(Bloomberg) -- The House committee probing the Jan. 6 riot at the U.S. Capitol is set to escalate its legal showdown with Steve Bannon Tuesday night with a vote recommending the full House hold him in criminal contempt for ignoring a congressional subpoena.

The vote represents the committee’s first major legal test in countering efforts by former President Donald Trump to undermine its investigation into the causes and events of the attack on the Capitol by pro-Trump rioters. Bannon refused to testify or provide documents to the committee after Trump’s lawyer raised executive privilege concerns. 

Should the committee of seven Democrats and two Republicans vote, as expected, to hold Bannon in contempt, the resolution will go to the House floor for a vote that requires a simple majority to pass. It then would be referred to the U.S. attorney for the District of Columbia, who would decide along with Attorney General Merrick Garland whether to prosecute. They are, at minimum, required to present to a grand jury. 

Bannon, who before leaving the Trump administration in 2017 served as the former president’s chief political strategist and helped run his 2016 campaign, potentially could be fined up to $100,000 and imprisoned for up to a year.

“Information in Mr. Bannon’s possession is essential to putting other witnesses’ testimony and productions into appropriate context and to ensuring the select committee can fully and expeditiously complete its work,” the committee’s contempt resolution, released Monday night by the panel, said.

Three others similarly subpoenaed but instructed by Trump not to cooperate -- including former White House Chief of Staff Mark Meadows -- have not publicly said they would follow his instruction.

Bannon’s lawyer, Robert Costello, has written to the committee that his client will not testify or provide documents until the panel reaches an agreement with Trump or a court weighs in on executive privilege.

Committee chairman Bennie Thompson, a Mississippi Democrat, has said the panel “will not tolerate defiance of our subpoenas.”

The contempt resolution unveiled by Thompson on Monday notes that Trump and his legal team have yet to make a formal assertion of executive privilege. It also argues the Bannon information being sought would not qualify because Bannon was not a government employee or a Trump adviser during the time period under investigation. 

Bannon reportedly spoke with Trump directly about the plans for Jan. 6, the resolution states. It also cites Bannon’s “role in constructing and participating in the ‘stop the steal’ public relations effort that motivated the attack, his efforts to plan political and other activity in advance of January 6th, and his participation in the events of that day from a ‘war room’ organized at the Willard InterContinental Washington D.C. Hotel.”

“In short, Mr. Bannon appears to have played a multi-faceted role in the events of January 6th, and the American people are entitled to hear his first-hand testimony regarding his actions,” the resolution states.

The committee’s expected vote comes a day after Trump filed suit in District Court in Washington to block the national archivists from allowing committee access to still-secret records from his presidency, claiming that request was overly broad.

The Biden administration has thrown its support behind the committee’s efforts for information about Jan. 6.

Jonathan Su, President Joe Biden’s deputy counsel, wrote in a Monday letter to Costello and reviewed by Bloomberg News that an assertion of privilege over conversations Bannon had with Trump or White House staff after he left the administration isn’t justified and “is not in the public interest.”

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