House January 6 committee considering contempt for Peter Navarro and Dan Scavino

The House Committee investigating the January 6th attack on the Capitol will meet Monday to consider recommending that the House hold former Trump aides Peter Navarro and Daniel Scavino in contempt for defying congressional subpoenas. 

If the committee recommends a contempt vote and the full House approves the resolution – a likely outcome, given it is made up of Democrats and only two Republicans, who both support investigating the former president's role in the attack – the pair could be referred to the U.S. Attorney for the District of Columbia for prosecution.

The committee issued a subpoena for records and testimony from former White House trade adviser Peter Navarro in February, alleging he developed plans to change the outcome of the election. 

In the weeks leading up to January 6, Navarro promoted a document he called the "Navarro Report" that asserted baseless and discredited claims of election fraud. 

In a statement on Thursday, Navarro called the possible contempt vote "an unprecedented partisan assault on executive privilege." Navarro, along with other Trump allies who have been subpoenaed, have said they cannot overrule Trump invoking executive privilege. President Biden, meanwhile, has rejected the claims of executive privilege. 

"Until this matter has been settled at the Supreme Court, where it is inevitably headed, the Committee should cease its tactics of harassment and intimidation," Navarro said in the statement. "I would be happy to cooperate with the committee in expediting a review of this matter by the Supreme Court and look forward to arguing the case."

In a book published last year, Navarro wrote that he and other Trump advisors constructed a plan called the "Green Bay Sweep" as the "last, best chance to snatch a stolen election from the Democrats' jaws of deceit." 

He described the scheme, which was done in coordination with Steve Bannon, in interviews with The Daily Beast late last year and MSNBC last month. In his appearance on MSNBC, he told host Ari Melber that they had lined up "over 100" congressmen and senators to help challenge the election results in six battleground states that had been won by Joe Biden.

"These were the places where we believed that if the votes were sent back to those battleground states and looked at again, that there would be enough concern amongst the legislatures that most or all of those states would decertify the election. That would throw the election to the House of Representatives," Navarro said, arguing the plan was legal.

In a statement to CBS News at the time of the subpoena, Navarro accused the January 6 committee of being "domestic terrorists" and called their efforts a "partisan witch hunt." He said that since Trump has invoked executive privilege, the committee should "negotiate any waiver of the privilege with the president and his attorneys directly, not through me."

Scavino, the former White House communications director, was subpoenaed for documents and testimony in September, along with former White House Chief of Staff Mark Meadows, former Senior Counselor Steve Bannon, and former Pentagon Chief of Staff Kashyap Patel.

The committee sought his testimony about Mr. Trump's activities and communications in the days leading up to the attack on the Capitol, citing both his presence in the White House that day as well as his more than a decade of work for the former president.

Scavino sued Verizon late last year in an attempt to block the company from handing over his phone records in response to a separate subpoena from the committee. 

The House has already voted to hold Bannon and Meadows in contempt for refusing to comply with subpoenas from the committee. The Justice Department has yet to take action in Meadows' case after the House vote in December. Bannon was indicted for contempt in November and has pleaded not guilty.

The committee has issued more than 90 subpoenas, including ones to Trump's allies, former White House officials, campaign aides and individuals involved in the planning of the rally outside the White House before the Capitol building came under siege. 

House Speaker Nancy Pelosi created the House select committee last year to investigate the January 6 attack, when thousands of Trump supporters descended on the Capitol as Congress counted the electoral votes, a largely ceremonial final step affirming Mr. Biden's victory. Lawmakers were sent fleeing amid the riot, which led to the deaths of five people and the arrests of hundreds more. Trump, who encouraged his supporters to "walk over" to the Capitol during the rally at the Ellipse before the electoral vote count, was impeached by the House one week later for inciting the riot but was later acquitted by the Senate. 

Nikole Killion, Ellis Kim and Caroline Linton contributed to this report