The Denver Post reports that all may not be smooth sailing for U.S. Attorney John Suthers at his confirmation hearing for the position of Colorado Attorney General. The reason is that he was the subject of a Justice Department ethics investigation into whether he improperly engaged in political activity while serving as U.S. Attorney.

Suthers says the investigation was politically motivated.

Justice Department policy bars U.S. attorneys from actively engaging in politics. They must refrain from giving speeches, campaigning for candidates or hosting fundraisers. It was unclear who complained about Suthers’ activities.

According to Suthers, who will not release the report, the investigation is over and he was exonerated of wrongdoing. Then why not provide it to the State Senate which is charged with deciding whether he should serve as Attorney General?