The House of Representatives voted Thursday to charge Steve Bannon with contempt of Congress.
Bannon has refused to comply with a subpoena from the select committee investigating the Jan. 6 attack.
Nine Republicans joined every Democrat in voting to refer Bannon for criminal prosecution.
"Mr. Bannon's willful disregard for the select committee's subpoena demonstrates his utter contempt for the American people's right to know how the attacks on Jan. 6 came about," said Rep. Adam Kinzinger, one of the two Republicans on the committee.
House Speaker Nancy Pelosi will now certify the contempt report for the United States Attorney for the District of Columbia, who could formally bring the charge.
Attorney General Merrick Garland wouldn't commit Thursday to prosecute Bannon.
"The Department of Justice will do what it always does in such circumstances, we'll apply the facts and the law and make a decision, consistent with the principles of prosecution," Garland said Thursday, according to CNN.