In June, Jill Kelley and her husband, Dr. Scott Kelley, filed their lawsuit against the FBI, the Defense Department and unnamed federal agents, claiming a violation of privacy because the defendants accessed private emails against their wishes. The Kelleys, who live in Tampa, Fla., also claim government officials wrongfully disclosed Jill Kelley's name.
Government attorneys late Tuesday asked the lawsuit be dismissed because it failed to present facts the FBI, the Pentagon and others violated Jill Kelley's rights, CNN reported.
Former Gen. John Allen, commander of U.S. Central Command, received an email in June 2012 from an anonymous sender that referenced Kelley's social activities. The Kelleys later received similar emails, which investigators determined were sent by then-CIA Director David Petraeus' biographer, Paula Broadwell.
Petraeus resigned in November after he admitted having an affair with Broadwell.
During the scandal, information also became known that Kelley and Allen had email conversations that officials suggested were inappropriate. A Pentagon investigation cleared Allen of wrongdoing. He retired from the military in February.
Alan Raul, an attorney representing the Kelleys, said his clients would pursue their case "so that justice can be done, and that other citizens may feel safe in coming forward to the government with evidence of crimes."
Raul said the Justice Department didn't refute claims that government sources leaked Kelley's name and the couple's reputations were damaged.