Representative Adam B. Schiff, Democrat of California and another committee member, noted that the House’s two contempt referrals, against Mr. Bannon and Mr. Meadows, were criminal cases. If the Justice Department decides to prosecute Mr. Meadows, as it did Mr. Bannon, both men would face the prospects of jail time and fines.
“And that would be true irrespective of who’s controlling the Congress,” Mr. Schiff said.
With the Meadows contempt referral now at the Justice Department, career prosecutors in the U.S. attorney’s office in Washington will determine whether charges are warranted, and Attorney General Merrick B. Garland will approve or deny their recommendation.
Key Aspects of the Jan. 6 Inquiry
Card 1 of 8The House investigation. A select committee is scrutinizing the causes of the Jan. 6 riot at the U.S. Capitol, which occurred as Congress met to formalize Joe Biden’s election victory amid various efforts to overturn the results. Here are some people and places being examined:
Donald Trump. The former president’s movement and communications on Jan. 6 appear to be a focus of the House panel’s investigation. But Mr. Trump has attempted to shield his records, invoking executive privilege. The dispute is making its way through the courts.
Mark Meadows. House investigators said that Mr. Trump’s chief of staff played a far more substantial role in plans to try to overturn the election than was previously known. The House voted to recommend holding Mr. Meadows in criminal contempt of Congress for defying the panel’s subpoena.
The PowerPoint document. The committee is scrutinizing a PowerPoint document of unknown origin filled with extreme plans to overturn the election. Mr. Meadows received the document in an email from an unknown sender and turned it over to the panel before he stopped cooperating.
Laura Ingraham, Sean Hannity and Brian Kilmeade. The Fox News anchors texted Mr. Meadows during the Jan. 6 riot urging him to persuade Mr. Trump to make an effort to stop it. The texts were part of the material that Mr. Meadows had turned over to the panel.
Steve Bannon. The former Trump aide has been charged with contempt of Congress for refusing to comply with a subpoena, claiming protection under executive privilege even though he was an outside adviser. His trial is scheduled for next summer.
Jeffrey Clark. The little-known official repeatedly pushed his colleagues at the Justice Department to help Mr. Trump undo his loss. The panel has recommended that Mr. Clark be held in criminal contempt of Congress for refusing to cooperate with its inquiry.
The Willard Hotel. What unfolded at the five-star hotel near the White House before the riot has become a prime focus of the panel, which is pressing for answers about gatherings of Mr. Trump’s allies who were involved in the effort to overturn the election.
The department moved with relative speed in Mr. Bannon’s case, taking about three and a half weeks to decide that contempt charges were warranted.
But the Meadows case is more complicated, legal experts say, in part because Mr. Meadows had already provided numerous documents to the committee, along with a list of documents that he withheld because of privilege issues. Mr. Meadows was an administration official while he was advising Mr. Trump, and his lawyer has argued that as a former presidential adviser he has immunity and does not need to testify.
The Justice Department has long asserted broad immunity for close presidential advisers, said Jonathan D. Shaub, a law professor at the University of Kentucky who worked at the Justice Department’s Office of Legal Counsel.
Representative Maxine Waters, Democrat of California, suggested that Mr. Navarro could be next.
“If they don’t comply, then we’ve got to get them charged with defying the subpoena request,” she said. “We’ve just got to do it.”
No doubt, the courts are moving more swiftly since the change of power in the White House Counsel’s Office. In two separate rulings — the first in 2019, the second last month — judges said that the Trump White House must cooperate with House oversight demands. But the case two years ago chewed up three and a half months by the time Judge Ketanji Brown Jackson issued a 120-page opinion to end its first stage. Just 23 days elapsed between Mr. Trump’s filing to block the release of Jan. 6 papers and Judge Tanya Chutkan’s ruling against him in November.