the nnon issue now goes to the justice department, headed by attorney general merrick garland. before today's vote, garland opted not to tip his hand to whether the department will ultimately prosecute him. >> the department of justice will do what it always does in such circumstances; it will apply the facts and the law and make a decision consistent with the principles of prosecution. >> woodruff: the department is already in the middle of prosecuting hundreds of defendants facing criminal charges of their own, stemming from january's riot. now, for a deeper look, i am joined by josh gerstein, senior legal affairs reporter for "politico." josh gerstein, thank you so much for joining us. first of all, tell us again how ordinary is it for the congress to say that someone is in contempt of a committee? >> well, that's happened i think increasingly frequently in recent years, judy. we've seen a number of citations, former attorney general eric holder was cited. former attorney general bill barr was cited. what's really unusual here is to have a criminal referral that the justice