Dear Honorable Chief Judge Jon E. DeGuilio,
I hope this letter finds you well.
I request you to review the judicial misconduct committed by Judge Philip P. Simon and Magistrate Judge Andrew P. Rodovich.
For nearly three years, I have written to the court, requesting all documents related to my criminal case to be unsealed and made public, including the affidavit used to secure the search warrant. Repeatedly, I was denied. I have either been ignored or denied this request on specious grounds claiming that since I pleaded guilty, I am allowed no post-conviction legal reprieve.
I now ask you to oversee this case. There are two legal matters pending: verifying the judicial misconduct and analyzing my pending motion to vacate my conviction on the basis of actual innocence. The conviction lacks any factual basis. Furthermore, I was an amicus party to the Supreme Court case, Ruan v. The United States, which ruled the conviction requires criminal intent, or mens rea, which is also lacking in my case.
Subsequent to the ruling, I filed a complaint against DEA agents involved in my case that is currently under investigation by the Drug Enforcement Agency Office of Professional Responsibility. There is a factual basis of misconduct by the Munster Police and the DEA that was both independent of my conviction and that influenced the legal proceedings toward an unlawful conviction.
The procedural and substantive due process violations that serve as the basis for the complaint both preceded and contributed to the judicial misconduct.
Judge Simon initiated an improper ex parte communication with a DEA agent moments before sentencing me to prison. Magistrate Judge Rodovich violated his authority as a magistrate judge by denying my first amendment right to access information. By denying this fundamental right, Judge Rodovich is obstructing justice by preventing the unsealing of exculpatory evidence.
At this time, I am choosing not to file a formal complaint against Judge Simon or Magistrate Judge Rodovich. I hope this gesture merits a fair and honest review of the judicial misconduct.
I understand in this hyper partisan climate there may be a tendency to instinctively defend against such claims. I request you to overcome this and give my words its due credence and investigate this matter thoroughly. Please look at this as an opportunity to restore credibility to the federal judiciary.
To begin your investigative efforts, I recommend that you review the documents I already submitted to Judge Simon and the responses provided by Judge Rodovich. They spell out the judicial misconduct in detail.
Afterwards, I plan to file a motion to discuss your review formally. If need be, I can provide additional documents prior to calling such motion.
Last, I have written a book that details part of the judicial misconduct in this case. I also compiled all legal documents in this case and plan to share them with investigative journalists and judicial reform organizations. These efforts are intended to raise awareness of the misconduct in my case. I plan to involve all interested parties in the review of judicial misconduct.
Thank you in advance for your time and consideration. I look forward to continuing the conversation.
Respectfully,
Dr. Jay K Joshi
