The House committee investigating the Jan. 6 riot at the U.S. Capitol advanced a measure Monday to refer former Trump aides Peter Navarro and Dan Scavino to the Justice Department for criminal contempt of Congress charges.

The committee voted 9-0 to send the recommendation to the House. The panel consists of seven Democrats and two Republicans, who are participating without the approval of GOP leadership.

The panel’s vote paves the way for the House to vote on whether they should each be referred to the Justice Department for a misdemeanor that carries up to a year in prison and fines up to $100,000.

Navarro, a trade adviser during the Trump administration, and Scavino, who served as White House deputy chief of staff, have defied subpoenas from the committee demanding they testify and turn over documents relevant to last year’s attack that disrupted the 2020 electoral vote count during a joint session of Congress.

According to a report issued by the committee Sunday, both Navarro and Scavino have cited “executive privilege” as their reason for not cooperating with the panel, arguing only former President Donald Trump can waive that privilege even though President Joe Biden already has.

The committee said the former aides “played key roles in the ex-president’s effort to overturn the 2020 election.”

Specifically, the panel said Navarro has publicly boasted about plans to upend the 2020 election results, and even published a book last year in which he referred to the plan as the ‘‘Green Bay Sweep.’’ He said “it was designed as the ‘last, best chance to snatch a stolen election from the Democrats’ jaws of deceit.’’’

In detailing the plan, Navarro said the goal was to have members lawmakers on Capitol Hill debate the electoral results from six swing, with the hope of having Congress declare the results to be in dispute. That would set the stage for the House to select the president based on each congressional delegation getting one vote. Since Republicans controlled more state delegations than Democrats, Navarro’s plan assumed that Trump would receive a second term in office.

Navarro has said that Trump was “on board with the strategy,” along with more than 100 members of Congress, according to the committee’s report.

In a statement after the vote, Navarro doubled down on his executive privilege claims.

“The Select Committee’s witch hunt is predicated on the ridiculous legal premise that Joe Biden can waive Donald Trump’s Executive Privilege. The Supreme Court will say otherwise when the time comes — as it surely must — and the DOJ knows such nonsense would gut Executive Privilege and the critical role it plays in effective presidential decision making,” he wrote in a statement that also repeated false claims that the election was stolen.

Trump had argued that the National Archives should be prevented from turning over White House records surrounding Jan. 6 on the basis of executive privilege. Biden disagreed with the executive privilege claim and instead directed the National Archives to release the material.

The U.S. Circuit Court of Appeals for the District of Columbia ruled against Trump in December, saying the former president’s executive privilege argument wasn’t strong enough to overcome Biden’s decision that Congress had a legitimate legislative purpose in pursuing the Jan. 6 documents. The Supreme Court in January said it wouldn’t block the release of the Trump White House records, many of which have since been shared with the Jan. 6 committee.