Trump 2020 Campaign Communications Director Tim Murtaugh told “Outnumbered Overtime”  that he believes that the latest lawsuit the campaign filed in Pennsylvania will “prevail,” even though election lawsuits in other battleground states have been rejected.

Murtaugh claimed that Pennsylvania had conducted “an unconstitutional election,” explaining that “depending on where you were in the state and when you voted, you were treated differently.”

Trump has insisted that ballots have been improperly counted and argued that President-elect Joe Biden’s claim of victory is premature. Trump vowed that his campaign would continue to file legal challenges in states where Biden was declared a narrow winner.

The Fox News Decision Desk called the race for Biden on Saturday after results in Pennsylvania and Nevada put him above the 270 electoral vote threshold necessary to clinch victory in the Electoral College.


The Trump campaign has filed suits in several battleground states where Biden leads by narrow margins, including Nevada, Pennsylvania and Georgia. It has claimed instances of illegally counted votes after Election Day took place, as well as that poll watchers were blocked from observing counting.

So far, lawsuits in Georgia, Michigan and Nevada have been rejected.

On Sunday, Rudy Guiliani, Trump's personal attorney, estimated his team will file four or five lawsuits over alleged voter fraud in battleground states by the end of the week and said Trump is right not to concede.

Giuliani told Fox Business Network's “Sunday Morning Futures” that his team may have enough evidence to "change Pennsylvania," claiming that hundreds of thousands of votes were "completely invalid."

He said that he planned to file a lawsuit in Pennsylvania on Monday “for violating civil rights, for conducting an unfair election, for violating the law of the state, for treating Pittsburgh and Philadelphia different than the rest of the state, which is an equal protection violation, which goes under Bush v. Gore.”

"We're at now 450,000 definite mail-in ballots that they separated from the envelope, threw the envelope away. We can never tell if they're valid or not," Guiliani continued.

On Tuesday, Murtaugh claimed that “Democrat voters in Philadelphia were called and said, you better come on in, there might be a problem with the mail-in ballot that you submitted and they were invited to come in and cast a provisional vote before Election Day.”

“That is not allowed,” he stressed, aruging that “Republican voters were not given that same opportunity."

He went on to say that those who voted in person in Pennsylvania, “were subjected to rigorous security standards,” which including checking ID’s and confirming signatures.


By contrast, Murtaugh added, "there were no such safeguards" for the more than two million voters who mailed in a ballot in Pennsylvania.

“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.”

Fox News’ Tyler Olson, Ronn Blitzer and Evie Fordham contributed to this report.