The attorney of a Pacific Command defense contractor accused of giving military secrets to his girlfriend is appealing a judge’s ruling keeping him in custody while he awaits trial.

Birney Bervar filed the appeal on behalf of Benjamin Bishop in U.S. District Court in Honolulu Wednesday.

Magistrate Judge Richard Puglisi on Monday ordered Bishop detained on the grounds he’s a danger to national security because he could divulge classified information if released.

Bishop is charged with one count of communicating national defense information to a person not entitled to receive it and one count of unlawfully retaining national defense documents and plans.

The appeal filed by Bervar argues Bishop is not a flight risk nor is there a danger he will obstruct justice or threaten a witness or juror.