Steve Bannon refuses to cooperate with the investigation into January 6's insurrection.
He predicted, one day before the riot, that "all hell would break loose."
Donald Trump filed suit to stop documents from his White House being sent to the committee.
The Republican leadership has instructed GOP members to vote against a resolution declaring Steve Bannon in contempt for Congress because he refused to testify before a special committee investigating the January 6 rebellion.
The special committee voted unanimously and bipartisanly Tuesday night to recommend that Bannon is punished for not complying with its subpoena. Although the full House of Representatives will vote on Thursday, it is up to the Department of Justice to decide whether to prosecute Bannon.
Rep. Liz Cheney from Wyoming said that his refusal and claim to be protected by "executive privilege", indicated that he was involved in the planning of the insurrection alongside former President Donald Trump. To prevent documents from Trump's White House being shared with the committee, the ex-president sued.
Related video: Rep. Kinzinger said Jan. 6th that the stakes were high.
However, House Minority Whip Rep. Steve Scalise from Louisiana claimed that the investigation by the special committee was invalid. He said it had no legislative purpose.
He stated that Congress does not have the constitutional power to conduct investigations or issue subpoenas beyond its scope.
However, legal experts say Congress has broad authority under the US Constitution to investigate past and current government officials. Bannon, who predicted that "all hell would break loose" one day before the insurrection began, was previously chief strategist at Trump's White House.
A January 6th special committee will also examine whether additional laws are necessary to stop future attempts to subvert the US election.
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Scalise voted to stop President Joe Biden's win by voting on January 6. He challenged the certification of Pennsylvania votes despite federal and state court rulings upholding their legitimacy. Since then, he has refused to admit that Trump was defeated in an actual election.
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