Filing a revised indictment against the former president. Well have expert legal analysis on this new development in just a moment. Meanwhile, donald trump says he will debate Vice President Kamala Harris in two weeks, but the Harris Campaign now says one major issue still needs to be resolved. And we have more details unt the operation that rescued an israeli man who was held hostage by hamas for more than 300 days. Good morning and welcome to way too early on this wednesday, august 28th. Im ali vitali, in for jhonattan lemere. Former President Donald Trump is blasting an indictment against him as a shocking and direct assault on democracy, in his words. Trump fired off that response on social media late yesterday just hours after he was indicted once again over his efforts to overturn his 2020 president ial election. That, of course, being the election he lost. The effort culminated in the january 6th, 2021 attack on it u. S. Capitol. Yesterday Special Counsel jack smith filed a super seed nothing indictment, which was voted on in return by a new federal grand jury. It included the same four charges, though, that trump faced in the original indictment last august. They include conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and an attempt to obstruct an official proceeding, and conspiracy against rights. This revised indictment is intended to deal with the Supreme Courts decision from july that trump had broad immunity from charges relating to official acts as president. And while the charges are the same, some of the evidence has essentially been whittled down in light of that ruling. Specifically, the indictment removes all references to trumps attempts to use the Justice Department to advance his claim of election fraud. And its now written in such a way to highlight that trump was a candidate for office, something that courts have recognized in the past to be private, essentially, nonofficial, conduct. Even if that candidate is the current incumbent president. A source familiar with the Trump Defense team tells nbc news this revised indictment was, quote, not a surprise, again, contradicting what the president wrote on social media, but the legal team did not expect it to be filed yesterday. And as we mentioned donald trump reacted to yesterdays Superseding Indictment with anger. On a series of posts on truth social, trump railed against the revised filing, incorrectly arguing that the Supreme Court had granted him full immunity. He then called it an attempt to interfere with the election, a direct assault on democracy, unprecedented abuse, and the single greatest sabotage of our democracy in history. He also wrote, quote, it is doj policy that the department of justice should not take any action that will influence an election within 60 days of that election. But we got to point out trump is the one who has continuously sought to delay this trial until after the election. Speaking from the campaign trail, trumps running mate, ohio senator j. D. Vance, also weighed in. I dont think that it changes anything legally. I think its clearly an effort to try to do more Election Interference from jack smith. He should be ashamed of himself, but its one of it reasons why we have to win because he should not be anywhere near power. Mean wile, in an interview that aired last night on cbs news, Justice Ketanji Brown Jackson was asked about the Supreme Courts immunity ruling. In your dissent you wrote that the court declared for the first time in history that the most powerful official in the United States can under circumstances yet to be fully determined become a law unto himself. It sounds like a warning. Well, i mean, that was my view of what the court determined. You were concerned about broad immunity. I was concerned about a system that appeared to provide immunity for one individual under one set of circumstances. When we have a criminal Justice System that had ordinarily treated everyone the same. Joining us now is former u. S. Attorney and msnbc contributor barbara mcquade. Barbara, we both eboth know very rare to here from a sitting Supreme Court justice like that. First, i want to get your reaction on this Superseding Indictment against donald trump. We pointed out one of the key differences regarding taking out some of the department of justice stuff that was in the initial indictment, but what else stood out to you here . Well, i think one of the things that is important to note here in complete contradiction to what were hearing from donald trump and from j. D. Vance, the reason that this new indictment was presented to a grand jury and then returned by a grand jury was to make sure that the indictment was untainted by any evidence that has been deemed to be immune. And so the prior grand jury had returned an indictment, but they had heard all of this testimony about abuse of the Justice Department. And so one could argue theoretically that that grand jury heard some things they werent supposed to hear when they indicted that first case. And so to present brand new to a brand new grand jury only evidence that has been scrubbed of any official conduct that could be labeled immune did this grand jury once again return an indictment against donald trump. So i think this is an effort by the Justice Department to act out of an abundance of fairness. Ill also note that to the extent the Justice Department considers the 