Former Trump aide Steve Bannon has been indicted by a federal grand jury on two counts of contempt of the US Congress.
Bannon, who was White House chief strategist under Donald Trump, is accused of failing to comply with a subpoena issued by a House Select Committee investigating the US Capitol riot on 6 January.
The 67-year-old has cited a claim from Donald Trump that his communications are protected by a legal doctrine of executive privilege.
The former president has claimed privilege over documents and interviews committee members are demanding.
Bannon has been charged, nevertheless, with one count of contempt of Congress involving his refusal to appear for a deposition and another involving his refusal to produce documents, the Justice Department said.
Each count carries a sentence of up to a year behind bars.
Attorney General Merrick Garland said the charges reflect a “steadfast commitment” to “equal justice under the law”.
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Former White House Chief of Staff, Mark Meadows, has defied a similar subpoena.
Mr Meadows’ lawyer said there is a “sharp legal dispute” with the panel – again over Mr Trump’s claim of executive privilege.
Committee chairman, Representative Bennie Thompson, said he would be recommending contempt charges against Mr Meadows next week.
In a letter to Mr Meadows’ lawyer, George Terwilliger, Rep Thompson said a failure to answer questions would be considered “wilful non-compliance”.
The White House has said President Biden will waive any privilege that would prevent Mr Meadows from cooperating with the committee.
But Mr Terwilliger said that “legal disputes are appropriately resolved by courts”, adding: “It would be irresponsible for Mr Meadows to prematurely resolve that dispute by voluntarily waiving privileges that are at the heart of those legal issues.”
District Judge Tanya Chutkan has backed Mr Biden’s position, noting in a ruling this week that “presidents are not kings”.