Under federal law, any person summoned as a congressional witness who refuses to comply can face a misdemeanor charge that carries a fine of $100 to $100,000 and a jail sentence of one month to one year.
The committee, which is controlled by Democrats, is expected to agree to pursue such penalties on Tuesday. That would send the contempt citation to the full House, where Democrats almost certainly have the votes to approve it. The matter would then be sent to the Justice Department with a recommendation that officials pursue a legal case against Mr. Bannon.
The cumbersome procedure reflects a challenging reality that Democrats are grappling with as they work to push forward in the inquiry. Congress is a legislative body, not a law enforcement entity, and its ability to compel cooperation and punish wrongdoing is inherently limited. Its investigative tools are only as powerful as the courts decide, and the process of waging legal fights to secure crucial information and witnesses is likely to be a prolonged one.
Robert J. Costello, a lawyer for Mr. Bannon, said in a letter to the committee on Wednesday that his client would not produce documents or testimony “until such time as you reach an agreement with President Trump” on claims of executive privilege “or receive a court ruling.”
The Biden administration has declined to extend the privilege to Mr. Trump, but the question could end up in the courts. And in the case of Mr. Bannon, who has not been an executive branch official since he left the White House in 2017, the claim is particularly tenuous, as it relates to conversations or documents concerning the Jan. 6 attack.