Audio of Steve Bannon explaining the plan

It says that Trump told three advisers before Election Day that, if he had an early lead in the vote count on election night due to slower counting of mail-in ballots—which were expected to favor Biden—he would “simply declare victory before all the ballots were counted and any winner was projected.”

Smith’s filing also cites audio from October 31, 2020, first revealed by Mother Jones. In it, Trump strategist Steve Bannon said that on election night, “Trump is gonna declare victory. But that doesn’t mean he’s the winner. He’s just gonna say he’s the winner.” Trump “did exactly that” on election night, the brief notes, claiming that he should have won but was a victim of voter fraud.

Smith’s brief reveals that shortly after the election, a Trump aide gave the president an “honest assessment” that his fraud claims would fail in court. “The details don’t matter,” Trump responded.