocates for gun rights rally at the New Mexico Statehouse against a proposed red-flag gun law that has the support of Democratic Gov. Michelle Lujan Grisham. Griffin, a New Mexico county official who runs a group called "Cowboys for Trump" who had vowed to return to Washington after last week's riot at the U.S. Capitol to place a flag on House Speaker Nancy Pelosi's desk was arrested by the FBI on Sunday, Jan. 17, 2021. Griffin was arrested on charges of illegally entering the U.S. Capitol. (AP Photo/Morgan Lee, File)
FILE - In this Jan. 31, 2020, file photo, County Commissioner Couy Griffin speaks in Santa Fe, N.M., as hundreds of advocates for gun rights rally at the New Mexico Statehouse against a proposed red-flag gun law that has the support of Democratic Gov. Michelle Lujan Grisham. Griffin, a New Mexico county official who runs a group called "Cowboys for Trump" who had vowed to return to Washington after last week's riot at the U.S. Capitol to place a flag on House Speaker Nancy Pelosi's desk was arrested by the FBI on Sunday, Jan. 17, 2021. Griffin was arrested on charges of illegally entering the U.S. Capitol. (AP Photo/Morgan Lee, File)

SANTA FE, N.M. (AP) — Jailed Cowboys for Trump founder Couy Griffin is seeking a second judge’s opinion on 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 pre-trial 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 following the Jan. 6 riot.

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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.