The Justice Department sought to dismiss a lawsuit by Jill Kelley Tuesday alleging the government had violated her privacy during their investigation into the sex scandal that brought down former CIA Director David Petraeus.
The suit, filed in June by Kelley and her husband Scott Kelley, alleges FBI director Robert Mueller and other federal officials violated the Privacy Act when her name and some of her emails were leaked to media outlets.
The Associated Press reported the Justice Department asked that the case be expelled due to a lack of evidence showing the government "flagrantly disregarded her privacy rights." The lawsuit states that the FBI's cyber division did not provide Kelley with security protection in order to avoid negative attention during the presidential election cycle.
Kelley, a Florida socialite with connections to military circles, had issued a complaint to the FBI in May 2012 over a series of anonymous harassing emails. The emails were traced to Petraeus' biographer Paula Broadwell, and an ensuing FBI investigation blew the lid off of her affair with Petraeus, leading to his downfall.
The investigation also brought Kelley into a negative light on a very public stage. The suit claims Kelley was unfairly treated by the media amidst leaked documents by federal officials containing allegedly falsified, damaging material. Reports of "flirtatious" emails between her and former Gen. John Allen surfaced in November 2012, which both denied. Allen would retire after his nomination to head NATO's military forces was put on hold in light of the investigation.
Alan Raul, one of the Kelley's attorneys, told CNN that they will continue to pursue the case "so that justice can be done, and that other citizens may feel safe in coming forward to the government with evidence of crimes." He added that the Justice Department's filing did not refute Kelley's claim that government officials leaked her name to the media or that her reputation had been damaged.