The former top Donald Trump adviser Steve Bannon has been indicted by a grand jury for two counts of contempt of Congress after failing to appear before a congressional committee investigating the 6 January attack on the Capitol in Washington DC.

The justice department said Bannon, 67, had been indicted on one count for refusing to appear for a deposition and the other for refusing to provide documents in response to the committee’s subpoena. It wasn’t immediately clear when he would be due in court.

CNN reported that an arrest warrant for Bannon had already been signed by a judge.

The US attorney general, Merrick Garland, said the indictment reflected the justice department’s steadfast commitment to ensuring it adhered to the rule of law, no matter who is accused of a crime.

“Since my first day in office, I have promised justice department employees that together we would 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,” said Garland.

Each count carries a between 30 days and a year in jail.

The 6 January committee was created in the House of Representatives to investigate the attack, which saw a pro-Trump mob rampage through the Capitol in an attempt to disrupt the certification of Joe Biden’s 2020 election victory over Trump.

Some of the committee’s work has been stymied by a lack of cooperation from top Trump administration officials who have refused to comply with subpoenas to testify or turn over documents.

Earlier on Friday, Trump’s former White House chief of staff Mark Meadows failed to appear before the committee. He also faces a criminal referral to the justice department for contempt.

Congressman Adam Kinzinger, a Republican on the committee, told CNN he hoped the move would send a “chilling message” to other subpoena recipients.

“It sends a really important message to future invited witnesses … You cannot ignore Congress,” Kinzinger said.

Bannon’s attorney did not immediately respond to a message seeking comment.