i read the clinical study on it and it had good reviews. i've been taking prevagen now for five years and it's really helped me stay sharp and present. it's really worked for me. prevagen. at stores everywhere without a prescription. it's really worked for me. with just 68 days until the 2024 election, donald trump

faces a renewed legal battle over the 2020 election. jack smith filing a new indictment in the former president's federal interference case, the key differences after the ruling on presidential immunity. another israeli hostage rescued. we are live with an inside look at the operation to free the father of 11. held more than ten months by hamas. as talks ramp up for a cease-fire in gaza. health officials sound the alarm over mosquito-borne illnesses. new england reporting its first deadly case of triple e in a decade. what you need to know. some serious new firepower to fight california's wildfires. the new air tanker that could be a game-changing tool to fend offer off flames. the triumphant comeback that shattered the record for the longest match ever at the u.s. open. it's wednesday, august 28. "early today" starts right now.

good morning, i'm frances rivera. donald trump is once again facing charges related to efforts to overturn th overtur0 election. the doj says a new indictment reflects the supreme court ruling on immunity. the former president is calling for a dismissal and says the doj is violating its own policy, not to take action that might influence an election within 60 days of that election. for more on this case, here's laura jarret. >> reporter: 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 reelection. the gop nominee now facing a superseding indictment in washington, d.c. with the same core charges, but stripped away some of the acts the supreme court has said are off limits and immune from

prosecution. prosecutors have accused mr. trump of a sweeping plot to stay in office, leaning on his doj and state officials to help him overturn the election results, all culminating on the violent attack on the capitol on january 6. >> my office had seek a speedy trial so that our evidence can be tested in case. >> reporter: but the case was marred in appeals and delays. the supreme court's conservative majority dealing the real blow in july, saying that the form president cannot be prosecuted f formal acts as president. >> you can't do anything otherwise you're going to be prosecuted after you leave office. >> reporter: the former president pleaded not guilty to all charges, and a source familiar with the legal strategy says 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 do more election interference from jack smith. he should be ashamed of himself. it's one of the reasons we have to win, because he should not be anywhere near power. former president trump now says the september 10th debate is on. the trump campaign says the rules will be the same as the last debate with microphones muted when a candidate is not speaking. but the harris campaign insists that negotiations about that are still ongoing. meanwhile, a new interview between mr. trump and dr. phil aired overnight. the former president continued to make baseless claims about voter fraud. >> in california, you have people getting seven ballots. democrats. for instance, i look at california, i gave a speech there, i had a crowd so big, i said there's no way i could lose california. if jesus came down and was the vote counter, i would win california, okay? >> vice president harris and her running mate, tim walz will sit

for this first joint interview soon. it had it will happen tomorrow in georgia on cnn. a hostage has been rescued from the gaza strip. farhan al-qadi is a father of 11. he is only the eighth hostage to be rescued by the military. for the latest, let's go to claudio lavanga. what more do we know? >> reporter: good morning, frances. the israeli army says that al-qadi was found and rescued in an underground tunnel in a complex mission byn by israeli commandisraeli commandos. they released a video of him smiling, but they said they wouldn't release any further information in order to protect other hostages who are still in gaza. and a senior official says

al-qadi was alone when he was found in the tunnel. the office of the israeli president isaac herzog released information about atelephone call they had after he was rescued, in which al co-qadi to the president he couldn't believe it when he heard people speaking hebrew outside his door. he was taken to a medical facility in israel where he met with his relatives, whom he hadn't seen since october 7, in what doctors said was an emotional reunion. the group representing the families of the hostages or the people taken hostage on october 7 reminded that only military operations alone cannot rescue all of the 108 remaining hostages still in gaza and insisted that a cease-fire and hostage release deal should be reached as soon as possible. but that the ongoing negotiations in cairo seem to be at a stall after hamas insists that any deal should be based on

a july deal that they approved that included a cease-fire, permanent cease-fire and permanent withdrawal, frances. >> we'll see what turn it takes from there, claudio, thank you. the head of the international atomic energy agency warns there is a serious risk of a nuclear accident at the kursk plant in russia. ukraine mounted an invasion earlier this month in the kursk region. ukrainian forces have repeatedly attacked the plant. ukraine has not responded to the accusations. the head of the iaea says the plant is extremely fragile, because it doesn't have a protective dome. a tennessee man suspected of murder was arrested after he fell through the ceiling of a house he was hiding in. the u.s. martshal service said e fell into the kitchen. he was wanted for the murder of a man in memphis. two others have been caught.

