The report will also include details about the committee's efforts to get Bannon to cooperate with its subpoenas and his refusal to cooperate.
On Sept. 23, investigators issued subpoenas for Bannon and three former Trump administration aides. Trump told the four men last week to arm the committee. However, the committee said that Kash Patel, Mark Meadows and Mark Meadows are now cooperating with investigators. However, Bannon's lawyer has informed the committee that he won't comply with the subpoena.
The committee will have to force him to comply, which will prove to many other witnesses how much pressure investigators will apply to get cooperation. When asked about the planned contempt vote by the committee, Robert Costello, Bannon attorney, directed POLITICO his earlier letter to that panel. It challenged its authority and Bannon promised to fight it.
After the announcement, Trump issued a statement calling it "the January 6-th Unselect Committee", criticizing its latest move and saying that "the people will not stand for it!" The statement didn't specify the next legal steps Trump might take.
It is almost certain that the outcome of the vote by the committee to hold Bannon in contempt will be decided. Since weeks, members have stated that they would likely use criminal contempt against recalcitrant witness. If the panel agrees to hold him in contempt, then the resolution would be sent to the House for another vote.
The House will vote to hold Bannon in contempt if it reconvenes next week. This is almost certain as Democrats have a small majority. If that happens, the matter will be referred by the U.S. attorney for Washington D.C. to criminal prosecution.
It remains to be seen if the Justice Department will respond quickly. Although Attorney General Merrick Garland has not yet indicated how he would handle referrals from the House on this subject, he is scheduled to testify before the House Judiciary Committee next Wednesday and will likely be pressed.
Channing Phillips is the acting U.S. attorney for Washington D.C. He is a career officer who has been overseeing the Capitol investigation for several months. Matthew Graves has been nominated by Biden as his permanent successor, but he has yet to be confirmed by the Senate.
Bannon could face up to one year in prison and up $100,000 in fines if the Justice Department charges him. The courts will decide whether to delay penalties in the appeals process.
Committee members stated that they hope the threat to criminal charges will make witnesses more willing to cooperate than to go through a lengthy and costly legal process. These threats have been successful in compel witnesses to cooperate in past congressional inquiries. Witnesses rarely try to see the whole criminal proceedings through.
The Jan 6 committee faces a tight deadline as it attempts to compile a complete report on the attack of the spring. According to the panel, many witnesses have also been subpoenaed, including organizers of the Jan. 6 "Stop the Steal", rally, which preceded the attack on the Capitol. They have started providing documents and giving testimony.
