The House committee investigating the January 6 riot has shared a criminal contempt report on after Steve Bannon skipped out on his subpoena to testify, insisting he would not do so until the matter of former President Trump's executive privilege is settled. Last week, the committee announced it would move forward with criminal charges. Rep. Bennie Thompson, chair of the select committee, said in a statement that Bannon was 'hiding behind insufficient, blanket and vague statements regarding privileges he has purported to invoke.' Lawmakers investigating January 6th Capitol attack asked Steven Bannon for documents and testimony from April 2020 onwards relating to the attack. Pictured in August 2020 'The Select Committee will not tolerate defiance of our subpoenas, so we must move forward with proceedings to refer Mr. Bannon for criminal contempt.' The panel is scheduled to vote on the criminal referral on Tuesday night, and if charged, Bannon faces up to a year in jail or a $100,000 fine. The criminal contempt report details the correspondence between Bannon and the committee with information about what happened on the day he was scheduled to make his deposition. 'Mr. Bannon has relied on no legal authority to support his refusal to comply in any fashion with the subpoena,' the report states. Robert Costello, said Trump's 'executive privilege' meant that Bannon was unable to comply with the request to supply information to the select committee The select committee also notes executive privilege has not been invoked, nor has there been any communication with former President Trump on the issue. 'The Select Committee has not been provided with any formal invocation of executive privilege by the President, the former President or any other employee of the executive branch,' the report notes. However, it details that Bannon was a private citizen during the period of time over which the committee is seeking information, adding: 'The law is clear that executive privilege does not extend to discussions between the President and private citizens relating to non-governmental business or among private citizens.' 'At no point during the time period under investigation by the Select Committee was Mr. Bannon a government employee, much less a key White House adviser in the Office of the President.' Furthermore, the committee says that the information it is seeking from Bannon does not involve Trump and is therefore another reason as to why there is no need for it to be protected. The committee, pictured, has said it will now bring criminal contempt proceedings against former the White House strategist on Tuesday night The subpoena seeks documents and communications dating back to April 1, 2020 and asks Bannon to produce any permits and documents related to the planning, financing, objectives and communications for the pro-Trump January 6 rally on the National Mall and Capitol. It also asks for Bannon to provide any communications he may have had with various far-right extremist groups including the Proud Boys, the Oath Keepers and Three Percenters, and InfoWars Alex Jones. Hours after Bannon's deadline on October 7 to provide such documents to the committee had passed, his lawyer Robert J. Costello sent a letter to say his client was not going to comply with the request and cited a note from the Trump team which urged a deal on executive privilege to be worked out first. Trump has claimed that his communications with aides are protected by executive privilege, a legal doctrine that protects the confidentially of some White House communications. But legal experts have said he cannot lawfully use executive privilege because he is now the former president. Trump has claimed communications with aides are protected by executive privilege, a legal doctrine that protects the confidentially of some White House communications. Legal experts have said he cannot lawfully use executive privilege because he is now the former president Five days later on October 13 when it appeared progress might be being made on having Bannon make a deposition, Costello informed the committee that he would not be appearing, once against citing executive privilege. The following day, when Bannon was supposed to make his deposition, the committee was adjourned six minutes after starting proceedings when it became clear Bannon was not going to show up. Last Friday, the committee chairman Bennie Thompson informed Costello that a criminal contempt referral would now be made with Bannon seemingly not having any immunity from appearing nor having provided any of the requested documents. If the report is adopted in committee later on Tuesday, it will then pass to the House, where a vote will take place. Speaker Nancy Pelosi would then have to certify the report to the United States attorney for the District of Columbia although the Justice Department will also make a decision on whether to proceed with a prosecution. Bannon was a private citizen and no longer working for the White House at time. Pictured 2018 Anyone found guilty in contempt of Congress could be jailed for up to a year, but such a procedure is rarely invoked and if anything maybe more of a warning shot to Bannon. 'Our goal is to have him testify. I think that this will send a strong message that there are consequences for not testifying,' Democratic Rep. Elaine Luria of Virginia told CNN on Friday. 'His testimony is very important for the committee.' The committee has subpoenaed other officials including former Justice Department official Jeffrey Clark, Trump former chief of staff Mark Meadows, deputy chief of staff Dan Scavino and former Defense Department official Kash Patel. The attack on the Capitol by Trump supporters took place as Congress met to certify Democrat Joe Biden's election victory over Trump, delaying that process for several hours as then-Vice President Mike Pence, members of Congress, staff and journalists fled. More than 640 people face criminal charges stemming from the event. The attack on the Capitol by Trump supporters took place as Congress met to certify Democrat Joe Biden's election victory over Trump More than 640 people face criminal charges stemming from the event All rights reserved for this news site (dailymail) and under his responsibility