60day coolingoff period to be in effect with even a Superseding Indictment, were still beyond 60 days. And so theres nothing wrong with filing an indictment at this stage. Yeah, certainly, thats right. And i think that was something that struck me as well, this idea that trump cant go after a jury that has been prebiased to something that is now new in front of them. I think the other thing that struck me as i was reading through this is the ways in which they tried to reallyism up the idea that in this interactions with his Vice President , it wasnt official, the Special Counsel is trying to argue, because it was in pences role as president of the senate and in his capacity as someone who is certifying the election results. All of this leads to the question that judge chutkan is going to have to adjudicate, which is did he rework this enough . Yeah, i think thats right. And i think intrump team will attack this and say all this conduct is official and immune from criminal prosecution. But as you point out one of the things they do here at any many junctures in this indictment point out, for example, trumps speech at the rally was a Campaign Speech that was privately funded, so making it clear this was not official conduct. That conversation with mike pence in his capacity as president of the senate discussing blocking the certification. Even the very first paragraph of the indictment now refers to donald trump not as the 45th president of the United States but as a candidate for president in 2020. And so i think that will be argued, but i think they have paired away all the official conduct now such this should be in good shape to go forward. Well see if the courts agree. Changes big and small. I think now the next big question is what happens next, and on what kind of a time line . Obviously trump is already complaining about it, we pointed out why were here in the first place. What do you think the best Case Scenario is for hearing this as soon as possible . Well, judge chutkan, youll recall, wanted to hear this earlier in august, and it was jack smith who asked for a little extra time. We now know why because he was seeking the Superseding Indictment and needed to get the evidence before the grand jury. Hell be back in court on friday to sort of lay out what the time frame is going to be, and i suspect that judge chutkan, you know, she should be acting without regard to the election. She should be trying to fulfill the publics right to a speedy trial. No doubt this case will not go to trial, but The Next Step to the ball moving is to have that hearing, to go through paragraph by paragraph and decide whether this is free of official conduct that immune, both sides will argue. It may be necessary to actually scour the evidence in the case, but i dont expect what some are calling a mini trial, where they actually put up witnesses to testify. I dont think the prosecution would find that valuable to their case, and i dont think theyre thinking about trying to influence the election. In fact, theyre trying to do anything but. I think on their papers they can submit what they anticipate their evidence to be, the judge will rule, and im sure well see this case appealed all the way up to the Supreme Court before the case is ready to go to trial. But i think at least some of these allegations are going to survive, and so long as donald trump is not president and cant dismiss the case, i think this case will get to trial some time in 2025. You make such a good point here that the courts might not be and that sort of throws the entire system into a different time line and turmoil. Former u. S. Attorney and msnbc contributor barbara mcquade, thank you for getting up early with us. Were learning about an incident that took place earlier this week when former President Trump visited Arlington National cemetery for a wreath laying ceremony. Npr was first to report that two Trump Campaign staffers had a confrontation with a Cemetery Official who tried to prevent them from filming. Trump Campaign Spokesman Stephen Chung denied of the report saying no physical altercation occurred, adding the campaign would be willing to release footage but one had tried to block. Arlington cemetery put out a statement itself confirming an incident took place and a report had been filed. That Statement Reads in part federal law prohibits Political Campaign or election related activities within Army National Military Cemeteries to include photographers, content creators, or any other persons attending for purposes or in direct support of a partisan political candidates campaign. And donald trump now says he will participate in the president ial debate with Vice President Kamala Harris. Are you keeping up here . Its been back and forth. The former president posted on his Social Media Platform last night that hed come to an agreement with the Harris Campaign for the rules for the September 10th event which will be hosted by abc news. Trump wrote the rules will be the same as his debate with president joe biden, meaning microphones will be muted while candidates are speaking. But the Harris Campaign pushed back saying negotiations on the mics are still ongoing, and in their own statement mocked Frump Interest letting his handlers overrule him on the issue. Youll remember he initially said its fine for him to have the mics on. Now the Harris Campaign pointing out the dissonance between those two camps. And now former President Trump selling new Trading Cards at a hefty price. Trump pointed out the America First collection setting a price of 99 a piece. Hello, everyone. This is your favorite president , donald j. Trump, with some very exciting news. By popular demand i am doing a new series of trump digital Trading Cards. You all know what they are. Weve had a lot of fun with them. Its called the America First collection. 