Donald Trump's former chief strategist Steve K. Bannon surrendered to the FBI on Monday after he was indicted on two counts of criminal contempt when he defied a subpoena issued by the Jan. 6 committee and did not provide documents. 

Both charges can carry up to a year in prison, with a minimum of 30 days and a $1,000 fine.

Bannon, 67, asserted that he has the right to not produce the documents because of executive privilege. 

The House committee wants to question Bannon on what he knew about the attack on the Capitol. The subpoena indicated that Bannon was quoted on his radio show saying “all hell is going to break loose,” just one day before the insurrection. 

Bannon has instructed his supporters to “not take their eye off the ball,” adding "We're taking down the Biden regime."  

It's unclear if Bannon can use "executive privilege" as a defense. Bannon was not a government official on Jan. 6 and the committee wants to ask him about matters that do not involve communication with Trump. 

"The executive privileges belong to President Trump" and his invocation of executive privilege must be "honored," said Bannon’s attorney Robert Costello, according to CNN.

According to the Cornell Legal Institute, executive privilege "is the power of the President and other officials in the executive branch to withhold certain forms of confidential communication from the courts and the legislative branch. When executive privilege is invoked in litigation, the court should weigh its applicability by balancing competing interests."

Attorney General Merrick Garland said that he promises to “show the American people by word and deed that the department adheres to the rule of law, follows the facts and the law, and pursues equal justice under the law.”

The Jan. 6 Committee has subpoenaed 20 other Trump aides including former White House chief of staff Mark Meadows who also failed to appear in court. Others include 2020 campaign manager Bill Stepien, national security advisor Michael Flynn, senior advisor Jason Miller, and former White House personnel director John McEntee.