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Berlusconi will testify as someone informed about the facts in question because he was prime minister at the time of the alleged abduction more than five years ago.
CNN: Berlusconi may be called in CIA 'kidnap' trial
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And it is the case, as Secretary Clinton said today, that even now there are things that are still open to question and assessment as more facts come in, and that's why the investigation is continuing.
WHITEHOUSE: Press Briefing
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And that is: if the Foreign Intelligence Surveillance Act, which is the statute in question, as applied to the specific facts and circumstances of the NSA program, unconstitutionally -and these are the Supreme Court's words - impairs the ability of the president to protect our nation against attack, then that part of the statute itself is unconstitutional.
NPR: Invoking the State Secrets Privilege