Former deputy assistant attorney general John Yoo joined "Sunday Night in America with Trey Gowdy" to weigh in on both classified documents cases involving former President Trump and President Biden.

Trump and Biden are both facing investigations into their alleged mishandling of classified material.

While Trump and Biden's cases note key differences, Yoo argues "The rule of law and the Constitution, demands that similar cases be treated in a similar way."

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Trump's investigation began last August with the FBI's raid of Mar-a-Lago. The first batch, of multiple batches, of classified documents being found under Biden's possession was found at the Penn Biden Center on Nov. 2, 2022, however this was not revealed until January of this year.

"Now, there are some differences. First of all, with Biden, we don't even know what all the facts are yet. Every time it sounds like his lawyers or the FBI or someone from the White House Counsel's office takes a look, somewhere Biden has a property, they find more classified documents," Yoo said. "So we still don't even know the full story there. President Trump also kept documents, too. One thing that is different, is that [it] sounds like so far President Trump has had a lot more. And, of course, President Trump fought more with the government in terms of turning them over."

Yoo's comments come as reports claim the Justice Department seized six additional classified records from President Biden’s Wilmington, Delaware home after an FBI search on Friday. Some of these documents are dated to President Biden's tenure in the Senate, others to his time as vice president.

Joe Biden Donald Trump

Photo illustration of former President Trump and President Biden. (Photo by James Devaney/GC Images  |   Photo by Alex Wong/Getty Images)

Friday's batch of documents is also the fourth to be found since November, and the third to be found inside Biden's Wilmington home.

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"On the other hand, what we need to know is what was the harm to the national security? Where did these documents ---- where were they all this time? How did they get there? And most important, from a damage perspective, who had access to them? It might be the case that Trump's holding the documents is of less of a harm to the national security. They seem to be in a locked basement room with cameras and personnel on them, whereas Biden's are next to his car, in a locked garage in one place and then in a locked closet in another place, and then in his home in another place. That might be more of a threat to national security because more people might have had access to them," Yoo said.

Ultimately, Yoo argues "[Congress] need to get to the bottom of this," and "figure out why does this keep on happening? Because we should also mention a third person who I think went far beyond either of these cases in their violation of the handling of classified information and the harm to our national security, which was Hillary Clinton, who was running all the classified emails from the State Department through her ---- that went to her through a private unsecured computer server. So let Congress have an investigation of all three of those cases. Let's get the facts and then the Justice Department will have to be sure that they're treating all the cases fairly."

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A State Department report summarizing an administrative review of the handling of classified information by former Secretary of State Hillary Clinton’s use of a private email server for government business, found 38 individuals at fault and more than 500 security violations, from the 30,000 emails that the State Department was able to physically review.