15 all new stunning digital Trading Cards. Its really something. These cards show me dancing and even holding some bit coins. Trump also announced that buyers who purchase 15 digital cards will get one physical card, which allegedly includes a piece of the suit he was wearing during his june debate with president joe biden. And by purchasing 75 digital cards at 99 each, buyers will receive an invitation to a gala dinner attended by trump at maralago. Still ahead, the harriswalz campaign is heading to georgia today with several other battleground stops planned this weekend. Well run through that busy schedule coming up next. Plus, the Trump Campaign is out with a new push for pennsylvania voters to embrace mail in voting, but just this week it seemed the former president was complaining about the issue once again. Those stories and a check on sports and the weather when we come right back. K on sports and the weather wn hewe come right back. Pete g. Writes, my tween wants a new phone. How do i not break the bank . We gotcha, pete. Xfinity mobile was designed to save you money and gives you access to wifi speeds up to a gig. So you get high speeds for low prices. Better than getting low speeds for high prices. Right, bruce . Jealous . Yeah, look at that. Honestly, someone get a helmet on this guy. Get a free unlimited line for a year when you buy one unlimited line. Plus, get up to 800 off google pixel 9 phones. Switch today Vice President Kamala Harris and Governor Tim Walz will embark on a campaign bus tour of georgia today. Its harris seventh trip to the peach state this year and her second since she announced her president ial capped d. C. Its the democratic tickets first trip to georgia together. The tour will start ipsavannah before making stops in southern typically red georgia counties. Trip will culminate in a Solo Harris Rally tomorrow evening back in savannah. And the harriswalz campaign also has a busy Labor Day Weekend with events Just Announced in several key battleground states. The Campaign Says each event will underscore the importance of the middle class and the american worker. The Vice President will be in detroit this weekend before joining President Biden for a joint appearance in pittsburgh. That will be the second joint event since biden dropped out of the president ial race. Governor tim walz and his wife, gwen, meanwhile, will be campaigning in milwaukee while Second Gentleman Doug Emhoff will be hitting the trail in virginia. Campaign cochair mitch lan drew, and former dnc chair tom perez will attend events in north carolina, nevada, and georgia. Again, underscoring that battleground state map. On the other side of the aisle, there thump campaign is embracing a form of voting that its dt hes previously and continuously called corrupt. Calling on voters to cast their ballots by any means necessary including using mailin and absentee ballots. The campaign and rnc released a campaign on the new initiative claiming it gives pennsylvania voters the ability to directly request mailin ballots, bypassing the Department Of Pennsylvania website. Rnc chair Michael Watly added, quote, as President Trump has consistently said voting by mail, voting aurally, and voting byelection day are all good options. That is true but just a couple days ago their candidate was expressing a very different message on mailin voting during an interview with dr. Phil. I know there are things you are not in favor of this ballot harvesting, this mailin ballots. Its all terrible. It shouldnt be allowed. Its a whole different mind set. But it is. Youre right. Republicans like to go there on tuesday and vote in person, and thats been for, you know, a long time, many years, decades. Decades. Its a familustom. Its a beautiful thing. The democrats play a different game. Anytime you have a mailin ballot, theres going to be massive fraud. In person, mailin, however you want to vote, theyre all good options. Vice president ial nominee j. D. Vance held a rally yesterday in michigan speaking to a crowded horse farm, vance focused on the economy and jobs. He also made a joke about Kamala Harris stealing trumps policies and even said he felt sorry for her. When i read a story this morning that her advisers are considering just copping all of Donald Trumps policies. Theyre more popular. In fact, ive heard that for her debate in just a couple of weeks shes going to put on a navy suit, a long red tie, and adopt a slogan make America Great again. Now, i will confess that in some ways i have a soft hard, ladies and gentlemen. In some ways i feel bad for Kamala Harris. They dont. You dont. But i really im not sure that this is a woman who knows what she actually believes. She is if you think about it shes just a cog in the wheel of a very corrupt system. Still ahead well turn to sports with highlights from major league baseball. Plus two time open champion naomi osaka makes a return to Flushing Me