Federal prosecutors wrote to a US judge Wednesday saying that a child-porn suspect jailed for nearly two years for refusing to decrypt his hard drives should remain jailed until he complies with a court order to unlock them. The defendant has a lot of “chutzpah” to even ask to get out of jail while he appeals the contempt-of-court order to the US Supreme Court, prosecutors said in a new court filing.

The dispute concerns a now-fired Philadelphia cop who has been jailed since September 30, 2015 for refusing to decrypt two hard drives that authorities found at his residence as part of a federal child-porn investigation. Lawyers for Francis Rawls want him released pending an appeal to the Supreme Court, which has never decided on whether forcing somebody to decrypt hardware amounts to a Fifth Amendment violation.