FTX founder Sam Bankman-Fried’s attorney Mark S. Cohen encountered skepticism from Second Circuit Judges William Nardini and John M. Walker Jr. on Tuesday as he asked the court to release his client ahead of his upcoming trial.

Cohen, a co-founder and partner at Cohen & Gresser, said U.S. District Judge Lewis Kaplan of the Southern District of New York failed to “give sufficient weight to the First Amendment issues” when he revoked Bankman-Fried’s bail in August.