it's not clear if wilkerson has legal representation. two people are get and another hurt after a possible tire explosion at atlanta's airport. a delta spokesman tells nbc news it happened in a maintenance hangar yesterday morning, though they could not confirm whether the tire had exploded. the fire department responded, and workers described running away from an explosion. the airline says it is heartbroken over the incident. there is a new urgency to keep people safe from mosquitos. concern has been growing about mosquito-borne viruses. and now, new hampshire is reporting that someone has died from an infection. here's rehema ellis. >> reporter: as new york sprays for mosquitos carrying dangerous viruses, like triple e, concern is spreading nationwide. cases popping up in massachusetts, vermont, new jersey, wisconsin and new hampshire. new hampshire health officials

say one adulteres resident died triple e after being hospitalized for severe neurological disease. it's their first case of the virus in a decade. the west nile virus is a threat, too. 33 states have reported 289 cases of west nile. >> this is worrisome and discouraging. >> reporter: specialist, dr. richard ellison says triple e virus is especially troubling. >> 30% to 40% of the patients who get this and become sick with it will die from it. >> reporter: is there any age group that's particularly vulnerable to these viruss? >> the very young and the very old are the ones who have the worst outcome. >> reporter: officials nationwide are taking action. spraying, testing to identify mosquito-breeding areas. >> i'm glad they're doing something pro active about it. >> reporter: safety precautions include wearing long sleeves and

pants, using insect repellant and getting rid of standing water. take extra care during dawn and dusk, that's where mosquitos are most active. tens of millions of people are still under a heat alert this morning. but relief is on the way. nbc meteorologist angie lassman is here with the details. seems we have to get over the hot, though, for some of us. >> relief coming, but we've got a system that's going to work across the midwest and eventually into the northeast through the day today. that's going to leave us with a chance to see stronger storms mainly from ohio to new jersey. these are the spots that we're going to be watching. columbus, pittsburgh, philadelphia, washington, d.c. for the chance for strong wind gusts, maybe large hail. the good news is tornado risk is low. but the temperatures will get your attention. 50 million people are included in the heat alerts. the mid atlantic, ohio valley

and quite a temperature divide. notice the cooler, kind of more mild conditions settling in across parts of the great lakes. not the case for washington, d.c. it hadwill feel like 104. a bunch of potential records across this region. but the more mild conditions will settle in as that high pressure continues to work in some of th cooleatr degrees in raleigh today. we'll head into the upper 90s from oklahoma city to little rock. and that's a look at your forecast, frances. back to you. >> okay, thank you, angie. former "real housewives of beverly hills'" tom girardi has been found guilty of embezzling $50 million from former clients. he is is the estranged husband

of erika jayne. he was found guilty of four counts of wire fraud. they say he also diverted $25 million to pay for jayne's entertainment career. coming up, the marathon match at the u.s. open, and heavy new tools to help fight wievlds. > d avy new tools to help fight wievlds. gish today. things aren't really movin'. you could use some metamucil. metamucil's psyllium fiber helps keep your digestive system moving so you can feel lighter and more energetic. metamucil keeps you movin'. and try fizzing fiber plus vitamins. and heavy new tools to help fight wievlds. dad i got a huge barbeque wing stain. this bottle says i need to pretreat. that stuff has way more water. a little bit of tide goes a long way, so you can save your shirt and maybe even a little money. moat the... library.s right... for a better clean with less... it's got to be tide. that grimy film on your teeth? dr. g? ♪♪

it's actually the buildup of plaque bacteria which can cause cavities. most toothpastes quit working in minutes. but crest pro-health's antibacterial fluoride protects all day. so it stops cavities before they start... crest. why use 10 buckets of water when you can use 1 fire extinguisher. and to fight heartburn, why take 10 antacids throughout the day when you can take 1 prilosec. for easier heartburn relief, one beats ten. prilosec otc. one pill. 24 hours. zero heartburn. new tool officials are expanding their fleet, adding a c-130 air tanker. it promises to give firefighters the upper hand when it comes to dowsing blazes across the state. david noriega reports. >> reporter: california is using a game-changing new tool in its

fight against wildfire. the state's fire protection agency, cal fire, now the first in the nation to deploy its own c-130 hercules air tankers to support firefighters on the ground and protect communities under threat. >> what's so great about them is just the amount of retardant they can carry. the range, the speed of these airplanes is so much more than the tankers we have now. it's just going to bolster our firefighting efforts that much more. >> reporter: the c-130 model has the ability to hold 4,000 gallons of fire retardant, and it has the greatest range. the planes were originally used by the u.s. coast guard. but, in december 2023, congress passed legislation, transferring seven of them from the federal government to california. the first of those stationed just outside of sacramento, after months of modifications, now ready for action. >> we are going to have five strategically placed throughout

