Trump Campaign’s Latest Lawsuit in Pennsylvania Will ‘Prevail’: Murtaugh

November 10, 2020 Updated: November 11, 2020

Trump campaign communications director Tim Murtaugh said Tuesday that he believes the campaign’s latest lawsuit filed in Pennsylvania will “prevail.”

During an appearance on Fox News’ “Outnumbered Overtime,” Murtaugh said that the state, which holds 20 Electoral College votes, had conducted “an unconstitutional election.”

“Depending on where you were in the state and when you voted, you were treated differently,” he said.

The Trump campaign filed a lawsuit (pdf) a day earlier against Pennsylvania Secretary of State Kathy Boockvar and seven county boards of election—Allegheny, Centre, Chester, Delaware, Philadelphia, Montgomery, and Northampton, claiming that “almost every critical aspect” of the state’s election was “effectively shrouded in secrecy.”

It alleges that the Pennsylvania election process violated the Constitution by creating different standards of verification and transparency for mail-in and in-person voters, as well as disparate treatment of Republican and Democrat voters and poll watchers.

Trump campaign legal counsel Matt Morgan told reporters Monday that in Philadelphia and Allegheny, there were over 682,000 ballots that were tabulated outside the view of GOP observers who were entitled by law to review them.

He also said the razor thin margin in Pennsylvania is “very close” to the state’s automatic recount rules, and that the lawsuit could “swing that.”

Epoch Times Photo
A man watches on from the observers area as election workers count ballots at the Philadelphia Convention Center in Philadelphia, Pa., on Nov. 6, 2020. (Chris McGrath/Getty Images)

An automatic recount is triggered if the margin of victory is less than or equal to 0.5 percent, but would have to be ordered by the secretary of state no later than 5 p.m. on the second Thursday following the election.

According to an unofficial vote count from the Pennsylvania Department of State, Biden has received 3.35 million votes to Trump’s 3.31 million votes. Percentage-wise, Biden has 49.7 percent, compared to Trump’s 49.1 percent.

The Trump campaign also filed a lawsuit (pdf) Monday alleging the state election process violated the Equal Protection Clause and the Elections and Electors Clauses of the Constitution, by creating different standards of verification and transparency for mail-in and in-person voters.

The 105-page lawsuit alleges that both the system and the way it was enacted created a lower barrier for mail-in ballots, and “diluted” the weight of legally-cast in-person ballots.

Murtaugh’s comments came days after former New York Mayor Rudy Giuliani, one of President Donald Trump’s personal lawyers, that the Trump campaign may have sufficient evidence to change the state’s election results.

Giuliani told Fox News’ Maria Bartiromo that lawsuits being filed by Trump’s reelection campaign might show that as many as 900,000 invalid ballots were cast in the battleground state.

“I think we have enough to change Pennsylvania. The Pennsylvania election was a disaster,” Giuliani said, responding to a question from the host about whether the evidence is enough to change the fate of the presidential election.

“We have people that observed people being pushed out of the polling place. We have people who were suggested to vote the other way and shown how to do it. I’m giving you the big picture,” he said.

While mail-in ballots were being counted, GOP Pittsburgh observers were “kept out of the room or kept away from the room” for a period of 24 hours, Giuliani alleged.

mail-in ballot Philadelphia
Boxes of counted ballots are seen locked in the ballot storage area at the Philadelphia Convention Center in Philadelphia, Pa., on Nov. 6, 2020. (Chris McGrath/Getty Images)

“Even though we went to court and we were allowed to move six feet closer, the Democrat machine people moved the counting place six feet further away. This is documented on videotape. There are upwards of 50 witnesses,” he said.

“We have evidence now—from not only the Post Office, but from others—that there was back-dating. I can only tell you right now that that amounts to about 2,000 or 3,000 votes,” Giuliani added.

Several major election fraud accusations have been made in the Keystone State. A U.S. Postal Service worker said he overheard superiors discussing backdating ballots. Senate Judiciary Chairman Lindsey Graham (R-S.C.) said he’s calling on the Department of Justice to look into the allegations.

Murtaugh claimed Tuesday that Democrat voters in Philadelphia who had problems with their submitted mail-in ballots were contacted by election officials about and told to “come in and cast a provisional vote before Election Day.”

“That is not allowed,” Murtaugh said, adding that Republican voters “were not given that same opportunity.”

“You cannot have an election and treat different voters differently within the same state,” Murtaugh said. “That is a violation of the equal protection clause of the U.S. Constitution and it’s a very, very, serious offense.”

The Epoch Times won’t declare a winner until all election results are certified and any legal challenges are resolved.

Charlotte Cuthbertson and Simon Veazey contributed to this report.