The House select committee will "swiftly consider" making a criminal referral for Steve Bannon if he continues to defy their subpoena.

Bannon's lawyer told House investigators that former President Donald Trump had instructed him not to comply on the basis of executive privilege, but committee chairman Rep. Bennie Thompson (D-MS) and Rep. Liz Cheney (R-WY) said they would not wait for a court to settle the dispute, reported Politico.

"We will not allow any witnesses to deny a lawful subpoena or attempt to run out the clock, and we will swiftly consider a criminal contempt of Congress referral," the pair said in a statement.

The lawmakers said former White House chief of staff Mark Meadows and former Defense Department chief of staff Kash Patel have been engaging with the committee, while longtime Trump aide Dan Scavino still has not been served with his subpoena.

All four were ordered to turn over documents by Thursday and appear next week for testimony.