(NewsNation) — Recent discoveries of classified documents found at President Joe Biden’s Delaware home and an office previously used by him have prompted the appointment of a special counsel and calls for investigations from Republicans.

Rep. Warren Davidson from Ohio told NewsNation he believes it’s critical all such cases be treated equally, pointing to the use of the FBI to seize documents from former President Donald Trump’s Mar-a-Lago home.

“The Justice Department has to have a uniform standard, it has to treat this the same way for President Biden as it was treating it for Donald Trump. It’s too late for that. Obviously, they didn’t conduct a raid on any of Joe Biden’s properties or anything,” he said.

Biden’s lawyers turned the documents over upon discovery. The National Archives repeatedly requested documents from Trump and the Department of Justice issued a subpoena for them prior to the seizure.

Davidson also said it’s less concerning that former high-ranking officials, including presidents and vice presidents, have access to classified material but how they were stored is important. The House Republicans have requested visitor logs for Biden’s home in an effort to answer this question, but have not made a similar request for logs from Mar-a-Lago.

“We shouldn’t overstate how, how significant it is that these kinds of people have it. The problem is, where do they have it? And where did they have it that other people might have had access to?” he said.

Davidson said he believes it’s important to respect classified material, but that documents may be made public by those with authority.

“What’s clear is the president of the United States has the legal authority to declassify things. It’s not clear that the vice president has that legal authority,” he said.

While presidents do have the authority to declassify certain material, there is a declassification process and review that has to be followed for documents to be made public.

“I think either way, you look at it, you’d have to say, are you going to have a Department of Justice that applies the law evenhandedly, and they’re, you know, no secret, there’s a lack of public trust in the Department of Justice for a long time,” Davidson said.

In the case of both Biden and Trump, Attorney General Merrick Garland has appointed special counsels to oversee the investigations to avoid any conflicts of interest.