The House of Representatives voted Thursday to hold Steve Bannon in contempt of Congress.
Bannon has refused to comply with a subpoena from the select committee investigating the Jan. 6 attack on the U.S. Capitol.
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 certified the contempt report Thursday, and it was transferred to the United States Attorney for the District of Columbia for possible prosecution.
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.