Back in 1994, Dr. Byron Bush ran for U.S. Senate in TN. It was the Republican primary that Dr. Bill Frist won over Bob Corker, Bush and several others. Bush is running again, this time with Bill Hagerty, Dr. Manny Sethi and a few others.
Bush has recently released a press release about an ongoing court case that he has over a deal with a bank. Here is the press release, below.
BREAKING: Judge Recuses, Bush Motion for Fraud Upon the Court Moves Forward
Nashville, TN—Today Dr. Byron Bush received notification that Judge Deanna Johnson, scheduled to hear his motion on corruption in the courts, has recused herself from the case. Dr. Bush’s request for an independent action to address fraud upon the court by two Tennessee judges now moves forward with a hearing before Judge Joseph Woodruff scheduled for early December.
Dr. Bush released the following statement:
“I recently announced my candidacy to be the next U.S. Senator for Tennessee because it is clear we desperately need judicial reform to drain the swamp in D.C. and Tennessee. I am calling for the investigation and impeachment of Judges Martin and Clement for using lies of omission to change the reasonable outcome of a case.
Every citizen is supposed to be able to turn to the justice system for relief, not only those who are wealthy and powerful. But when it’s the justice system itself that’s corrupt—the judges who are advancing the lies—the crisis is dire indeed.
My wife and I have spent seven years and our life savings defending ourselves against the abuses of a greedy, dishonest bank, aided by the actions of Judge James Martin and Appellate Judge Frank Clement. Their willingness to ignore the plain language of a contract and the simple facts presented at trial constitutes a fraud upon the court and demands a response.”
Background
In a 2014 trial, Judge James Martin presided over Reliant Bank v. Bush in which the bank sought a deficiency judgment on StarPointe, a property under development by the Bushes. The Bushes documented for the court the note and security agreement prepared and agreed to by the bank, which provided that if necessary, their taking possession of the property would “satisfy the Borrower’s debt.”
At trial, Mr. Rick Belote, a senior vice president for Reliant Bank, testified that it had been a “mistake” by the bank to agree to these conditions in writing in 2007, an arrangement he discovered in 2010. Mr. Belote testified that while he eventually told his superiors, he never told the Bushes about his concerns.
Asked “Would you have told the Bushes if they had asked?” he replied “I didn’t, so obviously not.”
Even though these damning facts were uncovered in trial, Judge Martin made not a mention of them in his extensive 30-page opinion. He ruled for the bank and omitted entirely their admission that they were solely responsible for the contents of the agreement and they chose not to ever inform the Bushes of their self-described “mistake.” Judge Martin’s decision to pick and choose which material facts to include in his ruling resulted in $1 million in costs to the Bushes and violates T.C.A 47-50-112, the state law requiring contracts to be enforced as written.
The case has twice gone before Appellate Judge Frank Clement, son of a former Tennessee Governor and brother of a former Congressman, for review. He, too, has chosen to ignore the material facts of the case as documented in trial. If these Judges’ omissions are intentional, they deceive the court and constitute fraud upon the court for which Dr. Bush is seeking investigation and emergency judicial intervention.
