©  The Hill/Greg Nash

Former President Trump said he received notice that he’s a target in the Justice Department‘s investigation into the Jan. 6, 2021 Capitol attack and efforts to overturn the 2020 presidential election results. 

Florida Gov. Ron DeSantis continued his line of responding to Trump’s legal woes with allegations that prosecutors are biased against Trump. He also criticized Trump’s response to the events of Jan. 6.

DeSantis said Tuesday of Trump, “I think it was shown how he was in the White House and didn’t do anything while things were going on. He should have come out more forcefully.”

“But to try to criminalize that, that’s a different issue entirely,” DeSantis added. “We want to be in a situation where you don’t have one side just constantly trying to put the other side in jail, and that unfortunately is what we’re seeing now.”

Trump spokesperson Steven Cheung tweeted about DeSantis’s criticism of Trump, “A disqualifying take from an unserious candidate in the last throes of his failed candidacy.”

In an interview with CNN’s Jake Tapper aired early Tuesday evening, DeSantis said, “I don’t think it serves us good to have a presidential election focused on what happened four years ago in January. … I hope he doesn’t get charged. I don’t think it’ll be good for the country. But at the same time I’ve gotta focus on looking forward, and that’s what we’re gonna do.”

Trump called Special Counsel Jack Smith, who’s leading the Jan. 6 investigation as well as the Mar-a-Lago documents investigation in which Trump was indicted in May, “[d]eranged” and “the prosecutor with Joe Biden’s DOJ.”

If charged, Trump would be facing his third indictment this year and his second on federal charges. Trump has pleaded not guilty to previous charges.

Check out reactions from Republican lawmakers here

Welcome to Evening Report! I’m Amee LaTour, catching you up from the afternoon and what’s coming tomorrow. Not on the list? Subscribe here.

• Defense Secretary Lloyd Austin said a U.S. soldier detained in North Korea “willfully and without authorization crossed the military demarcation line,” adding that U.S. officials are “closely monitoring and investigating the situation[.]”
  
  

• Former House Democratic leader Dick Gephardt discussed his organization’s work to counter No Labels‘s potential support of a third-party presidential candidate, while No Labels again said it would end its effort if it would aid former President Trump‘s bid.
  
  

• The World Meteorological Organization said in a release about the current heat wave rattling the northern hemisphere that increased overnight temperatures leave bodies without recovery time and lead to “increased cases of heart attack and death.

©  Associated Press

The House is set to vote Tuesday on a resolution Rep. August Pfluger (R-Texas) introduced, saying Israel is “not a racist or apartheid state,” rejecting “all forms of antisemitism and xenophobia” and stating “the United States will always be a staunch partner and supporter of Israel.” 

The vote comes days after Congressional Progressive Caucus Chairwoman Pramila Jayapal (D-Wash.) referred to Israel as “a racist state” and a day before Israeli President Isaac Herzog is scheduled to deliver remarks to a joint session of Congress. Jayapal later walked back her remark.

The Congressional Black Caucus (CBC) is launching the super PAC Rolling Sea Action Fund in an effort to win a Democratic House majority in 2024 and elect the first Black House Speaker.

The PAC’s executive director, Niccara Campbell-Wallace, told The Hill’s Cheyanne M. Daniels, “This organization shares the mission and goals of the CBC PAC, which is focused on recruitment. This will be an avenue to really, really target folks in battlefield districts that are crucial for us to take back the House in 2024.”

In addition to investing in campaigns and mobilization efforts, the new organization will focus on “year-round political investment in Black communities, something many activists have said doesn’t happen,” Daniels reported.

Read Daniels’s full report here

The Senate takes its first procedural vote on the National Defense Authorization Act (NDAA) this evening. Notably, the bill the Senate will take up is not the version the House passed last week.

The House bill contains a number of amendments conservatives pushed related to the Defense Department‘s policies on abortion, transgender health care and more.

“If the Senate approves its own bill, the two chambers may conference their measures to iron out the differences and craft a compromise bill,” The Hill’s Mychael Schnell explained. “Speaker Kevin McCarthy (R-Calif.) last week suggested that would be the course of action: He already asked Rep. Marjorie Taylor Greene (R-Ga.), who was initially planning to oppose the bill but ultimately got on board, to sit on the conference committee.”

©  Michael Holahan/The Augusta Chronicle via AP, File

What’s next for student loans? The Hill’s Adam Barnes and Lexi Lonas give a rundown of President Biden‘s new SAVE plan for student loan borrowers here.

Michael Barr, the Federal Reserve‘s vice chair of supervision, said Tuesday at the National Fair Housing Alliance conference that artificial intelligence and machine learning “have enormous potential” but “also carry risks of violating fair lending laws and perpetuating the very disparities that they have the potential to address.” Read more here

In-N-Out Burger told employees in Arizona, Colorado, Nevada, Texas and Utah that they can no longer wear masks as of Aug. 14. Employees who provide a “valid medical note” to their supervisor will be exempted, according to a memo leaked on Twitter.

The memo says the new guidelines “emphasize the importance of customer service and the ability to show our Associates’ smiles and other facial features while considering the health and well-being of all individuals.”

“The fight for dark skies” — Chris Impey, a professor of astronomy at the University of Arizona. (Read here)

“‘Non-human intelligence’: Schumer proposes stunning new UFO legislation” — Marik von Rennenkampff, who served as an analyst with the U.S. Department of State’s Bureau of International Security and Nonproliferation as well as an Obama administration appointee at the U.S. Department of Defense. (Read here)

36 days until the first GOP presidential debate.

476 days until the presidential election.

11 a.m.: Israeli President Isaac Herzog delivers remarks to a joint session of Congress.

1 p.m.: The House Oversight and Accountability Committee holds a hearing with IRS whistleblowers.

There a story you think should be getting more attention? Something people should be talking about? Drop me a line: ALaTour@digital-release.thehill.com

You’re all caught up! Stay with TheHill.com for the latest and recommend this newsletter to others: TheHill.com/Evening. See you tomorrow.