January 6 panel prepares to immediately pursue criminal charges as Bannon faces subpoena deadline - CNN

Bannon is not required to respond at this time," attorney Robert Costello wrote.

The letter doubled down on previous instances in which the former White House adviser made clear he has no intention of appearing for a deposition Thursday as ordered by the committee and essentially dared lawmakers to sue or hold him in criminal contempt earlier this month in response to the subpoena.

If Bannon is a no-show, the committee is expected to immediately begin seeking a referral for criminal contempt after the subpoena deadline passes -- essentially making an example of Bannon's noncompliance as the House seeks more witnesses, sources familiar with the planning told CNN.

While it could take some time before the House sends such a referral to the Department of Justice, the committee could take initial steps within hours of the panel's stated deadline -- which is Thursday -- if Bannon refuses to cooperate, the sources added, underscoring the growing sense of urgency around the investigation itself.

CNN reported Wednesday that the committee is unified in its plan to seek criminal charges against those who refuse to comply, and lawmakers have specifically honed in on Bannon while discussing the option publicly.

"The reason why some of these witnesses, people like Steve Bannon, who have been public about their contempt for Congress feel they can get away with it is for four years, they did," committee member Rep.

Adam Schiff told MSNBC on Wednesday.

Schiff, who also chairs the Intelligence Committee, noted that Bannon had refused to cooperate with the House's Russia investigation during the Trump administration because he "would never be held in contempt."

"He would never be prosecuted by the Trump Justice Department.

"This is a legal order as well as a civic duty to share info about the most sweeping violent attack on Congress since the War of 1812."

In a letter to the committee earlier this month, Bannon's attorney argued that "the executive privileges belong to President Trump" and "we must accept his direction and honor his invocation of executive privilege."

The letter from Bannon's legal team goes on to say it may be up to the courts to decide whether he is ultimately forced to cooperate -- essentially daring the House to sue or hold him in criminal contempt.

"As such, until these issues are resolved, we are unable to respond to your request for documents and testimony," wrote the lawyer, Robert Costello.

The claim that Bannon could be covered by the former President's privilege is unusual, because Bannon was not working for the federal government during the period surrounding the January 6 insurrection.

Privilege claims normally apply to close officials around the President and deliberations between government employees, and Bannon was fired from his role as a White House adviser in 2017.

Many legal experts agree with the committee that Bannon, as a private citizen, would have no standing to block a subpoena by claiming executive privilege.

Historic criminal contempt cases

As severe as a criminal contempt referral sounds, the House's choice to use the Justice Department may be more of a warning shot than a solution.

In more recent administrations, the Justice Department has declined to prosecute contempt referrals -- though in those situations, Congress has made contempt referrals on members of the sitting president's administration.

"I'm watching people on TV bloviate about this.