california, so that they can get to any part of california within 20 minutes. >> reporter: officials also say the new technology could be a critical boost for rescue missions. welcome news for the thousands of california residents, shaken by wildfire season, with 830,000 acres burned so far this year. more than half of that in the park fire that's been blazing since july. the state's fourth-largest wildfire on record. victoria peters, who lives in the mountain community of lake elsinore says the aircraft could be a huge help for her neighbors. >> we have a lot of seniors here who won't get out. so you arrange who's going to take care of her? who's going to take care of the cats? who's going to get this one? >> reporter: the officials say this is just one step in the overall plan to better protect california. david noriega, nbc news. still to come, the nfl opens up its ranks to new investors. and anyone up for a five and and anyone up for a five and a half hour game of tennis

nature's bounty helps you grow thicker fuller hair with just one capsule a day. you are bountiful, it's in your nature. the first time you try bounce, it hits you: your laundry feels way fresher and less wrinkled... you start to wonder... if i put a sheet of bounce on my boss, will it make his wrinkles smoother? bounce can't do it all, but for better laundry... ♪ put a sheet on it ♪ ♪ with bounce ♪

swiffer duster traps 4x more dust for a clean even mom approves of. that reach! ♪♪ making hard to reach. so easy! swiffer, [wow!] the mother of all cleans! ♪♪ okay everyone, our mission is to provide complete, balanced nutrition for strength and energy. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. (♪♪) when your clothes come out looking newer, longer... you get to take them for a spin. again... ...and again... ...and again. persil cleans and helps keep clothes looking newer, longer. get that new clothes feeling. wash with persil. you've got a pepto predicament, ace. you overdid it on the loaded fries and now your gut is in the gutter. undo it with pepto fast melts. so you can keep on rolling. [bowling pins knocked down] when you overdo it, undo it with pepto bismol.

oh, what a way to finish it. >> and that is is the volley that brought an end to a record-breaking match at the u.s. open on tuesday. britain's dan evans outlasted the russian player in what became the longest match of modern history of the tournament. the five-set battle royale included a comeback from a deficit. the previous record was set in 1992, coming in at five hours and 26 minutes. first thing i was wondering, other than this was just astounding, yes, bathroom breaks. meals, not so much.

>> wow, five-plus hours? i mean, that's what all the conditioning's for i suppose. turning to another match, two-time champion naomi osaka won her first-round match againsh against the latvian. she was very open about some comments at the cincinnati open, saying she just didn't feel like she was in her body, like she was in herself. and she promised to give it her best shot. >> she's so transparent, right? being honest about her mental health struggles, too. >> look at that outfit. turning to a major shakeup for nfl ownership. nfl owners voted in favor of allowing select private equity firms to buy up to a 10% of a

team. it brings an average of $500 million of added capital. it would not give the firms voting or decision-making power. it is the last of the major american sports leagues to allow private equity in investments. when we come back, the new flip phone that could give you the digital detox you've been looking for. looking for. and th allison! e power du (ro cell sees looking for. and th ♪♪ [announcer] introducing allison's plaque psoriasis. she thinks her flaky, gray patches are all people see. otezla is the #1 prescribed pill to treat plaque pso.. over here! otezla can help you get clearer skin and reduce itching and flaking. with no routine blood tests required. doctors have been prescribing otezla for over a decade. otezla is also approved

to treat psoriatic arthritis. don't use otezla if you're allergic to it. serious allergic reactions can happen. otezla may cause severe diarrhea, nausea, or vomiting. some people taking otezla had depression, suicidal thoughts or weight loss. upper respiratory tract infection and headache may occur. ♪♪ [announcer] with clearer skin girls' day out is a good day out. live in the moment. ask your doctor about otezla. [♪♪] did you know, there's a detergent that gets your dishes up to 100% clean, even in an older dishwasher? try cascade platinum plus. for sparkling clean dishes even on the toughest jobs. just scrape, load and you're done. switch to cascade platinum plus. (♪♪) ghirardelli intense dark. (♪♪) bold... rich... intensely delicious dark chocolate. (♪♪)

ghirardelli intense dark. makes life a bite better. (♪♪) (background noises) hey! get off your— (donkey hee-haws) citrusy. ahhhhhhhh! (crash) show-off! (♪♪) mountaaaain dew! sometimes jonah wrestles with falling asleep... ...so he takes zzzquil. the world's #1 sleep aid brand. and wakes up feeling like himself. get the rest to be your best with non-habit forming zzzquil. ♪ ♪ i'm jimmy dean and only one thing could make a morning like this any nicer... with non-habit forming zzzquil. a hearty, hefty, good tasting breakfast, with eggs, bacon, sausage, cheese and tators. and when you finished, you know you had something to eat. when your clothes come out looking newer, longer...

