Hunter Biden loses bid to dismiss federal gun case

April 13 (UPI) -- A federal judge has rejected Hunter Biden's motions to dismiss three federal gun charges against over what his attorneys called "selective and vindictive prosecution claims."

U.S. Delaware District Court Judge Maryellen Noreika in her ruling on Friday said President Joe Biden's son "failed to come forward with 'clear evidence' that he has been prosecuted where others similarly situated were not."

Biden has argued that he is being singled out, pointing to recent statements and press releases by Department of Justice officials indicating it is their policy to "only prosecute firearm offenses that involve violence or threats of public safety."

Noreika, however, said nothing in the materials provided by Biden's legal team showed he was prosecuted when others in similar situations weren't.

The judge said "clear evidence" of selective prosecution is required to prevail on a motion to dismiss a federal indictment charging Biden with felony offenses related to a 2018 firearms purchase.

Because Biden's legal team didn't provide such evidence, Noreika said the case against him must continue.

Even if he had shown evidence suggesting a "discriminatory effect" behind the federal case, Biden still would have to show the decision to prosecute him was made based on an "'unjustifiable standard,'" Noreika said.

Such an unjustifiable standard need to show the prosecution was launched due to Biden's race, religion or another "'arbitrary factor'" or to stop him from exercising a "'fundamental right,'" the judge wrote.

Biden would have to show clear evidence that the "decision to prosecute him was because he is the family member of a politically important person" -- but he didn't provide that evidence, Noreika ruled.

She also ruled a pretrial agreement dropping the charges against him no longer is in effect.

Federal prosecutors last year indicted Biden on three counts of illegal possession of a firearm after he allegedly lied about his use of illicit substances when buying a handgun from a gun store in 2018.

He is accused of falsifying information on a federal form by purchase firearms and illegal possession of a firearm while using narcotics.

The trial is scheduled to start on June 3 in the federal court in Wilmington, Del.

Biden also faces felony charges for tax evasion in other federal courts.