The Jan. 6 select committee is set to vote Tuesday night on whether to hold onetime Trump White House aide Stephen Bannon in criminal contempt, a move that—if successful—will once again put the Biden Justice Department in the position of determining how to act in a high-profile matter involving the former president and the Capitol riots.

Bannon is facing the penalty after he failed to comply with a congressional subpoena for documents and testimony over his role in the Jan. 6 attacks. The Trump ally cited a privilege claim made by the former president, but the bipartisan leaders of the committee rejected that effort as consisting of “insufficient, blanket, and vague statements regarding privileges he has purported to invoke.”

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