She did not say just what those facts are - but she likely knows at this point. I say likely because it is possible that for strategic reasons not all fact issues were raised by the parties. Of course, those kind of trial strategy moves are very risky.
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It is astonishing what foolish things one can temporarily believe if one thinks too long alone ... where it is often impossible to bring one's ideas to a conclusive test either formal or experimental. J.M. Keynes