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Rudy Giuliani gave details about the lawsuit he plans to file regarding election results in the battleground state of Pennsylvania.

USA TODAY

The claim: Trump won the 2020 election based on legal votes

A Nov. 17 claim posted to Facebook says President Donald Trump is the true winner of the popular vote in the 2020 election — if “legal” votes are considered.

“I have maintained since election night that Trump is the clear winner, counting the legal votes. But he’s only 23,800 votes away from winning by a squeaker even if you use the crooked vote tallies widely reported by Associated Press,” begins a post on the Facebook page for Clean TV.

Clean TV is a media site owned by publicity agency Special Guests. The agency specializes in bookings for conservative news and talk shows, according to its website.

The post is a synopsis of an attached video by Jerry McGlothlin of “20 Days to Save the USA.” He is also credited as CEO of Clean TV on a LinkedIn page. “20 Days to Save the USA” is the name of a virtual media/news conference featuring conservative pundits and the religious right, according to its website.

In his video, McGlothlin says Trump won the popular vote in 48 states except California and New York and needs to flip only 23,800 votes from President-elect Joe Biden to win the presidency.

“Those would have to come from Arizona, Wisconsin and Georgia to give a tie of 269 to 269 and with a majority of Republican state delegations, Trump would win the presidency for a second term,” McGothlin said.

Biden leads Trump by over 6 million popular votes.  Six swing states — Nevada, Pennsylvania, Michigan, Arizona, Wisconsin and Georgia — have certified the president-elect as the winner of the popular and Electoral College vote, USA TODAY has reported.

McGlothlin did not respond to a request for comment from USA TODAY.

The claim relies on false allegations of illegal ballot tabulation and software failures that helped Biden edge out Trump in key swing states. Election officials say there was no evidence of fraud in the 2020 election, according to USA TODAY.

Trump could reach 269 Electoral College votes in AZ, WI, GA

The Electoral College vote total for Trump stands at 232 and Biden has 306, according to USA TODAY. The final count was solidified on Nov. 19 when the Associated Press declared Biden the winner in Georgia after a recount. 

The claim suggests Trump can “flip” votes in Arizona, Wisconsin and Georgia to tie Biden in Electoral College votes. “This is only if Trump’s legal team is able to shift 22,500 votes, but with all the vote fraud, they should be able to do better than this,” it says.

More: Can Electoral College really tie at 269 to 269 ? Yes. It’s not likely but here’s how it works

The post predates the Georgia recount results, which Biden won by 12,670 votes. Biden beat Trump in Arizona by 10,457 votes and in