Tonight, the Justice Department trying to breathe new life into the criminal case against former President Trump for trying to reverse the last election as he runs for re-election. The GOP nominee now facing a superseding indictment in Washington, DC, with the same core charges but stripped away of some of the alleged acts the Supreme Court has said are off limits and immune from prosecution. Prosecutors had accused Mr. Trump of a sweeping plot to stay in office, leaning on his DOJ, VP, and state officials to help him overturn the election results, all culminating in the violent attack on the Capitol on January sixth.

My office will seek a speedy trial so that our evidence can be tested in court.

But the case was marred in appeals and delays. The Supreme Court's conservative majority dealing the real blow in July, finding Mr. Trump cannot be prosecuted for any official acts as President, sending the case back to the lower court to parse out what he can be prosecuted for, if anything.

You're not going to do if you don't have immunity, because otherwise you're going to be prosecuted after you leave office.

The former President pled not guilty to all charges. And tonight, a source familiar with his legal strategy tells NBC News he will do the same for this revised indictment. As his defense believes it includes the same fatal flaws, including Mr. Trump's pressure on his former VP, his new running mate pouncing on that.

I think it's clearly an effort to try to do more election interference from Jack Smith. He should be ashamed of himself, and it's one the reasons why we have to win because he should not be anywhere near power.

All right, Laura Jarrett joins us now live in studio. Laura, we're getting new reaction from the former President.

Yeah, Mr. Trump cranking out a number of posts on his social media platform saying that the special counsel essentially rewrote this indictment to try to be in line with the Supreme Court's decision when in fact, the special counsel stripped out things like his conversations with DOJ and other advisors, but he did leave in the conversations with pence. That's going to be why they try to dismiss that indictment. But it's going to take time, Tom.

We have debates in the election right around the corner. Will this new indictment keep him off the campaign trail?

No. The prior indictment wasn't going to do it either. There's going to be rounds of briefing. There's going to be rounds of arguments. We're talking weeks, if not longer, not days. But this is going to be back in front of the trial court on September fifth.

All right, Laura Jarrett leading us off tonight. Laura, we thank you for that.

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