Jan Wolfe, Patricia Zengerle

WASHINGTON (Reuters] – On Tuesday, lawmakers will proceed to investigate the fatal Jan. 6 attack on Trump’s Capitol building by Trump supporters. They plan to file contempt of Congress accusations against Steve Bannon his longtime aide for refusing cooperation.

The Democratic-controlled House of Representatives Select Committee is expected to approve a report backing contempt charges against Bannon at a meeting Tuesday evening. The House will vote to approve the report, which may lead to contempt charges that could be used to prosecute Bannon.

According to Monday’s committee report, Bannon’s testimony was and was publicly made available to all. Bannon was said to have made statements suggesting he knew beforehand about “extreme” events on January 6, the day that the U.S. Congress was to certify Democrat Joe Biden the winner in the presidential election.

According to reports, Bannon said that “All hell will break loose tomorrow.” This was the day Trump supporters attacked the Capitol Building and invaded congressional offices in an effort to reverse Trump’s defeat. Trump claimed the attack on police was the result widespread fraud.

Trump urged his associates to refuse the subpoenas by the committee, asserting executive privilege. On Monday, Trump sued the committee, claiming that it made an unlawful, broad and unfounded request for White House records.

Experts in legal law have stated that Trump as an ex-president cannot legally use executive privilege to block subpoenas imposed by the House Committee.

In a meeting that will be held at 7:30 PM EDT (2330 GMT), Tuesday, the Select Committee’s nine members will vote on contempt reports. Aides to Congress said that the House could vote quickly after the votes of this committee.

Bannon refused to work with the committee. It was established by House Democrats, against most Republicans’ wishes. Trump is only two of nine committee members: Adam Kinzinger and Representative Liz Cheney.

Both men have criticised the president. This prompted Republican House members from the Republican Party to suspend Cheney (daughter of ex-Vice President Dick Cheney) from her leadership post.

Trump demanded that his aides refrain from cooperating with the investigation. Bannon countered that he was exempted by the subpoenas issued to the committee. Executive privilege is a legal principle which protects many White House communications.

This argument is refuted by the committee and legal experts.

“Mr. Bannon now willfully fails to both produce a single paper and appear for his scheduled hearing. “The Select Committee considers that the willful refusal of Mr. Bannon to comply with the Subpoena constitutes an infringement of federal law,” Bennie Thompson (the committee chairman) stated in a letter addressed to Bannon.

Robert Costello (Bannon’s lawyer) did not reply to my request for comment.

Biden said that people who refuse to comply with subpoenas should be prosecuted by the Justice Department.

At least 600 people were arrested in connection to the attack. The select committee issued over a dozen subpoenas.

Multiple court systems, officials from state elections and Trump himself have all rejected Trump’s allegations of fraud in election.