Andrew and Tristan Tate ask a federal judge to release them on bond while they fight extradition

Andrew and Tristan Tate are asking a federal judge in Miami to let them out of jail while the court decides whether to send them to the United Kingdom.

In a petition filed Wednesday, the brothers asked for immediate release on bond. The court has so far refused to set bail while the extradition question is pending.

Their argument

The Tates say prosecutors have not shown that they are a flight risk or a danger to the public. They note they have no criminal record in the United States and say they followed every release condition during their legal fights in Romania, including trips abroad when they did not flee.

Their lawyers also argue that the usual presumption against bail in extradition cases rests on a misreading of a Supreme Court decision from 123 years ago. They suggest electronic monitoring or home detention would be enough to make sure the brothers appear at future hearings.

Conditions in custody

The brothers have been held in the Special Housing Unit at the Federal Detention Center in Miami since their arrest. Their attorneys say they get limited recreation time, one phone call a month, no television and little commissary access.

The case

The Tates were arrested in Miami on July 18 on provisional warrants issued at Britain's request. British prosecutors accuse them of rape, sexual assault, human trafficking and other sex offenses tied to conduct between 2010 and 2017. The Crown Prosecution Service has since announced 32 additional charges against Andrew along with six more against Tristan. The brothers deny all of the allegations and have not been convicted.

The U.K. filed its formal extradition request on Oct. 5. No hearing has been scheduled.