The House voted on Wednesday to hold two of Donald Trump’s top advisers – Peter Navarro and Dan Scavino – in criminal contempt of Congress for their months-long refusal to comply with subpoenas issued by the House select committee investigating the January 6 Capitol attack.

The approval of the contempt resolution, by a vote of 220 to 203, sets the two Trump aides on the path toward criminal prosecution by the justice department as the panel escalates its inquiry into whether Trump oversaw a criminal conspiracy to overturn the 2020 election.

Congressman Jamie Raskin, a member of the select committee who introduced the contempt resolution to the House floor, said the select committee needed the House to advance the measure in order to reaffirm the consequences for defying the January 6 investigation.

Citing a ruling by a federal judge last week that Trump “likely” committed felonies to return himself to the Oval Office for a second term, Raskin said on the House floor that the panel wanted Navarro and Scavino’s cooperation because they engaged in trying to overthrow an election.

But having refused to comply with their subpoenas in any form, Raskin said that “these two witnesses have acted in contempt of Congress and the American people; we must hold them in contempt of Congress and the American people”.

The contempt citations approved by the House now head to the justice department and the US attorney for the District of Columbia, Matthew Graves, who is required by law to weigh a prosecution and present the matter before a federal grand jury.

Should the justice department secure a conviction against the Trump aides, the consequences could mean up to a year in federal prison, $100,000 in fines, or both – though it would not force their compliance, and pursuing the misdemeanor charge could take months.

The subpoena defiance by Navarro and Scavino meant the select committee was ultimately unable to extract information directly from them about Trump’s unlawful scheme to have then-vice president Mike Pence stop Joe Biden’s election win certification on 6 January.

But the panel has quietly amassed deep knowledge about their roles in the effort to return Trump to office in recent weeks, and senior staff decided that they could move ahead in the inquiry without hearing from the two aides, say sources close to the inquiry.

The determination by the select committee that Navarro and Scavino’s cooperation was no longer essential came when it found it could fill in the gaps from others, the sources said, and led to the decision to break off negotiations for their cooperation.

The final decision to withdraw from talks reflected the panel’s belief that it was not worth the time – the probe is on a time crunch to complete its work before the November midterms – to pursue their testimony for potentially only marginal gain, the sources said.

House investigators had sought cooperation from Navarro, a former Trump senior advisor for trade policy who became enmeshed in the effort to reverse Trump’s election defeat, for around a month until it became apparent they were making no headway.

The select committee issued a subpoena to Navarro since he helped devise – by his own admission on MSNBC and elsewhere – the scheme to have Pence stop Biden’s certification from taking place as part of one Trump “war room” based at the Willard hotel in Washington.

Navarro also worked with the Trump campaign’s legal team to pressure legislators in battleground states win by Biden to decertify the results and instead send Trump slates of electors for certification by Congress at the joint session in January 6.

But when that plan started to go awry, Navarro encouraged then-Trump White House chief of staff Mark Meadows to call political operative Roger Stone to discuss January 6, the panel said in its contempt of Congress report published last week.

The former Trump aide, however, told the select committee – without providing any evidence – that the former president had asserted executive privilege over the contents of his subpoena and would therefore not provide documents or testimony.

With Scavino, the select committee first issued Trump’s former deputy White House chief of staff for communications in September last year, since he had attended several meetings with Trump where election fraud matters were discussed, the panel said.

But after the panel granted to Scavino six extensions that pushed his subpoena deadlines from October 2021 to February 2022, the former Trump aide also told House investigators that he too would not comply with the order because Trump invoked executive privilege.

The select committee rejected those arguments of executive privilege, saying neither Navarro nor Scavino had grounds for entirely defying the subpoenas because either Trump did not formally invoke the protections, or because Biden ultimately waived them.

At the business meeting last week where the select committee voted unanimously to recommend that the full House find Navarro and Scavino in contempt of Congress, Raskin delivered an emotional rebuke of the supposed executive privilege arguments.

“This is America, and there’s no executive privilege here for presidents, much less trained advisors, to plan coups and organize insurrections against the people’s government in the people’s constitution and then to cover up the evidence of their crimes.

“These two men,” Raskin said of Navarro and Scavino, “are in contempt of Congress and we must say, both for their brazen disregard for their duties and for our laws and our institutions.”

Attending an event featuring Trump at Mar-a-Lago on Tuesday night, Navarro made a point of appearing aloof to his impending referral to the justice department. “Oh that vote,” Navarro said dismissively, the Washington Post reported.