The lawsuit accuses Giuliani and his former lawyer of "hacking into, tampering with, manipulating, copying, disseminating, and generally obsessing over data" allegedly taken from Hunter Biden's devices or storage platforms.
Biden's attorneys had requested an arraignment by video, but the judge said in Wednesday's order that the president's son should not receive special treatment.
Press secretary Karine Jean-Pierre told reporters that the president would not pardon or commute Hunter Biden's sentence if he's convicted on federal gun charges.
President Joe Biden has been harassing gun owners, the Gun Owners of America said, and "his son should be receiving the same treatment and scrutiny as all of us."
The FBI has created a stand-alone unit to investigate threats from members of the public who think agents and prosecutors haven't been tough enough on the president's son.