you get to take them for a spin. again... ...and again... ...and again. persil cleans and helps keep clothes looking newer, longer. get that new clothes feeling. wash with persil. (♪♪) when life spells heartburn... how do you spell relief? r-o-l-a-i-d-s rolaids' dual-active formula begins to neutralize acid on contact. r-o-l-a-i-d-s spells relief. >> here's what's making headlines this morning. a bill to protect performers from unauthorized a.i. replicas was approved by the california senate. s sag-aftra proposed it. the consumer protection

bureau says some retailers are netting more than $90 million a year. travis and jason kelce are taking their podcast with a deal worth $100 million. it became a pop culture hit with maybe a little help from travis' love story with taylor swift. plus, the barbie phone is fin finally here. the collaboration between mattel and hmd goes on sale for 129 and hmd goes on sale for 129 bucks. which is why downy does more to make clothes softer, fresher, and better. downy. breathe life into your laundry. are you tired of your hair breaking after waiting years for it t? new pantene with more pro-vitamins, plus biotin & collagen. repairs as well as the leading luxury bonding brand. stronger, healthier hair, without the $60 price tag. if you know, you know it's pantene. can your pad absorb everything and stay fresh?

always flexfoam can. it's the only pad made with a flexible foam core that locks in blood and sweat while the top stays dry. keeping you up to 100% leak and odor free. see what foam can do for you. we all need fiber for our digestive health, but less than 10% of us get enough each day. good thing metamucil gummies are an easy way to get prebiotic, plant-based fiber. with the same amount of fiber as 2 cups of broccoli. metamucil gummies. the easy way to get your daily fiber. >> their brotherly feud was almost as legendary as their music. but 15 years after they went their separate ways, one of the

biggest bands of the '90s is come back for a surprise reunion. here's tom llamas. ♪ today is going to be the day ♪ >> reporter: oasis fans will never forget. a surprise announcement on social media from the famed british rock band on a long-awaited reunion tour. known for their mega hits of the '90s. including "wonder wall", streamed more than 1 billion times, and "champagne super nova." a comeback 15 years since the band's bitter split, between brothers liam and noel gallagher. >> the fighting, the songs were mega. >> reporter: they had twill tou uk and ireland next summer. writing, the guns have fallen silent, the stars have aligned. the great wait is over.

with an estimated 75 million records sold, oasis helped shape the britt pop wave of the '90s. ♪ ♪ but the band couldn't keep the music going. their songs iconic, but their fights epic. >> i just said [ bleep ] it, i can't, i can't do it anymore. >> reporter: oasis split in 2019, noel saying he couldn't work with his brother while touring. the biblical breakup stemming from years of sibling rivalry, liam, the arrogant frontman. noel, the brash musical genius behind the hits. the brothers often battling it out in the tabloids. >> he thinks i'm sort of desperate to get the band back together for money. >> reporter: whatever the reason, fans are no longer seeing a mirage. oasis is back and seeming to liver the lyrics of one of their biggest hits. >> oasis karaoke is going to hit

differently now that they're reuniting and going to tour. our thanks to tom for that update. the legendary dolly parton visited missouri to celebrate the expansion of her imagination library. ♪ kansas city ♪ ♪ kansas city here i come ♪ >> her library program mails books to kids every month at no cost to their families. the country icon started the program nearly three decades ago in east tennessee. but now the books reach children in 21 states. she celebrated in kentucky yesterday. the governor honored her with the title of "kentucky colonel". i'm frances rivera, have a great wednesday. wednesday. see you early thursday morning football season already and not a satellite dish in sight! i hardly recognize the roofs i grew up on. enough squawkin'! oh great... coach prime! y'all are whining while everyone else is watching nonstop football on directv! tell me! whose house is this? their house? i think they're renting.

listen, listen— i know they get easy access to all this football... but you know what you got? what, coach? a crumb bum attitude! now drop and give me twenty! twenty what? reason alone. we are students are not getting the support that they