Although Justice might ultimately bring charges against the former White House aides, they said, the department must first grapple with several issues including the aides claiming executive privilege, the legal opinions from the department that give such people broad protection from having to appear before Congress, and the precedents that indictments might set in bringing other criminal cases.

Federal prosecutors criminally charged former White House chief strategist Stephen K. Bannon with contempt in November, less than a month after the House referred him. But Bannon had stopped working for President Donald Trump long before Jan. 6, 2021.

Analysts say those who were still employed by the White House leading up to the riot, such as Meadows, Navarro and Scavino, have at least somewhat plausible claims that they cannot be compelled to testify, which could complicate bringing charges against them. That is because Trump can claim their conversations should be shielded by executive privilege.

The Justice Department historically has defended the right of the executive branch to assert executive privilege, and past Justice Department legal opinions have asserted that Congress cannot make the president’s top advisers talk about their official duties.