A referral to the DOJ is more likely to be considered legally sound but I doubt there would even be a trial until 2022 and Bannon would not be jailed awaiting trial. It would have no effect whatsoever on Bannon now. If the Republicans steal the next presidential election Bannon will be pardoned almost by the time the sentence would begin (if not before, Bannon has lawyers to stall things).
Sending the Sergeant at Arms to arrest Bannon this minute would see Bannon in jail in hours or days. Maybe you think it would be less likely to stand up in court in the end, but 1) that’s just speculation, 2) that puts the “court cases take a long time” shoe on the other foot.
I don’t think it’s reasonable to say that the reason congress stopped using inherent contempt is that it didn’t work. It’s an extraordinary act that shouldn’t be done often. People like Bannon think congress is too weak to do it, that is why they are acting the way they are acting.
