The committee has pledged to act swiftly and forcefully against anyone refusing to cooperate in the investigation. It's likely that the Justice Department and the courts will decide what happens next.
Even if the House votes is successful, it's not certain that the Justice Department will pursue Bannon. Despite Democratic demands.
During a separate House hearing, Attorney General Merrick Garland did not give any hint.
"If the House of Representatives votes to refer a contempt case, the Department of Justice would do as it does in such situations. He said that the Department of Justice would apply the facts and law to make a decision in accordance with the principles and prosecution.
The outcome will determine the effectiveness of the House investigation and the strength of Congress’ power to call witnesses or demand information. Justice officials will be heavily weighing these factors as they decide whether to proceed. Despite the fact that the department is not used to prosecuting witnesses who are found in contempt with Congress in the past, these circumstances are extraordinary as lawmakers investigate the worst attack against the U.S. Capitol since two centuries.
The panel's Democratic chairman, Mississippi Rep. Bennie Thompson (Democrat), will be leading the discussion on the bill with Republican Rep. Liz Cheney, a Wyoming Republican, is one of the two Republicans on this committee. This rare display of bipartisanship in the House will be noted.
Despite the possible consequences for the institution, the majority of House Republicans will vote against contempt.
Stephen Saltzburg, a former Justice Department official and professor of law at George Washington University, said that Congress cannot perform its oversight function.
