"I hope that the committee goes after them and holds them accountable," Biden said, indicating the House of Representatives Select Committee probing the riot.
Questioned whether he thought the Justice Department should prosecute, Biden told reporters, "I do, yes."
The panel intends to vote on Tuesday on fostering a contempt of Congress report against Steve Bannon, a longtime adviser to former President Donald Trump who has not complied with the committee's subpoena.
In the lead-up to the Jan. 6 riot in the U.S. Capitol, Bannon has admitted telling Trump: "We are going to kill it in the crib. Kill the Biden presidency in the crib." He was ordered to testify Thursday before the House Select Committee investigating the insurrection. But, instead, like the titular character in Samuel Beckett's play "Waiting for Godot," Bannon failed to show.
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Bannon's choice to oppose a valid congressional subpoena is why the Jan. 6 committee will meet on Tuesday, Oct. 19, to vote on referring to Bannon for federal criminal contempt charges. After the Select Committee votes, the full House will vote on recommending that the Department of Justice bring criminal contempt of Congress charges against him. Assuming the House votes in favor of the referral, it will be up to the DOJ to decide whether to seek prosecution.
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Does this mean Bannon will be held constitutionally responsible for preventing the Select Committee's investigation into the insurrection at the Capitol? Probably not.
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Trump prompted former aides to resist helping, citing executive privilege, which legal experts in turn dispute and Biden has declined to recognize.
If the panel passes the scorn case against Bannon, it will go to a full House vote. Up from there, the Justice Department and Attorney General Merrick Garland would determine whether or not to seek prosecution.
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In response to Biden's remarks on Friday, a Justice Department spokesperson told ABC News that the department "will make its own independent decisions in all prosecutions based solely on the facts and the law."
Hundreds of demonstrators rushed the U.S. Capitol building on Jan. 6 in an attempt to prevent Biden's triumph. Several deaths, injuries and Capitol officer suicides have been associated with the event.
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The committee has called upon other officials, including former Justice Department official Jeffrey Clark, Trump's former chief of staff Mark Meadows, deputy chief of staff Dan Scavino, and former Defense Department official Kash Patel.
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